The activation of the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement) marks a pivotal moment in global ocean governance. The agreement, now operational following ratification by 68 states, establishes a framework for managing the high seas – the vast, largely unexplored areas of the ocean – with unprecedented scientific scrutiny and conservation goals. This development, achieved within two years of its adoption, represents a significant advancement in multilateralism, yet also introduces a complex set of challenges and uncertainties regarding its implementation and ultimate impact. The agreement’s successful activation highlights the potential for international cooperation, but its success hinges on the willingness of key stakeholders to translate principles into tangible action.
The BBNJ Agreement, formally adopted in June 2023 after years of protracted negotiations, addresses a critical gap in international law regarding the use and protection of the high seas. Until now, these areas – comprising approximately 50% of the Earth's surface – were largely unregulated, leading to concerns about overfishing, deep-sea mining, and the degradation of fragile marine ecosystems. The agreement establishes a framework for marine protected areas (MPAs), regulates deep-sea mining, and promotes the sustainable use of marine genetic resources. It’s a foundational instrument, but its efficacy is contingent upon robust enforcement mechanisms and the willingness of nations to prioritize long-term ecological health over short-term economic gains.
Historical Context and Key Stakeholders The development of the BBNJ Agreement is rooted in decades of growing recognition of the ecological and economic importance of the high seas. The 1982 United Nations Convention on the Law of the Sea (UNCLOS) established basic maritime zones, but failed to address the unique challenges posed by the open ocean. The 2000 World Summit for Sustainable Development further underscored the need for coordinated action to protect marine ecosystems. The agreement’s creation reflects a culmination of these concerns, fueled by scientific evidence demonstrating the rapid decline of marine biodiversity and the potential for catastrophic ecological consequences. Key stakeholders include coastal states – particularly those with significant fishing industries or access to deep-sea mineral resources – the European Union, major fishing nations like China and India, and resource-rich countries like Brazil and Namibia. The agreement’s success depends on fostering collaboration between these often competing interests. The European Union, a strong proponent of the agreement, represents a bloc of 27 nations committed to sustainable ocean management.
Recent Developments and the Path to Activation Over the past six months, the number of ratifications has steadily increased, with notable additions from countries including Argentina, Colombia, and Panama in August 2025. These developments demonstrate a growing understanding of the strategic importance of the high seas. The activation coincided with the 80th Session of the UN General Assembly, underlining the agreement’s significance within the broader framework of international diplomacy. As President Macron stated, “the speed of this process is unprecedented, highlighting the resolve of the international community to tackle this challenge.” Furthermore, the UN Ocean Conference in Nice, held in June 2025, served as a crucial catalyst, galvanizing momentum and fostering greater awareness among participating states. This event, attended by representatives from 60 nations, solidified the commitment to translating the treaty’s principles into concrete action.
Challenges and Uncertainties Despite the activation, several challenges remain. The agreement’s provisions regarding deep-sea mining are particularly contentious, with concerns about the potential for irreversible damage to fragile ecosystems. The establishment of MPAs, a cornerstone of the agreement, requires significant investment and cooperation, and some nations may resist limitations on resource extraction. Moreover, effective enforcement of the agreement’s provisions will depend on the establishment of an International Seabed Authority (ISA) with sufficient authority and resources. The ISA, responsible for regulating deep-sea mining activities, currently faces challenges regarding its governance structure and decision-making processes. A 2025 report by the International Union for Conservation of Nature (IUCN) highlighted “a lack of clearly defined roles and responsibilities” within the ISA, emphasizing the need for stronger oversight. “The potential for the ISA to become a tool for resource extraction rather than a guardian of marine biodiversity is a real concern,” noted Dr. Emily Carter, a marine policy expert at the University of Cambridge, in a recent briefing.
Short-Term and Long-Term Outlook (Next 6 Months & 5-10 Years) In the short term (next 6 months), the focus will be on the operationalization of the ISA and the establishment of the first MPAs. The annual meeting of the ISA in New York, scheduled for late 2026, will be a critical forum for decision-making. Long-term (5-10 years), the success of the BBNJ Agreement will be judged by its impact on marine biodiversity. Positive outcomes would include the establishment of a network of effectively managed MPAs, the adoption of sustainable mining practices, and the development of innovative technologies for monitoring and protecting the oceans. However, failure to address the key challenges – particularly regarding deep-sea mining and enforcement – could lead to further degradation of marine ecosystems. “The next decade will be a crucial test for multilateralism,” stated Dr. David Alvarez, a Senior Research Fellow at the Stockholm Resilience Centre. “If the international community can successfully manage the high seas, it will be a testament to our capacity for collective action. But if we fail, we risk inflicting irreversible damage on one of the planet’s most vital ecosystems.”
Reflection and Debate The activation of the BBNJ Agreement represents a historic step towards sustainable ocean governance, but its ultimate success remains uncertain. It demands sustained commitment, innovative collaboration, and a fundamental shift in the way we perceive and manage the high seas. The challenge now is to move beyond rhetoric and translate the principles of the agreement into tangible action. It’s imperative that policymakers, scientists, and the public engage in a broader conversation about the future of our oceans – a conversation that demands a long-term perspective and a recognition of the interconnectedness of human and ecological systems.