High Seas (BBNJ) Treaty

Protecting the High Seas: A Landmark Agreement for Areas Beyond National Jurisdiction

The BBNJ Agreement — known in its longer form as the 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) — is a historic international treaty adopted under the United Nations in 2023.

Often referred to as the “High Seas Treaty,” it represents a breakthrough in global ocean governance, aimed at protecting biodiversity in the high seas, which cover nearly half of the planet’s surface but have long remained beyond effective international regulation.

The push for turning the Treaty into a legal, implementable reality gained decisive momentum during the Third UN Ocean Conference (UNOC3) in Nice, in June 2025, where a wave of new ratifications brought the total to 50. This surge culminated in September 2025, on the eve of the UN General Assembly’s High Level Week, when the 60-ratification threshold was officially surpassed. Following the mandated 120-day activation period, the Treaty entered into force on January 17, 2026, becoming a legally binding and enforceable framework for global ocean governance. 

For the first time ever, the global community has agreed on a binding legal framework to protect marine biodiversity in areas beyond national jurisdiction – nearly half of our planet’s surface.

The true impact will depend on more countries joining, ensuring the Treaty has global reach.

What does the BBNJ Agreement enable?

The Agreement establishes a new legal regime for:

Marine Protected Areas (MPAs)

Provides a framework for establishing and managing high seas MPAs to preserve marine biodiversity and support global targets, such as protecting 30% of the ocean by 2030.

Environmental Impact Assessments (EIAs)

Requires assessments before human activities can proceed in areas that may impact marine ecosystems beyond national borders.

Access and Benefit Sharing

Governs the use of marine genetic resources, ensuring fair and equitable sharing of benefits arising from their use.

Capacity Building and Marine Technology Transfer

Supports developing countries with resources, knowledge, and tools to participate fully in high seas conservation and research.

The High Seas Treaty will establish new institutions: the Conference of the Parties (COP), a Secretariat, an Information Exchange Mechanism (Clearing-House), a Scientific and Technical Body, an Implementation and Compliance Committee, an Access and Benefit-Sharing Committee, and a Finance Committee.

© Jordi Chias

The BBNJ Agreement is a historic step forward

It marks the first time countries have agreed to collectively safeguard the global commons of the ocean beyond national boundaries. With the high seas facing growing threats from human activities — including overfishing, pollution, deep-sea mining, and climate change — the Treaty offers a vital mechanism to reverse biodiversity loss and build ocean resilience for future generations.

Our work

Since 2019, Oceano Azul Foundation has been deeply committed to supporting the negotiation and adoption of the BBNJ Treaty, recognising its transformative potential for global ocean governance.

During the negotiating phase of the Treaty, the Foundation co-organised and hosted five expert workshops in Lisbon convening government negotiators, creating a neutral and collaborative space to advance dialogue and build consensus on some of the Treaty’s most complex and critical issues.

Following the adoption of the Treaty in 2023, we shifted our focus to accelerating ratification and implementation. Cooperation is key to achieving the 60 ratifications required by 2025, particularly by fostering partnerships and sharing resources between states, ensuring the support needed to ratify the Treaty.

Most recently, in collaboration with the Portuguese Ministry of Foreign Affairs, two workshops were organised for the Community of Portuguese Speaking Countries (CPLP) on the ratification and implementation of the High Seas Treaty, respectively in 2024 and 2025. Since the first workshop, 4 of the 9 CPLP member-states have ratified the Treaty – Portugal, Guinea-Bissau, Timor-Leste and Cape Verde. This initiative has been instrumental in fostering greater understanding and momentum for ratification within the CPLP community.

The Foundation is also actively participating in the Treaty’s Preparatory Commission meetings, ensuring “The Ocean’s Point of View” is incorporated into future Treaty modalities.

“The entry into force of the High Seas Treaty just over two years after its adoption is a historic step in the management and protection by humanity of an area that corresponds to almost half of our planet — the ocean beyond national jurisdictions. What should surprise us is not the creation of this treaty, but rather its absence until now; that we went through the construction of the paradigm of sustainable development at the Rio Summit more than 30 years ago and adopted several treaties on that occasion, leaving the high seas, which do not belong to any country, completely out of the picture. Without the ocean, we cannot address the planetary crises that affect the Earth.”

– Tiago Pitta e Cunha, CEO Oceano Azul Foundation

High Seas Alliance: A global movement 

Oceano Azul Foundation is officially a member of the High Seas Alliance — a coalition bringing together more than 70 Non-Governmental Organisations and the International Union for Conservation of Nature (IUCN). This global movement has played a crucial role in advancing the protection of the High Seas and has been instrumental in the process leading to the adoption and ratification of the High Seas Treaty.

For a clear and accessible overview of the Treaty, explore the High Seas Alliance Fact Sheetandvisit the Ratification Tracker to follow global ratifications.