Global Treaty on Marine Biodiversity Beyond National Jurisdiction to Enter into Force in January 2026

Client Alert  |  October 21, 2025

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The treaty has now reached 60 ratifications, triggering its entry into drive. Once it has entered into drive, this treaty will impression actions within the excessive seas and seabeds past States’ continental cabinets.

On 19 September 2025, the “Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction Agreement” (the BBNJ Agreement), adopted by the UN General Assembly in June 2023, reached 60 ratifications.  This triggers its entry into drive on 17 January 2026.  The BBNJ Agreement establishes a binding, worldwide governance framework geared toward safeguarding marine ecosystems and addressing threats posed by local weather change, air pollution and biodiversity loss.  The Agreement is an implementing settlement to the United Nations Convention on the Law of the Sea (UNCLOS), furthering States’ current commitments thereunder.

Although the BBNJ Agreement doesn’t instantly apply to company actors, State Parties’ implementation of the treaty could—for instance, the place an organization’s actions are topic to Environmental Impact Assessment (EIAs), and happen in ocean areas that are designated Marine Protected Areas (MPAs).

Objectives Of The BBNJ Agreement

The overarching goal of the BBNJ Agreement is to make sure the conservation and sustainable use of marine organic variety of “areas beyond national jurisdiction” (ABNJ).  This time period contains ocean areas past international locations’ 200-mile unique financial zones—known as the “high seas”—and the seabed past international locations’ continental cabinets.

The BBNJ Agreement is structured round 4 important subjects: (i) marine genetic sources (MGRs), together with the honest and equitable sharing of advantages; EIAs; (ii) geographically focused measures equivalent to area-based administration instruments (ABMTs), together with MPAs; (iii) EIAs; and (iv) capacity-building and the switch of marine know-how.

Institutional Bodies And A Financial Mechanism

The BBNJ Agreement units up institutional our bodies, together with a Conference of the Parties (the COP)—the common assembly of all State Parties which additionally serves because the BBNJ Agreement’s principal decision-making organ—in addition to varied subsidiary our bodies, a “Clearing-House Mechanism”, and a secretariat.  The first COP is predicted to be convened in the direction of the top of 2026.

The BBNJ Agreement additionally establishes a monetary mechanism to help its implementation, which can perform underneath the authority of the COP.  The monetary mechanism will comprise (i) a “voluntary trust fund”, to facilitate the participation of representatives of creating States in conferences; and (ii) a “special fund” and “Global Environment Facility trust fund” to fund capacity-building tasks, help conservation and undertake different actions determined by the COP, amongst different issues.

Key Provisions Of The BBNJ Agreement

(i) MGRs and Benefit-Sharing

The BBNJ Agreement establishes a benefit-sharing mechanism to make sure honest entry to MGRs of ABNJ, in addition to digital sequence info (DSI).  MGR means “any material of marine plant, animal, microbial or other origin containing functional units of heredity of actual or potential value”.  While DSI shouldn’t be outlined within the BBNJ Agreement, it refers to digitalized info of an MGR.

The BBNJ Agreement units out two classes of advantages: (i) financial, which means royalties from commercialization of a product, or different sorts of funds related to utilization of MGRs and DSI of ABNJ; and (ii) non-monetary, equivalent to knowledge and knowledge.

Monetary advantages have to be shared pretty and equitably by way of the Treaty’s monetary mechanism for the conservation and sustainable use of marine organic variety of ABNJ.  For non-monetary advantages, the BBNJ Agreement establishes a notification system associated to MGRs, requiring Parties to take the mandatory legislative, administrative and coverage measures to make sure that info is submitted to the Clearing House Mechanism—together with info previous to the gathering in situ of MGRs from ABNJ, and knowledge after the gathering.  Non-monetary advantages are additionally shared by way of the switch of know-how and capability constructing provisions, mentioned additional beneath.

The exact modalities of those advantages can be determined by the COP.

(ii) ABMTs, together with MPAs

The BBNJ Agreement creates a world mechanism for Parties to ascertain ABMTs—together with large-scale MPAs on the excessive seas.  This mechanism is designed to facilitate reaching the Kunming-Montreal Global Biodiversity Framework goal of defending 30% of the ocean by 2030 (see our earlier reporting, right here).

