New Delhi (ABC Live): The Agreement on Biodiversity Beyond National Jurisdiction (BBNJ Agreement), popularly called the High Seas Treaty, is the most significant development in international ocean law since UNCLOS (1982). Adopted in June 2023, it provides a legal framework for conserving and sustainably using marine biodiversity in the high seas—areas beyond national jurisdiction that cover two-thirds of the world’s oceans.

These waters, long seen as a “global commons,” face unprecedented threats from climate change, overfishing, pollution, and deep-sea mining. The BBNJ Agreement addresses long-standing governance gaps by establishing rules on marine genetic resources (MGRs), marine protected areas (MPAs), environmental impact assessments (EIAs), and benefit-sharing arrangements.

Why ABC Live is Publishing Now

September 2025 is a historic moment: the treaty has reached the 60-ratification threshold, triggering its entry into force on 17 January 2026. This means the High Seas Treaty will soon become legally binding on states that have ratified it. Yet, India has not ratified despite signing in September 2024 and setting up a drafting committee for a domestic law.

Publishing now allows ABC Live to highlight the gap between promises and action, assess India’s position, and evaluate what this treaty means for the Global South at a time when debates on deep-sea mining and climate-driven biodiversity loss are intensifying.

How This Report is Unique

• Performance Audit Lens: Goes beyond announcements to track adoption, ratification, and implementation gaps.
• Law + Policy + Science: Explains legal mandates under UNCLOS, policy implications for benefit-sharing, and scientific urgency of biodiversity protection.
• India & Global South Focus: Situates the treaty in India’s Blue Economy strategy, its legislative challenges, and the broader equity debate for developing nations.
• Forward-Looking: Outlines scenarios for implementation, including monitoring, technology transfer, and global governance impacts.

Key Provisions of the BBNJ Agreement

1. Marine Genetic Resources (MGRs): Access and equitable benefit-sharing mechanisms, including capacity-building for developing states.
2. Marine Protected Areas (MPAs): Legal tools to establish MPAs in biodiversity hotspots on the high seas.
3. Environmental Impact Assessments (EIAs): Obligations for EIAs in activities likely to harm high seas ecosystems.
4. Capacity Building and Technology Transfer: Funding and support for Global South states to enhance marine research.
5. Institutional Mechanisms: Establishment of a Conference of the Parties (COP) and a financial mechanism to ensure compliance.

Legal Mandate and UNCLOS Link

• The treaty is an implementing agreement under UNCLOS, complementing institutions like the International Seabed Authority (ISA) and IMO.
• It strengthens principles of the precautionary approach, ecosystem-based management, and the common heritage of humankind.

Data Analysis: Ocean Protection Gaps

• 80% of the ocean remains unexplored or poorly studied.
• As of 2024, MPAs cover only ~9% of global ocean area, but less than 1% of the high seas are “fully protected.”
• A median of just 7% of threatened species’ habitats overlap with MPAs, showing critical coverage gaps.
• 93,106 species have been documented in MPAs, yet protection is uneven, leaving many ecosystems vulnerable.

This data underscores the urgency: without effective BBNJ implementation, high seas biodiversity will continue to erode.

Ratification Progress

• 143 countries signed the treaty between September 2023–2025.
• 60 states ratified by 19 September 2025, with Morocco as the 60th, triggering entry into force on 17 January 2026.
• Ratifiers include the EU and many of its member states, island nations, and Global South countries.
• Major powers like the United States, China, India, Japan, Russia, and the UK have signed but not yet ratified.

India’s Position

• Signed: India signed the treaty on 25 September 2024.
• Not ratified: India has delayed ratification pending domestic legal alignment.
• Steps taken: In September 2025, the Ministry of Earth Sciences formed a 12-member drafting committee, chaired by Sr. Adv. Sanjay Upadhyay, to craft a national law to implement treaty obligations.
• Statements: At the UN Ocean Conference (Nice, June 2025), India pledged to “ratify early” but emphasised the need for domestic legal preparedness.
• Challenges: Aligning with the Biological Diversity Act, the Environment Protection Act, and ensuring institutional readiness.

Challenges Ahead

• Ratification Gaps: Without universal ratification, enforcement risks loopholes.
• Monitoring & Compliance: Policing remote high seas is expensive and technologically demanding.
• Overlap with Other Institutions: Coordination with IMO, ISA, and regional fisheries bodies remains unclear.
• Funding: Initial GEF funding ($34m) is insufficient for global needs.

Implications for India and the Global South

• Opportunity to leverage the treaty for equitable benefit-sharing of marine genetic resources.
• Access to marine technology transfer and capacity-building funds.
• A chance to align BBNJ with India’s Blue Economy and climate diplomacy goals.
• But a delay in ratification risks limiting India’s influence in shaping treaty institutions and policies.

Conclusion

The BBNJ Agreement is a once-in-a-generation opportunity to protect the global commons. With the treaty set to enter into force in January 2026, the focus now shifts from promises to implementation.

For India, the challenge is to balance sovereign economic interests with its role as a responsible ocean steward. The longer ratification is delayed, the greater the risk of losing leadership in global ocean governance.

Sources

• UN Treaty Collection – BBNJ (XXI-10)
• High Seas Alliance – Ratification Tracker
• Indian Express – India drafting High Seas law (Sept 2025)
• Times of India – India “in process of ratifying” (June 2025)
• GEF – Press Release on BBNJ Funding

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