International Treaty for Marine Protection Takes Effect

A Global Agreement for the Protection of Marine Life

After nearly two decades of negotiations, an international agreement deemed crucial for the protection of marine biodiversity in international waters and on the ocean floor will take effect Saturday, marking a significant step in efforts to ensure the health of ocean ecosystems for decades to come.

Known officially as the Agreement on Biodiversity Beyond National Jurisdiction (BBNJ), this legally binding treaty was developed under the auspices of the UN and applies to ocean areas that extend beyond national waters (known as "high seas") and the international seabed area. These regions constitute over two-thirds of the ocean's surface, representing more than 90% of Earth's habitat by volume.

BBNJ aims to transform the “high seas” and the international seabed area into a sustainably managed environment for the benefit of all humanity. It is also the first legal instrument responsible for ocean governance, featuring provisions for the involvement of indigenous and local communities, as well as gender balance. Once fully implemented, the Agreement is expected to significantly contribute to addressing the so-called “triple planetary crisis” of climate change, biodiversity loss, and pollution.

Mzee Ali Haji, a Tanzanian diplomat who led his country’s negotiation team, stated that this agreement represents a major step in the protection of international waters. He emphasized, “Everyone needs to be aware that there is now control over activities in the high seas. For example, if you pollute, you are responsible for your actions.”

BBNJ strengthens the existing international legal framework, building on the UN Convention on the Law of the Sea, which has set rules for maritime exploitation and marine protection since 1994. The Agreement addresses gaps in the Convention by providing details on how to manage biodiversity and aligning ocean governance with modern challenges such as climate change.

Upon its entry into force, the agreement becomes mandatory for the 81 nations that have ratified it thus far, meaning they commit to integrating it into their national legislation. Most leading economies, such as China, Germany, Japan, France, and Brazil, have already ratified BBNJ, while countries like the United States, India, the United Kingdom, and Russia have yet to do so.

Nevertheless, Haji remains optimistic about the impact of BBNJ, stating, “Developing countries and small island nations need support. We hope that in the future they will embrace this agreement, as it will be helpful to them. The protection of the high seas is everyone's responsibility.”

The door remains open for other countries to ratify, which will facilitate the effective functioning of the Agreement. Implementation remains key, and the first meeting to monitor the progress of this endeavor is expected to take place no later than a year after its entry into force.