On Friday 19 September 2025, the landmark agreement to protect areas of the ocean beyond national jurisdiction reached the required 60 ratifications, thus securing its entry into force.
After nearly two decades of negotiations and adoption in 2023, the threshold of 60 countries was reached on 19 September 2025 that will see the “BBNJ Agreement” or the “High Seas Treaty” enter into force on 17 January 2026. This international legally binding instrument under the United Nations Convention on the Law of the Sea relates to the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction.
The agreement is seen by the signatories as vital to support the 30x30 pledge made by countries at the UN biodiversity conference in December 2022, to protect a third of the sea (and land) by 2030 and provides a mechanism to protect areas of the high seas.
The agreement addresses:
- The conservation and sustainable use of marine BBNJ
- Marine genetic resources, including questions on benefit-sharing (MGR)
- Area Based Management Tools (ABMT), including marine protected areas
- Environmental impact assessments (EIA)
- Capacity-building and the transfer of marine technology (CB&TMT).
The approved text consolidates the role of the IMO in regulation of international shipping –and the stringent environmental, safety and security rules already applied to international shipping including the International Convention for the Prevention of Pollution by ships (MARPOL) and others. The agreement also includes text to confirm that it does not undermine relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies. Specifically, regarding Area Based Management Tools (ABMTs) the agreement promotes the adoption of relevant measures through such instruments, frameworks and bodies. Regarding environment impact assessments (EIAs) these would be assessed in accordance with the requirements of other relevant legal instruments or frameworks or by relevant global, regional, subregional or sectoral bodies.
What happens next?
A first Conference of Parties (COP) will happen within the next year and a secretariat for the agreement will also have to be set up and a location chosen to host it. Both Chile and Belgium have expressed interest.
While much of the agreement’s structure is being decided during UN Preparatory Commission meetings, which began in April, no decisions can be made until the first COP. In addition, there will be establishment of a scientific and technical body will advise on the COP on, for example on, the establishment of MPAs which should provide a route for BIMCO to provide input.
BIMCO has already begun the process of engaging our members in discussions on this topic supporting workshops related to both the Sargasso Sea and the Costal Rica Thermal Dome and will continue to represent and provide updates to members.