Under the BBNJ Agreement, Parties can individually or collectively suggest an MPA by submitting a proposal to the secretariat.  This triggers a session interval, which is open to States—together with States that aren’t signatories to the BBNJ Agreement—in addition to world, regional, subregional and sectoral our bodies, civil society, the scientific neighborhood, the non-public sector, Indigenous Peoples, and native communities.

Considering info from the stakeholder session (which can be made publicly obtainable by the secretariat), the “Scientific and Technical Body”—an professional panel elected by the COP to offer multidisciplinary recommendation to help the COP’s choices—evaluations the proposal and sends a suggestion to the COP.  If the COP decides to ascertain the MPA, it’s going to then undertake a “Management Plan”, which can embody particular measures for Parties to implement (for instance, the prohibition of mining actions or large-scale industrial fishing).  Any company actors working in MPAs would then be required to carry out actions in compliance with the MPA’s Management Plan.

(iii) EIAs

Under the BBNJ Agreement, there are two circumstances the place a Party should conduct an EIA—the place a deliberate exercise is in ABNJ or inside nationwide jurisdiction, and the place that exercise could trigger substantial air pollution of, or vital and dangerous adjustments to, the marine setting in ABNJ.  The EIA have to be carried out earlier than the deliberate exercise underneath a Party’s jurisdiction or management is permitted.

The BBNJ requires the next steps for the EIA course of: (i) screening; (ii) scoping; (iii) impression evaluation and analysis; (iv) prevention, mitigation, and administration of potential antagonistic results; (v) public notification and session; and (vi) preparation and publication of an EIA report.

When an EIA determines that the exercise could trigger substantial air pollution of, or vital and dangerous adjustments to, the marine setting, a State Party conducting the EIA underneath its nationwide processes should make related info obtainable by way of the Clearing-House Mechanism—an open-access, centralized platform managed by the secretariat.

A State Party can resolve to authorize the deliberate exercise solely after—taking into consideration mitigation or administration measures—the Party has decided that it has made all affordable efforts to make sure that the exercise could be carried out in a way in line with the prevention of great antagonistic impacts on the marine setting.

(iv) Capacity-Building and Transfer of Marine Technology

The BBNJ Agreement offers that Parties should, inside their capabilities, guarantee capacity-building for creating States Parties that want and request it for conservation and sustainable use associated to the Agreement.  Regarding the switch of marine know-how, State Parties are required to “cooperate to achieve” the switch of marine know-how.  Such switch, if it happens, is to be executed on honest and most beneficial phrases and on mutually agreed phrases and circumstances, and with due regard for all rights and bonafide pursuits of the know-how holders.

Dispute Settlement Procedure

Part IX of the BBNJ Agreement offers a mechanism for the settlement of disputes between State Parties arising underneath the BBNJ Agreement and incorporates the obligatory dispute decision procedures of Part XV of UNCLOS.  Where a State Party to the BBNJ Agreement shouldn’t be a celebration to UNCLOS, it has the choice to decide on, via a written declaration, settlement of disputes earlier than the International Tribunal for the Law of Sea, the International Court of Justice, or an Annex VII arbitral tribunal (an advert hoc arbitral tribunal composed of 5 members established underneath UNCLOS).  Where a dispute considerations a matter of a technical nature, the Parties to the dispute could refer the dispute to an advert hoc professional panel established by them.

Current Status Of Ratification And Implementation

States Parties are at totally different levels of the ratification technique of the BBNJ Agreement.  For instance, the UK signed the BBNJ Agreement in September 2023 however stays within the technique of ratifying the treaty.  The Government launched a “landmark bill” on 10 September 2025, which can present the authorized framework to allow the UK to fulfill its obligations underneath the BBNJ Agreement.[1]  After the invoice is handed within the UK, additional secondary laws can be required for ratification of the BBNJ Agreement.

