The Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement), also known as the High Seas Treaty, entered into force on January 17, 2026. This milestone was triggered by the deposit of the 60th instrument of ratification on September 19, 2025, ushering in a new era for global ocean governance. Adopted on June 19, 2023, the BBNJ Agreement is considered the most significant addition to the international law of the sea since the 1982 UN Convention on the Law of the Sea (UNCLOS). It aims to fill critical regulatory gaps in protecting marine biodiversity in the high seas and the deep sea bed combined.
International efforts to govern marine ecosystems and biodiversity of areas beyond national jurisdiction (ABNT) began in the early 2000s. In response to scientific concerns over biodiversity loss and technological advances, the UN General Assembly established an Ad Hoc Open-ended Informal Working Group to study the issue in 2004. After years of exploratory discussions, formal negotiations started in 2018 under an Intergovernmental Conference (IGC). More than 160 states engaged in complex discussions covering marine genetic resources, benefit-sharing, marine protected areas, environmental impact assessments, and capacity-building. Reaching consensus was challenging due to differing interests between developed and developing nations. The Agreement was finally adopted by consensus in June 2023.
The BBNJ Agreement governs areas beyond national jurisdiction, encompassing about 61% of the ocean's surface. It rests on four main pillars:
1. Fair access to and benefit-sharing from marine genetic resources.
2. Establishing area-based management tools, including marine protected areas.
3. Conducting environmental impact assessments for high-seas activities.
4. Capacity-building and transfer of marine technology to developing states.
Globally, the Agreement represents a major step in multilateral ocean governance. It enhances legal certainty, promotes science-based management, and strengthens collective responsibility for conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, for the present and in the long term. For developing countries, it institutionalizes benefit-sharing and improves access to technology and capacity-building, thereby, contribute to their sustainable development goals.
Vietnam actively participated throughout the BBNJ negotiation process. As a developing coastal state reliant on marine resources, Vietnam consistently advocated for equitable and inclusive approaches aligned with UNCLOS. Vietnamese delegates stressed the need for fair and transparent benefit-sharing, especially for developing countries, and highlighted the crucial role of capacity-building and technology transfer.
Vietnam signed the Agreement on the first day and ratified it on June 9, 2025, becoming an early ratifier in Southeast Asia. The Agreement opens new cooperation opportunities, allowing Vietnam better access to scientific knowledge and technology for sustainable ocean management. With over 3,000 km of coastline and a marine-dependent economy, the Agreement holds strategic and practical importance for Vietnam. It will provide a clear legal framework to support Vietnam’s efforts in the conservation and sustainable use of marine biodiversity, ensuring fair and equitable sharing of benefits - both monetary and non- monetary - from marine genetic resources in areas beyond national jurisdiction. Besides, Vietnam will benefit from assistance in capacity building and technology transfer from developed countries which facilitate access to advanced marine technologies crucial for managing marine genetic resources and bolster Vietnam’s capabilities in marine science and conservation.
By ratifying early and engaging actively, Vietnam stands ready to contribute constructively to strengthen global ocean governance.
Department of Public International Law, Faculty of International Law, Hanoi Law University, Vietnam