The BBNJ Agreement will enter into force in January 2026: what you should know – Foley Hoag

Report on the Agreement on Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ) and its Alignment with Sustainable Development Goals

Introduction and Entry into Force

The Agreement on Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ Agreement), also known as the High Seas Treaty, is scheduled to enter into force on 17 January 2026. This follows its ratification by the required number of states, with Morocco’s ratification on 19 September 2025 bringing the total to seventy-five parties, including the European Union. This landmark multilateral treaty, developed over two decades of negotiations, establishes a comprehensive legal framework for the conservation and sustainable use of marine biodiversity in the high seas and the deep seabed. The Agreement operates in conjunction with the UN Convention on the Law of the Sea (UNCLOS) and is a critical instrument for achieving the United Nations Sustainable Development Goals, particularly SDG 14 (Life Below Water).

Core Provisions of the BBNJ Agreement and Contribution to SDGs

The BBNJ Agreement is structured around four substantive pillars, each designed to advance global environmental governance and support the 2030 Agenda for Sustainable Development.

Marine Genetic Resources (MGRs): Fostering Innovation and Equitable Benefit-Sharing

The Agreement introduces a legal framework for activities concerning MGRs in areas beyond national jurisdiction, addressing a significant gap in international law. This directly supports SDG 14 by promoting the sustainable use of marine resources. Key provisions include:

• Common Heritage Principle: The Agreement mandates that activities related to MGRs must be conducted for the benefit of all humanity and exclusively for peaceful purposes, prohibiting any state from claiming sovereignty over these resources.
• Information Sharing: A centralized, open-access Clearing-House Mechanism will be established. States must notify this mechanism of activities, including the collection of genetic material. This transparency supports scientific cooperation and aligns with SDG 17 (Partnerships for the Goals).
• Benefit Sharing: An innovative system for both monetary and non-monetary benefit sharing is established. This ensures that the advantages derived from MGRs, which have significant potential in industries like pharmaceuticals and biotechnology, are shared equitably. This mechanism is a direct contribution to SDG 10 (Reduced Inequalities) and SDG 14.7 (Increase the economic benefits to Small Island developing States and least developed countries from the sustainable use of marine resources).
• State Obligations: Parties are required to implement national legislative and administrative measures to ensure private actors comply with notification and benefit-sharing requirements.

Area-Based Management Tools: Advancing Marine Conservation

A major innovation of the Agreement is the creation of a multilateral framework for establishing area-based management tools, including Marine Protected Areas (MPAs). This provision is fundamental to achieving SDG 14.5, which calls for the conservation of at least 10% of coastal and marine areas. The process for designating MPAs emphasizes collaboration among states, civil society, the scientific community, Indigenous Peoples, and the private sector, reinforcing the principles of SDG 17 (Partnerships for the Goals).

Environmental Impact Assessments (EIAs): Ensuring Sustainable Activities

The Agreement strengthens and standardizes the requirements for conducting EIAs for activities that may impact marine environments beyond national jurisdiction. This framework promotes responsible environmental stewardship, aligning with SDG 12 (Responsible Consumption and Production) and SDG 14.2 (Sustainably manage and protect marine and coastal ecosystems). The EIA process applies to:

1. Activities taking place in areas beyond national jurisdiction.
2. Activities within a state’s national jurisdiction that may cause substantial pollution or significant harmful changes to the marine environment in areas beyond national jurisdiction.

The specified EIA process involves screening, scoping, impact assessment, and the identification of mitigation measures. States Parties must ensure that EIAs conducted by private actors under their jurisdiction adhere to the Agreement’s procedures, which will necessitate the adoption or amendment of national legislation.

Capacity-Building and Technology Transfer: Strengthening Global Partnerships

The Agreement prioritizes capacity-building and the transfer of marine technology, particularly for developing states. This directly supports the implementation of SDG 14.a (Increase scientific knowledge, develop research capacity and transfer marine technology). A dedicated committee will monitor states’ compliance and facilitate the effective sharing of information and technology. Forms of support include:

• Sharing of data, knowledge, manuals, and guidelines.
• Development and strengthening of infrastructure.
• Enhancement of technical expertise.

