In 2023, after nearly twenty years of discussion and negotiation, the BBNJ Agreement was adopted to protect and conserve the high seas. The most recent ratification from South Korea in March 2025 represents a significant milestone as the treaty has now passed the one-third mark toward the 60 ratific
As South Korea becomes the 21st nation to ratify, opens in a new window, we examine the current status and potential of the BBNJ treaty, and the necessary steps to bring it into force in 2025.
On 19 June 2023, after nearly twenty years of discussion and negotiation, 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, opens in a new window (BBNJ Agreement) was adopted. The most recent ratification from South Korea on 19 March 2025 represents a significant milestone as the treaty has now passed the one-third mark toward the 60 ratifications needed for entry into force.
The UN General Assembly formally decided in resolution 69/292 , opens in a new windowof June 2015 to develop an international legally binding instrument under the United Nations Convention on the Law of the Sea, opens in a new window (UNCLOS) specifically focused on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction.
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 (BBNJ Agreement) , opens in a new windowis the third implementing agreement of the UNCLOS, and represents a landmark achievement in improving access and equity in terms of high seas conservation.
By establishing a comprehensive governance framework for the 64% of oceans beyond national jurisdiction, the Agreement addresses a critical gap in international law that has historically resulted, opens in a new window in unregulated exploitation of high seas resources primarily by wealthy nations.
The significance of the BBNJ Agreement lies in balancing conservation with equity through innovative mechanisms that ensure developing countries can meaningfully participate in marine genetic resources benefits, marine protected area designation, and scientific capacity building. The Agreement's provisions for technology transfer, scientific cooperation, and equitable access to marine genetic resources challenge the historical paradigm where conservation benefits and resource utilisation predominantly favored developed countries with advanced technological capabilities.
The BBNJ Agreement transforms high seas governance from a system of limited access to one that recognises the collective responsibility and shared benefits of ocean conservation across all nations regardless of economic or technological status.
Following ratification by the Republic of Korea, there are 21 countries, opens in a new window that have ratified the Agreement.
Once 60 countries ratify the BBNJ Agreement, it will “enter into force” or come into effect and be legally binding 120 days later. You can track progress on ratification here using the High Seas Alliance Treaty Ratification Tracker.
Several major maritime nations and large economies, however, have yet to ratify, highlighting the need for continued engagement to encourage wider participation.
Based on the current status of ratifications, it's difficult to provide a precise timeline for when the BBNJ Agreement will enter into force.
The ratification pace for international environmental agreements varies significantly - some treaties like the Paris Agreement achieved rapid ratification (entering into force in less than a year), while others like the Nagoya Protocol took approximately four years to gather sufficient ratifications. However 112 countries have already signed the BBNJ Agreement in just two years, which is the first critical step towards ratification
Signature of an international agreement or treaty signals preliminary endorsement without creating binding obligations. It kicks off the critical phase of ratification, which requires a domestic approval process according to national constitutional requirements, which typically involves executive review, legislative approval, and potentially judicial or public consultation. Once domestic approval is secured, the state formally deposits an instrument of ratification with the designated depositary (the UN Secretary-General).
With 112 countries having signed the Agreement and 21 ratifications completed, 91 signatories are currently following their domestic ratification processes. If the European Union's 27 member states complete their ratifications (bringing the total ratifications to 48), the Agreement would approach the 60-country threshold required for entry into force.
We are also still waiting for Australia to ratify. Australia was one of the earliest signatures, signing the Agreement on 20 September 2023, opens in a new window. In terms of domestic processes, opens in a new window, the power to enter into treaties is an executive power within Section 61 of the Australian Constitution and, accordingly, is the formal responsibility of the Executive.The treaty-making process requires all treaty actions proposed by the Executive to be tabled in Parliament, along with a National Interest Assessment (NIA). Although the Constitution does not confer on the Parliament any formal role in treaty making, all treaties (except those the government decided are urgent or sensitive) are tabled in both Houses of Parliament for at least 15 to 20 sitting days prior to binding treaty action being taken. The treaty text, NIA, and associated documents will also be published, and the public is able to make comments on the proposed treaty action. The Joint Standing Committee on Treaties (JSCOT) also undertakes a review and reports to Parliament.
2025 presents several important opportunities to advance the BBNJ Agreement during the signature period, which remains open until 20 September 2025.
Two sessions are scheduled for 14-25 April and 18-29 August 2025. Established by UN General Assembly resolution 78/272, opens in a new window, the PrepCom will develop the operational framework for the Agreement to ensure it can function effectively upon entry into force. These meetings are critical for addressing operational aspects such as rules of procedure, financial arrangements, and institutional structures, giving potential signatories confidence in the Agreement's implementation mechanisms.
The 10th Our Ocean Conference, opens in a new window will be hosted by the Republic of Korea in Busan from 28-30 April 2025. Since its inception in 2014, the OOC has served as a platform for convening global leaders to make voluntary commitments and advance progress on critical ocean issues. As a key international ocean governance forum occurring shortly after the first PrepCom meeting, the 2025 OOC presents a strategic opportunity for countries to announce new BBNJ ratifications and demonstrate political commitment to high seas conservation.
The high-level Third UN Ocean Conference, opens in a new window (UNOC) will be held in Nice, France, from 9-13 June 2025, under the theme "Accelerating action and mobilizing all actors to conserve and sustainably use the ocean." As UNOC focuses on implementing SDG 14 (Life Below Water), the BBNJ Agreement is particularly relevant—it provides the legal framework needed to protect marine biodiversity in the high seas and achieve the 30% ocean protection target by 2030. The Conference has been recognised as an opportune moment for countries to announce ratifications, potentially marking the Agreement's entry into force. Alongside UNOC, the Blue Economy and Finance Forum, opens in a new window and One Ocean Science Congress, opens in a new window will address sustainable ocean governance, financing mechanisms, and ecosystem approaches to marine conservation—all critical components for effective BBNJ implementation.
Together, these events create multiple pathways for advancing BBNJ ratification and building momentum toward the 60-country threshold.
To reach the threshold of 60 ratifications and ensure effective implementation, coordinated action across various stakeholders will be necessary. The BBNJ Agreement represents an important tool to address challenges facing biodiversity in the global ocean commons. Its effectiveness depends not only on reaching the threshold for entry into force but also on developing appropriate institutional arrangements and securing adequate financing for implementation.
Each ratification brings the international community closer to a more coordinated framework for managing shared ocean resources.
Current status of ratification (25 March 2025):