BBNJ treaty comes into force

The High Seas Treaty, officially called the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, comes into force on 17 January 2026, marking a major milestone in global ocean governance.

About the BBNJ Agreement

• The BBNJ is a legally binding UN treaty aimed at conserving and sustainably using marine biodiversity in areas beyond national jurisdiction, namely:
  • The high seas
  • The international seabed area
• These areas together cover over two-thirds of the ocean’s surface and account for more than 90% of Earth’s living space by volume, as most life exists underwater.

Key Objectives

• To ensure that the high seas and international seabed are managed sustainably and equitably for the benefit of all humanity.
• To address governance gaps in ocean areas not controlled by any single country.

Major Provisions

• Marine Protected Areas (MPAs): Enables the creation of MPAs in the high seas for biodiversity conservation.
• Marine Genetic Resources (MGRs): Regulates access and benefit-sharing from genetic material found in international waters.
• Environmental Impact Assessments (EIAs): Mandates assessments of existing and future human activities affecting marine ecosystems.
• Capacity Building & Technology Transfer: Supports developing countries through training, funding, and access to marine technologies.
• Inclusive Ocean Governance: First legally binding ocean treaty to include provisions on:
  • Engagement of Indigenous Peoples and local communities
  • Gender balance in decision-making processes

Link with UNCLOS

• The BBNJ builds on the UN Convention on the Law of the Sea (UNCLOS), often referred to as the “constitution of the oceans”.
• UNCLOS has governed maritime rights, seabed exploitation, and marine protection since 1994.

Legal Status

• With its entry into force, the treaty becomes legally binding on 81 countries that have ratified it so far.
• These countries are obligated to implement its provisions through national laws and policies.

India’s Position

• India adopted the treaty in 2024, recognising its importance for global marine conservation.
• However, domestic legislation for ratification is still pending, delaying its legal enforceability within India.
• India is a major developing-economy exporter, with exports worth around USD 19 billion, making sustainable ocean governance strategically important.