Meanwhile, the European Union—which ratified the BBNJ Agreement in May 2025—is “already working on a fast implementation” and has launched a EUR 40 million dedication by way of its “Global Ocean Programme” to help creating nations in constructing readiness for the BBNJ Agreement’s necessities.[2]  France ratified the BBNJ Agreement in February 2025,[3] whereas Germany is within the technique of making ready home laws to take action.[4]

The United States signed the BBNJ Agreement in September 2023 however has but to ratify it.[5]

Observations

The BBNJ Agreement is a landmark worldwide treaty, which creates a complete authorized framework for the conservation of ABNJ.  As effectively as imposing new obligations on Parties to the Agreement, its implementation might also impression corporations and personal actors from a spread of sectors, together with within the following methods:

• The BBNJ Agreement could have an effect on the trajectory of deep-sea mining. While deep sea mining shouldn’t be explicitly referenced, the BBNJ Agreement emphasizes the “precautionary principle” strategy to human actions on the seabed, in addition to in sea water, which can immediate extra States to hitch requires an outright ban, moratorium or precautionary pause on deep-sea mining (see our earlier reporting, right here).  As we’ve got famous in one other earlier alert (see right here), the foundations and laws governing deep sea mining are but to be issued by the International Seabed Authority (which operates underneath UNCLOS), although the BBNJ Agreement offers clarification of the kind of EIAs that may have to be carried out.

• Companies and personal actors planning actions within the excessive seas equivalent to deep-sea mining, offshore power, transport and fishing could also be topic to strict EIA necessities underneath the BBNJ Agreement, together with public disclosure, and, doubtlessly, worldwide assessment of the proposed actions.

• Companies and personal actors which make the most of MGRs of their merchandise—such because the biotechnology, pharmaceutical, cosmetics, and agriculture sectors—could face new necessities for disclosure, in addition to benefit-sharing necessities.

• The creation of recent MPAs might restrict the sorts of operations that will happen in sure ocean areas—and even exclude sure actions altogether.

• States might also impose obligations on corporations and personal actors to switch know-how and help in capacity-building—notably corporations and personal actors with superior marine applied sciences—with the intention to help creating international locations’ participation in excessive seas actions.

In sum, corporations and personal actors working in or sourcing from ABNJ ought to carefully monitor the implementation of the BBNJ Agreement and commonly assess their compliance and danger publicity in an evolving regulatory panorama.

[1] See UK Government, Press Release, “UK introduces landmark legislation to protect world’s ocean”, 10 September 2025, obtainable at: https://www.gov.uk/government/news/uk-introduces-landmark-legislation-to-protect-worlds-ocean.

[2] See European Commission, Press Release, “Global ocean conservation treaty enters into force”, 20 September 2025, obtainable at https://ec.europa.eu/commission/presscorner/detail/da/ip_25_2151.

[3] See UN Permanent Mission of France, Ministry of Europe and Foreign Affairs Spokesman Statement, “France’s ratification of the UN agreement on marine biodiversity”, 5 February 2025, obtainable at

[4] See Ecologic Institute, Article “Implementing Legislation for the BBNJ Agreement”, July 2024, obtainable at:

[5] See The US Congress, C. Keating-Bitonti, “The Biodiversity Beyond National Jurisdiction Agreement (High Seas Treaty)”, 19 December 2024, obtainable at:

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The following Gibson Dunn legal professionals ready this replace: Charline Yim, Stephanie Collins, and Leo Métais.

Gibson Dunn’s legal professionals can be found to help in addressing any questions you could have relating to these points. Please contact the Gibson Dunn lawyer with whom you often work, the authors, or any chief or member of the agency’s Geopolitical Strategy & International Law or ESG: Risk, Litigation & Reporting observe teams:

Robert Spano – Co-Chair, ESG and Geopolitical Strategy & International Law Groups,
London/Paris (+33 1 56 43 13 00, rspano@gibsondunn.com)

Rahim Moloo – Co-Chair, Geopolitical Strategy & International Law and International Arbitration Groups, New York (+1 212.351.2413, rmoloo@gibsondunn.com)

Patrick W. Pearsall – Co-Chair, Geopolitical Strategy & International Law Group,
Washington, D.C. (+1 202.955.8516, ppearsall@gibsondunn.com)

Lindsey D. Schmidt – New York (+1 212.351.5395, lschmidt@gibsondunn.com)

Ceyda Knoebel – London (+44 20 7071 4243, cknoebel@gibsondunn.com)

Charline O. Yim – New York (+1 212.351.2316, cyim@gibsondunn.com)