High Seas Treaty (UNCLOS BBNJ Agreement)

The High Seas cover about half of our planet and account for two-thirds (64%) of the global ocean. Yet only about 1 percent of it is under protection.

The High Seas Treaty (hereinafter referred to as the BBNJ Agreement) is a once-in-a-generation opportunity dedicated to conserving marine biodiversity in areas beyond national jurisdiction. These vast ocean areas, which belong to no single country and are the responsibility of the international community, play a vital role in providing oxygen, supporting global food security, and regulating the climate through carbon sequestration. For the first time, the international community has agreed on a comprehensive global legal framework that addresses major gaps in ocean governance, including the establishment of marine protected areas (MPAs) on the High Seas, mandatory environmental impact assessments before harmful activities are authorised, the equitable sharing of benefits arising from marine genetic resources, as well as capacity-building and the transfer of marine technology.

A Treaty nearly two decades in the making

The road to the BBNJ Agreement was long and complex. In 2004, the General Assembly established an Ad Hoc Open-ended Informal Working Group (AOEWG) to study issues relating to the conservation and sustainable use of marine biological biodiversity in areas beyond national jurisdiction. By 2011, countries had agreed on the core structure that would shape the future Agreement, including the decisions to focus on marine genetic resources, including questions on the sharing of benefits, measures such as area-based management tools, including marine protected areas, environmental impact assessments, and capacity-building and the transfer of marine technology.

In 2015, the General Assembly established a Preparatory Committee to elaborate on the elements (see above), which culminated in the recommendation to the UN General Assembly to convene an intergovernmental conference (IGC) with a view of developing a High Seas Treaty.

In 2017, the General Assembly followed the advice of the Preparatory Committee and decided to convene an intergovernmental conference to formally commence the development of a High Seas Treaty. The General Assembly mandated four IGCs in total, which were held between 2018 and the first half of 2020.

From adoption to the entry into force of the BBNJ Agreement

After numerous postponements due to the COVID-19 pandemic and several rounds of resumed negotiations, the BBNJ Agreement was finally adopted on 19 June 2023 at the United Nations Headquarters in New York, after a fifth, resumed session (IGC-5).

Following the adoption, the focus shifted to ratification. Recognising the work ahead, the Preparatory Commission (PrepCom) was tasked with laying the institutional groundwork for the Agreement’s effective implementation. PrepCom I and II met in April and August 2025 in New York.

On 19 September 2025, against the backdrop of the 80th session of the UN General Assembly, the BBNJ Agreement reached the critical threshold of 60 ratifications, triggering a 120-day countdown to its entry into force. On 17 January 2026, the BBNJ Agreement officially entered into force: a landmark moment for ocean governance and the evidence that multilaterism can still deliver. A third and final PrepCom session followed in March 2026 at the UN Headquarters in New York, with the purpose of preparing recommendations for the first Conference of the Parties (COP1).

The work ahead: All eyes on the first Conference of the Parties (COP1) and implementation

With the Agreement now in force, the real work begins. However, many countries have yet to ratify the BBNJ Agreement, and global participation remains essential.

The entry into force marks the start of a new phase of responsible, conservation-oriented ocean governance. The PrepCom process has addressed the important institutional groundwork, but the true test lies in implementation and the tangible change it will bring to marine life. All eyes are now on the first meeting of the Conference of the Parties (COP1), which is the primary decision-making body responsible for overseeing implementation. Scheduled for January 2027, COP1 will be a pivotal moment, where States will take key decisions to translate the Agreement’s provisions into tangible protection for the High Seas.

OceanCare’s engagement in the BBNJ process

OceanCare actively followed the negotiations under the Intergovernmental Conference (IGC) from 2018 to 2023. Throughout this process, OceanCare has consistently advocated for globally binding standards for assessing and managing human activities that affect the High Seas, including mandatory environmental impact assessments, and an effective implementation and compliance mechanism — recognising that marine pollutants such as noise, plastics, and chemicals do not respect borders and can travel far beyond their point of origin.

Since the adoption of the Agreement, OceanCare has continued to underscore the potential of this Agreement and has called for the swift ratification of the Agreement, while consistently highlighting the importance of the Preparatory Commission (PrepCom) process. This process brought together States and stakeholders to lay the groundwork – including the details around the institutional arrangements – necessary for the Agreement’s effective implementation, as well as preparing recommendations for the first Conference of the Parties (COP1). OceanCare also participated in all three sessions of the Preparatory Commission (PrepCom), including the hosting of side-events on key issues of the Agreement, including on the operationalisation of the Clearing-House Mechanism.

OceanCare has also underlined the critical role of civil society in keeping the BBNJ process anchored in its core purpose: the protection of marine life. This requires voices in the room that consistently bring the focus back to the realities at sea, even as negotiations engage with complex political and geopolitical considerations. OceanCare will be at COP and will continue to actively engage with this process, as it has been at every step of this journey.