On June 19, 2023, after nearly two decades of negotiations, the United Nations adopted the BBNJ Agreement, which aims to protect marine biodiversity in the high seas. The official name of the treaty is 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. The Agreement marks a significant shift in high seas governance by mandating Environmental Impact Assessments (EIAs) in ABNJ and establishing procedures to designate Marine Protected Areas (MPAs) through global decision-making processes.
For the Agreement to enter into force, at least 60 ratifications are required. The international community, including the European Union and civil society organizations, aims to achieve this milestone by the time of the UN Ocean Conference, scheduled for June 2025 in France. On March 19, 2025, the Republic of Korea formally deposited its instrument of ratification, becoming the first country in East Asia to do so, following recent ratifications by key EU member states such as France and Spain. As of April 2025, 21 countries, including Korea, have completed the ratification process.
Once the Agreement enters into force, the first Conference of the Parties (CoP) will be convened. This meeting will address key implementation issues, including unresolved elements from the negotiation phase. Central topics will include the structure and operations of subsidiary bodies, the development of financial mechanisms, and other matters critical to implementation, issues likely to involve complex negotiations influenced by national interests and technical considerations. To ensure systematic preparation for this phase, the UN has decided to hold three sessions of the Preparatory Commission from 2025 to 2026.
According to available UN documentation, discussions within the Preparatory Commission will focus on three thematic areas: governance, finance, and the clearing house mechanism. Governance-related topics will include the rules of procedure for the CoP, the Scientific and Technical Body, and cooperation with other international institutions. On finance, the development of institutional frameworks for funding will take center stage. The clearing house mechanism, which underpins transparency and compliance, will also be addressed through technical and procedural deliberations.
The international community views the BBNJ Agreement as the product of broad multilateral consensus, underpinned by strong political will for swift implementation. Both the Preparatory Commission and the first CoP are considered pivotal not only for shaping the operational structure and rules but also for influencing the evolving political dynamics among States Parties. Active engagement is thus seen as essential to securing influence within the emerging governance framework. As the first East Asian country to ratify the Agreement, Korea is positioned to shape regional discourse and decisions through its policy stances and diplomatic leadership. As the Agreement transitions into its implementation phase, Korea’s contributions and leadership are expected to ensure that the core objectives of the treaty are fully reflected and upheld.
*Key Substantive Issues of the BBNJ Agreement
Negotiations on the BBNJ Agreement were centered around four key issue areas, which were closely interlinked and addressed from an integrated perspective:
Marine Genetic Resources (MGRs)
This issue concerns access to and utilization of genetic resources derived from marine organisms. It also emphasizes the fair and equitable sharing of benefits arising from their access and use, with attention to transparency.
Area-Based Management Tools (ABMTs), including Marine Protected Areas (MPAs)
ABMTs aim to protect and manage geographically defined marine areas. The Agreement seeks to establish a more systematic process for the designation and management of such areas in the high seas.
Environmental Impact Assessments (EIAs)
BBNJ promotes harmonized procedures for conducting EIAs in the high seas to assess and mitigate adverse effects of human activities on the marine environment.
Capacity Building and the Transfer of Marine Technology (CBTMT)
This issue focuses on supporting developing countries in the implementation of the Agreement and promoting equity by enhancing their capacities.
In addition to these four pillars, cross-cutting issues have also been addressed, including the establishment of subsidiary bodies required for the implementation of the BBNJ framework.