SDG 14: Life Below Water | SDG 17: Partnerships for the Goals
Ministry of Earth Sciences
The Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, a legally binding UN treaty, officially enters into force this Saturday, marking the culmination of nearly two decades of negotiations. Covering over two-thirds of the ocean’s surface—regions beyond national waters known as the “high seas”—this treaty represents the first legally binding instrument for inclusive ocean governance. It builds upon the UN Convention on the Law of the Sea (UNCLOS) to address modern challenges like climate change, biodiversity loss, and the “triple planetary crisis”.
Inclusive Governance and Strategic Goals
Indigenous and Local Engagement: The BBNJ is the first international ocean instrument to explicitly mandate the engagement of Indigenous Peoples, local communities, and the maintenance of gender balance in governance.
Sustainable Management: The treaty transforms international waters and the seabed into environments to be managed sustainably for the “benefit of all humanity”.
Entry Threshold: The agreement becomes legally binding for its 81 ratifying nations after meeting the required threshold of 60 countries, occurring 120 days post-ratification.
Accountability for Pollution: The treaty establishes new controls on activities in the high seas, ensuring that nations and entities are held responsible for acts of marine pollution.
Global Participation and Holdouts
Major Ratifiers: Nations with significant maritime industrial footprints, including China, Germany, Japan, France, and Brazil, have already ratified the treaty.
Major Exporters: China alone exported US$ 155 billion in ocean-related goods in 2023, emphasizing the treaty’s impact on shipbuilding, aquaculture, and offshore energy.
Key Holdouts: The United States, India, the United Kingdom, and Russia have yet to ratify. While the US and India adopted the treaty in 2023 and 2024 respectively, domestic legislative processes remain pending.
Russia’s Position: Russia has neither adopted nor ratified the treaty, citing concerns over preserving existing governance frameworks and ensuring “freedom of navigation” in international waters.
What is ‘Biodiversity Beyond National Jurisdiction (BBNJ)’ and why is it a ‘Constitution for the High Seas’? It is a legally binding framework designed to manage and protect the biological diversity of areas that lie outside of any single nation’s exclusive economic zone. While the UN Convention on the Law of the Sea (UNCLOS) has provided the “constitution for the oceans” since 1994, it left significant gaps regarding the management of deep-sea biodiversity and modern environmental threats. The BBNJ acts as a specialized supplement that aligns global ocean governance with the 2030 Agenda for Sustainable Development, providing the legal teeth necessary to establish marine protected areas and regulate human activity in the 90% of Earth’s habitat that is underwater.
Policy Relevance
As a top developing-economy exporter of ocean goods (US$ 19 billion), India’s ratification is critical for its leadership in the Global South and the “Blue Economy.”
Strategic Impact for India:
Bridging the Legislative Gap: While India adopted the treaty in 2024, the Ministry of Earth Sciences and Parliament must fast-track domestic ratification to influence the first monitoring meeting scheduled for 2027.
Leading the Global South: Ratification would allow India to support Small Island Developing States (SIDS), which require international cooperation and technology transfer to protect their vast maritime interests.
Sustainable Fisheries and Shipping: As a major exporter, India stands to benefit from clearer rules on marine genetic resources and standardized environmental impact assessments in the high seas.
Climate Resilience: Integrating BBNJ into national policy aligns with India’s commitments to the UN Decade of Ocean Science, helping to protect the carbon-sequestering capacity of the open ocean.
Relevant Question for Policy Stakeholders: How can India synchronize its ‘Deep Ocean Mission’ with the BBNJ’s benefit-sharing provisions to ensure that future deep-sea discoveries contribute to both national growth and global scientific equity?
Follow the full news here: Game-changing international marine protection treaty comes into force
Background information: 60th Ratification of the High Seas Treaty Paves Way for Global Ocean Governance