Institutional and Financial Framework

Financial Mechanism

To support implementation, the Agreement establishes a financial mechanism that includes a voluntary trust fund for developing states and a mandatory fund. The mandatory fund will be financed through annual contributions from Parties and payments from the benefit-sharing system for MGRs, ensuring a sustainable financial basis for achieving the Agreement’s objectives.

Dispute Settlement and Advisory Opinions

The dispute settlement procedures mirror those of UNCLOS Part XV, allowing Parties to refer disputes to the International Tribunal for the Law of the Sea (ITLOS), the International Court of Justice, or an arbitral tribunal. Additionally, the Conference of the Parties (COP) is empowered to request advisory opinions from ITLOS on legal questions related to the Agreement, strengthening its institutional integrity.

Implementation and Future Outlook

Preparatory Commissions and the Role of the Conference of the Parties (COP)

Preparatory commissions were held in 2025 to lay the groundwork for the Agreement’s entry into force, focusing on procedural rules, the Clearing-House Mechanism, and financial arrangements. The first meeting of the COP, anticipated in 2026, will be critical for operationalizing the treaty. Key tasks for the COP include:

• Defining modalities for sharing monetary benefits from MGRs.
• Adopting operational modalities for the Clearing-House Mechanism.
• Establishing specific procedures for the identification of MPAs and further guidelines for EIAs.

Legislative Implications for State Parties

The BBNJ Agreement will require States Parties to enact new legislation or update existing regulations to align with its provisions, particularly concerning MGRs and EIAs. These national legal frameworks will subsequently define the rights and obligations of private actors conducting activities in or affecting areas beyond national jurisdiction, ensuring that commercial and scientific endeavors contribute positively to the global agenda for sustainable development.

Analysis of the BBNJ Agreement and its Connection to Sustainable Development Goals

1. Which SDGs are addressed or connected to the issues highlighted in the article?

• SDG 14: Life Below Water: This is the most central SDG, as the entire BBNJ Agreement is focused on the “conservation and sustainable use of marine biodiversity in the high seas and the deep seabed.” The article details mechanisms for protecting marine ecosystems, managing marine genetic resources, and preventing pollution.
• SDG 17: Partnerships for the Goals: The article highlights the multilateral nature of the BBNJ Agreement, emphasizing international cooperation. It describes mechanisms for capacity-building, technology transfer, and financial assistance, particularly for developing states, and calls for collaboration among states, civil society, the scientific community, and the private sector.
• SDG 16: Peace, Justice and Strong Institutions: The article describes the establishment of a new international legal framework (the BBNJ Agreement) to govern areas beyond national jurisdiction. It details the creation of new institutions and processes, such as the Conference of the Parties (COP), a Clearing-House Mechanism, and specific dispute-settlement procedures, which strengthen global governance.
• SDG 10: Reduced Inequalities: The agreement’s focus on the “equitable sharing of their benefits” from Marine Genetic Resources (MGRs) directly addresses inequality. The article mentions both monetary and non-monetary benefit sharing among all States Parties and establishes financial mechanisms to assist developing nations, aiming to ensure that the benefits of the high seas are for “all humanity.”

2. What specific targets under those SDGs can be identified based on the article’s content?

1. SDG 14: Life Below Water

   • Target 14.1: By 2025, prevent and significantly reduce marine pollution of all kinds. The article connects to this target through its detailed provisions for Environmental Impact Assessments (EIAs), which must be conducted for activities that “may cause substantial pollution of or significant and harmful changes to the marine environment.”
   • Target 14.2: By 2020, sustainably manage and protect marine and coastal ecosystems to avoid significant adverse impacts. The BBNJ Agreement provides a “multilateral framework for the establishment of area-based management tools, such as marine protected areas (‘MPAs’) in areas beyond national jurisdiction,” which is a direct mechanism for achieving this target.
   • Target 14.5: By 2020, conserve at least 10 per cent of coastal and marine areas, consistent with national and international law and based on the best available scientific information. The article’s discussion on creating a “detailed process to designate new MPAs in areas beyond national jurisdiction” directly contributes to increasing the global coverage of marine protected areas.
   • Target 14.a: Increase scientific knowledge, develop research capacity and transfer marine technology. The article explicitly details a section on “Capacity-Building and the Transfer of Marine Technology,” which includes “the sharing of data and knowledge” and “development and strengthening of infrastructure and technical expertise.” The Clearing-House Mechanism is also designed for “scientific cooperation.”
   • Target 14.c: Enhance the conservation and sustainable use of oceans and their resources by implementing international law as reflected in UNCLOS. The article states that the BBNJ Agreement is a “historic multilateral agreement” that “will work in harmony with the UN Convention on the Law of the Sea (‘UNCLOS’)” to create a comprehensive legal pact for the high seas.

