Delegates have convened in New York for the inaugural session of the Preparatory Commission for BBNJ Treaty

The Biodiversity Beyond National Jurisdiction (BBNJ) Treaty serves as the third implementing agreement under the United Nations Convention on the Law of the Sea (UNCLOS), aimed at safeguarding marine biodiversity in the high seas, ensuring equitable sharing of benefits derived from marine genetic resources, and mandating Environmental Impact Assessments (EIAs) for activities conducted in these waters.

This treaty applies to regions beyond 200 nautical miles from national Exclusive Economic Zones (EEZs), which constitute 64% of the world's oceans. Although India has signed the treaty, it has yet to ratify it. The necessity for the BBNJ Treaty arises from the significant marine protection gap, with only 1.44% of the high seas currently safeguarded despite their vast coverage.

Furthermore, unregulated activities such as deep-sea mining, overfishing, and pollution occur with minimal international oversight. The increasing commercial utilization of marine genetic resources in sectors like pharmaceuticals and biotechnology underscores the need for a robust regulatory framework.

Additionally, the treaty seeks to promote equity in ocean resource utilization, preventing the dominance of developed nations and ensuring that countries in the Global South can access oceanic wealth. However, the BBNJ Treaty faces several challenges, including low ratification rates—only 21 countries had ratified it by April 2025, far short of the 60 required for enforcement.

Geopolitical tensions, particularly in regions like the South China Sea and Bay of Bengal, hinder consensus on establishing Marine Protected Areas (MPAs). The treaty also suffers from weak enforcement mechanisms and the possibility of conflicts with other conventions, such as the Convention on Biological Diversity (CBD) regarding marine genetic resources.

Additionally, the financial burden on developing nations is exacerbated by the lack of binding commitments for capacity-building and technology transfer. Lastly, implementation gaps exist as the treaty does not address oil and gas exploration or pollution within EEZs, which undermines ecological coherence.

Path Ahead:

• Fast-Track Ratification: To reach 60 ratifications, particularly by UNOC-3 in France, an immediate diplomatic push is required.
• Inclusive Decision-Making: Technical and scientific organizations need to have a balanced mix of regional knowledge and representation.
• Funding Mechanism: Make sure the special fund is operationalized with contributions from developed nations that are specifically targeted.
• Integrated Ocean Governance: Addressing interrelated marine threats by bridging the governance of EEZs and the high seas.
• Monitoring & Transparency: Create online resources and worldwide dashboards to monitor EIA compliance and MPAs.

In summary:

One revolutionary instrument for ocean conservation worldwide is the BBNJ Treaty. However, its objectives will remain aspirational in the absence of strong political will, institutional design, and implementation that prioritizes equity. Half-measures are no longer an option for the oceans, which are already under stress.