High Seas Treaty

Biodiversity of Areas Beyond National Jurisdiction Treaty

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
Type	International legally binding instrument
Drafted	4 March 2023
Signed	20 September 2023
Location	New York
Condition	Ratification by 60 states
Signatories	90 countries [1]
Parties	4

The United Nations Biodiversity of Areas Beyond National Jurisdiction Treaty or BBNJ Treaty, also referred to by some stakeholders as the High Seas Treaty, is a legally binding instrument for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction.^[2] There is some controversy over the popularized name of the agreement.^[3] It is an agreement under the United Nations Convention on the Law of the Sea (UNCLOS).^[4] The text was finalised during an intergovernmental conference at the UN on 4 March 2023 and adopted on 19 June 2023.^[5] Both states and regional economic integration organizations can become parties to the treaty.^[6]

The treaty addresses four themes:^[7][8] (1) marine genetic resources (MGRs) and their Digital sequence information, including the fair and equitable sharing of benefits; (2) area-based management tools (ABMTs), including marine protected areas (MPAs); (3) environmental impact assessments (EIAs); and (4) capacity building and transfer of marine technology (CB&TMT). The area-based management tools and environmental impact assessments relate mainly to conservation and sustainable use of marine biodiversity, while the marine genetic resources and capacity building and transfer of marine technology include issues of economic justice and equity.^[9]

Greenpeace called it "the biggest conservation victory ever".^[10] The main achievement is the new possibility to create marine protected areas in international waters. By doing so the agreement now makes it possible to protect 30% of the oceans by 2030 (part of the 30 by 30 target).^[11][10] Though the agreement does not directly address climate change, it also serves as a step towards protecting the ecosystems that store carbon in sediments.^[12]

The treaty has 75 articles and its main purpose is "to take stewardship of the world’s oceans for present and future generations, care for and protect the marine environment and ensure its responsible use, maintain the integrity of undersea ecosystems and conserve marine biological diversity’s inherent value". The treaty recognizes traditional knowledge. It has articles regarding the "polluter-pays" principle, and different impacts of human activities including areas beyond the national jurisdiction of the countries making those activities. The agreement was adopted by the 193 United Nations Member States.^[13]

Before the treaty can enter into force, it needs to be ratified by at least 60 UN member states. This process is likely to take some time. The former treaty, UNCLOS, was adopted in 1982 and entered into force in 1994. In 2023, UNCLOS is ratified by 167 states and the European Union; however, some states have yet to sign and ratify it.^[14]