2. SDG 17: Partnerships for the Goals

   • Target 17.6: Enhance North-South, South-South and triangular regional and international cooperation on and access to science, technology and innovation. The establishment of the “Clearing-House Mechanism,” described as a “centralized open-access platform that facilitates the exchange information and scientific cooperation,” directly supports this target.
   • Target 17.7: Promote the development, transfer, dissemination and diffusion of environmentally sound technologies to developing countries on favourable terms. The Agreement’s objective of “Capacity-building and the transfer of marine technology, in particular for the benefit of developing States,” aligns perfectly with this target.
   • Target 17.9: Enhance international support for implementing effective and targeted capacity-building in developing countries. The article describes the creation of a “capacity-building and transfer of marine technology committee” and a “financial mechanism providing financial assistance to States Parties for its implementation,” including a fund to facilitate participation from developing states.
   • Target 17.16: Enhance the global partnership for sustainable development, complemented by multi-stakeholder partnerships. The process for establishing MPAs, as described in the article, requires States to “collaborate with and consult all stakeholders, including not only other States, but also civil society, the scientific community, Indigenous Peoples and local communities, and the private sector.”

3. SDG 16: Peace, Justice and Strong Institutions

   • Target 16.8: Broaden and strengthen the participation of developing countries in the institutions of global governance. The BBNJ Agreement’s financial mechanism, which includes a “voluntary trust fund to facilitate the participation of developing States Parties,” is a direct measure to ensure their active involvement in the new governance framework for the high seas.
   • Target 16.b: Promote and enforce non-discriminatory laws and policies for sustainable development. The BBNJ Agreement itself is a new international law for sustainable development. The article notes that its provisions “will require States Parties to enact or update legislation and regulations” to ensure compliance and sustainable management of marine resources.

4. SDG 10: Reduced Inequalities

   • Target 10.b: Encourage official development assistance and financial flows… to States where the need is greatest, in particular least developed countries. The article mentions the establishment of a “financial mechanism providing financial assistance to States Parties for its implementation,” including a fund for developing states, which aligns with directing financial flows to where they are most needed. The “innovative system of monetary and non-monetary benefit sharing among all States Parties” also aims to reduce global inequalities in accessing marine resources.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

1. SDG 14: Life Below Water

   • Indicator for Target 14.2 & 14.5: The number and total geographic area of new Marine Protected Areas (MPAs) established in areas beyond national jurisdiction through the BBNJ Agreement’s process.
   • Indicator for Target 14.1: The number of Environmental Impact Assessments (EIAs) conducted for activities in or affecting the high seas, in accordance with the Agreement’s specified process.
   • Indicator for Target 14.a: The number of technology transfers and capacity-building programs implemented under the Agreement, particularly for developing states, as monitored by the “capacity-building and transfer of marine technology committee.”
   • Indicator for Target 14.c: The number of countries that have ratified the BBNJ Agreement. The article mentions it “has now seventy-five parties,” providing a baseline.

2. SDG 17: Partnerships for the Goals

   • Indicator for Target 17.6 & 17.7: The operational status and level of use of the Clearing-House Mechanism, measured by the volume of information shared (e.g., notifications on MGRs, EIA reports, scientific data).
   • Indicator for Target 17.9: The amount of financial resources mobilized and disbursed through the Agreement’s financial mechanism, including the voluntary trust fund and the mandatory fund for developing States Parties.

3. SDG 16: Peace, Justice and Strong Institutions

   • Indicator for Target 16.b: The number of States Parties that have enacted or updated national legislation and regulations to implement the BBNJ Agreement’s provisions on MGRs and EIAs.

4. SDG 10: Reduced Inequalities

   • Indicator for Target 10.b: The value of monetary benefits collected and shared through the benefit-sharing mechanism resulting from the use of MGRs. The article notes the COP will decide on modalities like “milestone payments, royalties, etc.”

4. Table of SDGs, Targets, and Indicators

Source: foleyhoag.com