High Seas Treaty of UN Reaches Entry into Force Threshold
- 26 Sep 2025
In News:
- The Biodiversity Beyond National Jurisdiction (BBNJ) Treaty, also known as the UN High Seas Treaty, has crossed the crucial threshold of 60 ratifications, enabling it to enter into force on January 17, 2026. With Morocco and Sierra Leone becoming the 60th and 61st ratifying nations, this milestone marks a historic step in the global conservation of marine biodiversity in international waters.
- So far, 143 countries, including India, have signed the treaty, reflecting strong international consensus on protecting marine ecosystems that lie beyond national boundaries.
About the BBNJ Treaty
- Full Name: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 (BBNJ).
- Parent Framework: Builds upon the UN Convention on the Law of the Sea (UNCLOS), adopted in 1982 and effective since 1994 — often called the “Constitution for the Oceans”.
- Geographical Scope: Applies to areas beyond 200 nautical miles from the Exclusive Economic Zones (EEZs) of coastal nations, commonly referred to as the high seas.
- Coverage: These high seas account for nearly two-thirds of the global ocean and cover over 70% of the Earth’s surface, yet currently, only 1.44% are under any form of protection.
Objectives and Key Provisions
The BBNJ Treaty seeks to conserve and sustainably use marine biodiversity in areas beyond national jurisdiction through legally binding measures. Its major provisions include:
- Creation of Marine Protected Areas (MPAs):
- Aims to designate and manage MPAs in international waters.
- Currently, 6.35% of the ocean is protected, with only 1.89% designated as no-take MPAs, where all extractive activities such as fishing, mining, and drilling are prohibited.
- This aligns with the Kunming-Montreal Global Biodiversity Framework target of protecting 30% of global land and sea areas by 2030 (30x30 goal).
- Equitable Sharing of Marine Genetic Resources (MGRs):
- Establishes mechanisms to ensure fair and equitable distribution of benefits derived from marine genetic resources — biological materials such as microorganisms, plants, and animals with applications in pharmaceuticals and biotechnology.
- Mandatory Environmental Impact Assessments (EIAs):Mandates EIAs for high-impact activities like deep-sea mining, carbon sequestration, and bioprospecting in international waters to mitigate potential ecological harm.
- Scientific Cooperation and Technology Transfer:Encourages capacity building, data sharing, and technology transfer to support developing nations in ocean research and sustainable marine resource management.
Process for the Treaty’s Entry into Force
- Condition: The BBNJ Treaty enters into force 120 days after the deposit of the 60th instrument of ratification, approval, or accession.
- Implementation Date: Given the 60th ratification milestone was achieved in September 2025, the treaty will legally come into effect on January 17, 2026.
- Next Steps:
- Preparatory Commission (PrepCom): Tasked with operationalizing the treaty by establishing scientific and technical bodies, expert qualifications, and procedural frameworks for reviewing MPA proposals.
- First Conference of Parties (COP1): Will convene post-entry into force to initiate formal implementation. Key agenda items include governance mechanisms, financial arrangements, and the Clearing-House Mechanism for information exchange.
India’s Role and Strategic Interests
- India’s Involvement:
- The Union Cabinet approved India’s signing of the BBNJ Treaty in July 2024.
- India is among the 143 signatories, signaling commitment to sustainable ocean governance.
- Strategic Significance for India:
- Enhanced Oceanic Presence: Expands India’s strategic and scientific footprint beyond its Exclusive Economic Zone (EEZ).
- Scientific Research: Facilitates participation in global marine research, access to marine genetic resources, and technological collaboration.
- Alignment with SDG-14: Advances India’s commitment to Sustainable Development Goal 14 – “Life Below Water”, which seeks to conserve and sustainably use ocean resources.
- Diplomatic and Environmental Leadership: Positions India as a responsible stakeholder in global commons management and strengthens its environmental diplomacy credentials.