BBNJ Treaty Nears Entry Into Force, High Seas Biodiversity in Focus

Momentum grows for the UN high seas biodiversity treaty as entry into force moves closer

Delegates from around the world gathered at UN Headquarters in New York last week to push forward the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biodiversity of Areas Beyond National Jurisdiction. Known formally as the BBNJ Agreement, it was adopted in June 2023 and remains open for signature until 20 September.

With eight ratifications still needed to trigger the treaty’s entry into force, momentum is accelerating toward implementation, which could begin as early as 2026. The agreement covers critical areas such as marine genetic resources, environmental impact assessments, area-based management tools, and the transfer of marine technology, making it central to safeguarding the ocean beyond national borders.

“The need for decisive and concerted action has never been more urgent,” UN Legal Counsel Elinor Hammarskjöld told delegates at the session’s opening. Negotiators are weighing a range of complex issues—from rules of participation and financing to digital access and where the treaty’s secretariat will be hosted—underscoring the trade-offs embedded in moving from text to real-world action.

The session’s energy and the crowded rooms at UN Headquarters suggested that the international community is edging closer to turning the treaty text into real-world steps. In recalling the 2025 UN Ocean Conference held in Nice, Hammarskjöld emphasized that multilateralism remains essential to addressing the pressures threatening marine ecosystems. The conference’s actions, including 39 treaty actions by states from across regions, demonstrated strong global commitment to conserving and sustainably using the ocean’s resources.

Co-Chair Janine Coye-Felson echoed the sense of urgency, noting that if the momentum from Nice sustains, the Agreement could enter into force in the latter part of 2025 or early 2026, and that the first Conference of the Parties could convene in 2026. As entry into force nears, delegates are also turning to operational matters, with a proposed Clearing-House Mechanism poised to become the treaty’s central hub for information exchange. Commission Co-Chair Adam McCarthy underscored that establishing this mechanism early is among the most urgent tasks, aiming to have the informal expert group up and running by September.

Numbers remain a focal point: the treaty has 139 signatures and 52 ratifications secured so far, putting it within reach of the 60 ratifications required for entry into force. The current negotiating session at UN Headquarters runs through 29 August, keeping the door open for the last-mile decisions that could unlock a formal start to the treaty’s implementation phase.

The negotiation process has highlighted strong regional dynamics, particularly among small island developing States (SIDS). Delegates from SIDS pressed for greater flexibility in participation, including virtual participation and guaranteed representation on the COP Bureau. For the Federated States of Micronesia and a coalition of Pacific SIDS, there was also a call to recognize the distinct status of Indigenous Peoples under international law as rights-holders, not merely stakeholders. Developing States, including groups such as the G77 and China, the African Group, CARICOM, and Pacific SIDS, argued that participation funding should be an obligation under the treaty, backed by a voluntary trust fund to cover full delegate expenses for least developed countries, landlocked states, and SIDS, while resisting any restrictions on states in arrears.

Operational questions loom large as the treaty edges toward its potential entry into force. The Clearing-House Mechanism is envisioned as the treaty’s central information exchange platform, and negotiators are urged to ensure it is functional early—ideally by early 2026—so that states and stakeholders can begin coordinated work without delay.

Looking ahead, regional momentum remains a hopeful through-line. Pacific nations have consistently framed the BBNJ framework as essential to protecting two-thirds of the world’s oceans that lie beyond national jurisdictions, while noting that ratification alone does not automatically establish marine protected areas in international waters. Instead, ratification is a stepping-stone to collective action—through shared governance, monitoring, and management tools—that countries must implement together.

Experts and regional representatives point to a broader climate and oceans agenda intertwined with the BBNJ treaty. Strengthened governance of high seas biodiversity aligns with goals to curb overfishing, reduce pollution, and bolster resilience in the face of climate change. The Pacific region’s ongoing workshops and regional cooperation efforts illustrate a growing momentum to translate treaty provisions into tangible protections on the water.

In short, authorities say the treaty’s near-term milestones—rising signatures and ratifications, a funded and operational clearing-house, and the first COP—signal a pivotal moment for global ocean governance. If the current pace continues, the international community could begin to implement the agreement in 2026, with a robust framework for protecting the ocean’s biodiversity, supporting sustainable science, and enhancing the resilience of coastal and island communities that depend on healthy high seas.

A hopeful note: the convergence of diplomacy, regional leadership, and practical mechanisms suggests a future where high seas biodiversity is better safeguarded through coordinated, well-funded action, driven by multilateral collaboration and a stronger, rights-respecting approach to Indigenous Peoples and SIDS. The coming months will be decisive in determining whether this momentum translates into a lasting, enforceable framework for the world’s shared ocean heritage.