Nations Set Sail Toward Historic High Seas Biodiversity Treaty

UN Opens First Preparatory Commission

Global ocean governance enters critical phase as states navigate cooperation, equity, and implementation hurdles in the lead-up to BBNJ treaty enforcement

Maritime News, United Nations Headquarters, New York : In a landmark step toward protecting the biodiversity of the planet’s last great commons—the high seas—the United Nations today opened the first formal session of the Preparatory Commission for the Biodiversity Beyond National Jurisdiction (BBNJ) Treaty, setting the stage for the treaty’s eventual entry into force.

With more than 112 signatories and 21 ratifications so far, the treaty—formally titled the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction—will come into effect 120 days after 60 ratifications are received.

“Rig the ship and prepare it to sail” — Time for Action, Say UN Leaders

Opening the session, Elinor Hammarskjöld, UN Legal Counsel and Under-Secretary-General for Legal Affairs, called the treaty a “historic achievement” and stressed the urgency of operationalising it amid escalating environmental pressures on the oceans.

“The need for decisive action has never been more urgent,” Hammarskjöld said, urging Member States to approach the implementation with the same “spirit of compromise and flexibility” that led to the treaty’s adoption in 2023.

Global Funding and Governance in Focus

Financial backing is already underway, with the Global Environment Facility (GEF) allocating $34 million to support national ratification and early action. A voluntary trust fund has also been set up to support developing countries’ participation in the Commission’s work.

As the first session unfolds from April 14 to 25, informal working groups will tackle three key clusters:

• Governance and institutional rules
• Clearing-House Mechanism for open-access knowledge sharing
• Finance and implementation support

Consensus and Complexity: Delegates Voice Priorities and Concerns

Adam McCarthy (Australia), Commission Co-Chair, stressed that “time is of the essence,” while Co-Chair Janine Coye-Felson (Belize) urged the international community to “build on the momentum to make the Agreement a reality.”

Member States offered detailed feedback on the draft rules of procedure for the future Conference of the Parties (COP)—with topics ranging from voting rights and meeting frequency to regional representation and technology access.

Highlights included:

• Cuba: Called the treaty a “triumph for developing countries,” and demanded a binding technology transfer mechanism to avoid “privatization of the common good.”
• Iraq (on behalf of G77 + China): Emphasized inclusivity and special accommodations for SIDS and least developed countries.
• Federated States of Micronesia (for Pacific SIDS): Requested a dedicated seat for SIDS, mirroring the UN climate convention structure.
• Argentina: Stressed the need for legal clarity in procedural rules to avoid governance vacuums.
• UK and New Zealand: Supported limited membership in subsidiary bodies and consensus-based decision-making, with flexible provisions for hybrid meetings.
• Jamaica (for CARICOM): Proposed proxy voting, clarity on arrears, and enhanced interaction between COP bodies.
• Thailand & Türkiye: Favoured biennial meetings to reduce burdens on developing states and allow time for national-level implementation.

Tensions Surface Over Scope and Influence

While most delegates expressed enthusiasm for the treaty’s conservation goals, concerns were raised about potential overreach and jurisdictional ambiguity.

• Russian Federation: Warned against the treaty becoming a political tool, claiming it imposes EU-style environmental standards without scientific safeguards.
• China: Stressed the treaty must not apply to disputed maritime zones, and should strictly focus on the high seas and seabed.

A Treaty Built on Multilateralism, Poised to Protect Global Commons

The BBNJ treaty is widely regarded as a historic step in ocean governance, aiming to protect biodiversity in over two-thirds of the ocean that lies beyond national jurisdictions, where few rules currently apply.

As the countdown continues to the 2025 UN Ocean Conference in Nice, where global attention will return to the high seas, the Preparatory Commission’s deliberations will determine whether the world can navigate the challenges of inclusion, science, governance, and equity to make this treaty a living instrument for planetary protection.

“The world expects us to take the potential of this treaty and turn it into reality,” said Co-Chair McCarthy, summing up the weight of the moment.

🧩 Who Will Face the Challenges?

1. Developing Countries & Small Island Developing States (SIDS)

• Key Challenges:
  • Limited technical, legal, and financial resources to participate in meetings and implement obligations.
  • Risk of underrepresentation in governance structures.
  • Difficulty accessing and applying high-cost marine research technology.
• Why It Matters: These countries often depend heavily on ocean ecosystems for livelihood and climate resilience, yet have minimal say in how high seas are governed.

2. National Governments (Especially Non-Ratifying States)

• Key Challenges:
  • Ratifying the treaty and aligning national legal frameworks with BBNJ obligations.
  • Balancing biodiversity protection with economic interests (e.g., fishing, shipping, seabed mining).
• Why It Matters: Without widespread ratification, especially by major ocean powers, the treaty may lack enforcement muscle.

3. Regional Economic Integration Organizations (e.g., EU, ASEAN)

• Key Challenges:
  • Clarifying voting rights and jurisdiction in the Conference of Parties (COP).
  • Avoiding overlap or conflict with member states’ sovereign positions.

4. Scientific and Technical Institutions

• Key Challenges:
  • Generating baseline marine data and identifying ecologically significant areas.
  • Managing the Clearing-House Mechanism for knowledge sharing.

5. Industrial Stakeholders (e.g., Deep-sea Mining, Fishing, Biotech)

• Key Challenges:
  • Adjusting to stricter environmental and access regulations.
  • Complying with benefit-sharing protocols for marine genetic resources.

🔗 Roles of Different Stakeholders

🕰️ Tentative Timeline for Implementation and Acceptance

• Funding and capacity-building programs rolled out
• Rules for Environmental Impact Assessments finalized | | Full Operationalisation and Monitoring | 2028 onward | Global compliance frameworks, monitoring, and enforcement systems in place. Long-term treaty review begins. |

⚖️ Why the Process Will Take Time

1. Consensus-based diplomacy: Finalizing COP rules and mechanisms requires extensive negotiation and compromise.
2. Capacity gaps: Many nations lack marine scientific expertise, funding, or legal infrastructure.
3. Jurisdictional disputes: Clarity is needed to avoid overlaps with territorial claims or conflicting treaties.
4. Technology transfer hesitancy: Industrial nations may resist mandatory tech-sharing obligations.
5. Funding uncertainty: Reliance on voluntary trust funds for developing country participation creates implementation bottlenecks.

🌊A Treaty With Enormous Promise—If the World Stays on Course

The BBNJ Treaty is a once-in-a-generation opportunity to protect biodiversity on the high seas. But translating this “shining achievement of multilateralism” into real change hinges on:

• Swift and broad ratification
• Inclusive and transparent governance
• Robust financial and scientific support
• Equal representation for those most vulnerable to ocean decline

It’s a treaty built on hope—but will require rigorous effort, political will, and global solidarity to anchor it into action.