Governing the high seas: The BBNJ Treaty that informs the future of ocean use and practices

Key Takeaways:

• The Biodiversity Beyond National Jurisdiction Agreement (High Seas Treaty) recently came into effect, and could inform the future use of international waters and the seabed.

• The treaty largely focuses on sustainable use, aiming to fulfil climate and environmental goals. Countries spearheading the implementation of the treaty may benefit from the regulatory influence it promises.

• International waters and seabeds offer resources that are increasingly sought after. Affecting critical industries and supply chains, a variety of actors will likely be affected if the High Seas Treaty comes to full implementation and ratification.

Biodiversity Beyond National Jurisdiction (BBNJ) Agreement

The Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, also known as the High Seas Treaty, came into effect on 17 January 2026. After nearly two decades of negotiation, the legally binding UN (United Nations) treaty began its implementation in protecting and guiding the sustainable use of marine life, covering international waters and the international seabed. The international agreement marks a major step in maintaining the health and longevity of ocean ecosystems and serves as the first legally binding ocean instrument to shape ocean governance. Provisions were additionally included to ensure the engagement of Indigenous People, local communities, and gender provisions. The treaty is based on four pillars: resource management and benefit-sharing; the establishment of marine protected areas (MPAs); environmental impact assessments; and developmental aid in ocean research and conservation.

Regulating the global commons of international waters means implementing international governance measures over a highly coveted area. Indeed, UN Secretary-General António Guterres described the agreement as an important step toward addressing global crises. The BBNJ “fills a critical governance gap to secure a resilient and productive ocean for all.” International waters are a vital artery for global maritime shipping and fishing, and seabeds are critical to scientific research, pipeline infrastructures, and undersea cables. The BBNJ recognises this, conceptualising international waters and seabeds as a highly coveted and utilised area of the world. Its jurisdiction is intended to ensure sustainable access to these areas in ways conducive to the benefit of all humanity.

The BBNJ build on the current international legal framework, such as the UN Convention on the Law of the Sea (UNCLOS), and serves to strengthen party responsibility in international waters as well as reinforce the implementation of the UNCLOS. Changes include specificities on managing biodiversity and implementing sustainability and climate change goals in ocean governance in line with the 2030 Agenda for Sustainable Development.

Geopolitical Impact

The BBNJ agreement is legally binding for the 81 countries that have ratified it. Such countries include major economies like Brazil, China, France, and Japan. The reluctance of a majority of countries to ratify the treaty, as well as uncertainties in the success of the treaty’s implementation, could be interpreted as a potential challenge to the BBNJ’s success and the promise of future regulatory frameworks. Its legally-binding nature is a significant point of disincentivisation for countries unwilling to commit.

China is in a bid to host the treaty organisation’s secretariat, a position that would allow it considerable input into the organisation’s funding and planning. Although some say that China is motivated by a wider political agenda, such as safeguarding its powerful fishing industry, Beijing’s eagerness to participate and shape policy around the treaty is reflective of greater efforts to link climate and environmental goals with UN multilateralism and global governance.

Establishing law at sea has become a goal for today’s policymakers. As countries are heading towards conflict at sea over critical minerals, pursuing destructive fishing practices, and mining seabeds, they are also racing against the implementation of international laws that would prevent such practices. Most recently, conversations about deep-sea mining and exploitation have become increasingly topical and find themselves in this tug-of-war between ethics, international law, and economic opportunity. The United States (US) and its companies have been at the forefront of efforts to explore deep-sea mining ventures.

Looking Ahead

The BBNJ allows for an advancement in scientific research and sustainable marine biology exploitation. It sets out benefit-sharing mechanisms for the collection of and research into the genetic material of marine organisms. This would have an impact on several industries, including pharmaceuticals, cosmetics, biotechnology, and agriculture. In public and regulatory terms, it can also help government and private actors target green and biodiversity quotas in setting frameworks for exploitation and sustainable use. It also strengthens the UNCLOS’ jurisdiction and purposes, ensuring actors abide by international standards of practice. For countries that ratified the treaty, the BBNJ permits them to play leading roles in international climate and nature action.

Policy and regulatory mechanisms may be later introduced in countries that participated in the making of the BBNJ, creating future possible considerations for seafaring actors. The affected actors include those in the shipbuilding, aquaculture, offshore resources, and fisheries industries. Governments are likely to start writing legislation to establish, fund, and govern protected zones, deciding who profits from the oceans’ resources.

The onset of deep-sea mining has seen its regulatory mechanisms spearheaded by the UN’s International Seabed Authority (ISA). Accessing deep-sea mineral deposits such as lithium, cobalt, nickel, and rare earths is critical to resources for building everything from electric vehicles, wind turbines, cell phones, to medical technologies and military structures. As governments and companies move to mine resources beyond their national jurisdictions, the BBNJ may help in shaping up the ISA and inform future deep-sea mining operations. While this legislative work is still preliminary, it is still helpful in delineating future expectations and planning.