The high seas and the international seabed area make up nearly two-thirds of the world’s oceans, forming a crucial part of the blue planet. Yet, for decades, their governance has remained fragmented and disjointed.
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), which came into force on Jan 17, marks an important milestone in global ocean governance.
As the third agreement under the United Nations Convention on the Law of the Sea, this landmark accord is the result of nearly two decades of negotiations among parties. It provides a new multilateral framework to address long-standing gaps in the governance of marine biodiversity in areas beyond national jurisdiction and upholds the international rule of law at sea. This demonstrates the importance of genuine multilateralism in ocean affairs.
Historically, the governance of the high seas and the international seabed area has been fragmented along sectoral lines. Different international regimes govern fisheries, deep-sea activities and shipping, each with its own mandate, responsibilities and standards. Key issues, such as the equitable sharing of benefits from marine genetic resources, biodiversity conservation and comprehensive environmental risk assessments, have long lacked a unified set of rules. This has led to a mismatch between the interconnected nature of marine ecosystems and the artificial boundaries separating different governance arrangements.
The BBNJ Agreement aims to address this by establishing four institutional pillars: benefit-sharing from marine genetic resources, area-based management tools, environmental impact assessments and capacity-building with technology transfer.
Notably, the BBNJ Agreement does not aim to replace existing international mechanisms. Rather, it serves as a complementary framework, providing channels for communication and coordination with parallel bodies such as regional fisheries management organizations, the International Seabed Authority and the International Maritime Organization.
This aims to shift ocean governance from a sector-by-sector model toward a more integrated ecosystem approach. In doing so, the agreement seeks to balance marine conservation with the sustainable use of resources while upholding fundamental UNCLOS principles such as the freedom of the high seas and the common heritage of humanity.
Though the BBNJ Agreement has come into force, much work remains to be done before it can be fully implemented. The first Conference of the Parties is scheduled for January 2027, and numerous practical issues still need to be resolved. These include detailed arrangements for benefit-sharing, technical standards for environmental impact assessments, financial mechanisms and rules governing subsidiary bodies.
Challenges such as the capacity gap between developed and developing countries, divergent interests and ensuring compatibility with existing rules pose real obstacles to the smooth implementation of the agreement. Its effectiveness depends on countries respecting the consensus reached, working together in good faith and translating the framework into concrete actions.
China has been deeply involved in the negotiations and remains a firm supporter of the multilateral rule of law at sea. Throughout the negotiations, China upheld UNCLOS as the foundation, balancing conservation and sustainable use and rejecting approaches based solely on excessive restrictions or unregulated exploitation. The country actively collaborated with other developing countries to address shared concerns, promote benefit-sharing and capacity-building provisions, and bridge the divide between the Global North and South. Through constructive mediation, it helped build consensus and resolve negotiating deadlocks.
China signed the BBNJ Agreement the day it opened for signature and promptly completed its domestic ratification, becoming one of the first parties to the agreement. These actions demonstrate the country’s concrete support for multilateral ocean governance.
Looking ahead, China will continue to implement the vision of a maritime community with a shared future. It will strengthen domestic arrangements for implementing the agreement, actively participate in negotiations on rules at meetings of the Conference of the Parties and its subsidiary bodies and promote constructive coordination between the BBNJ framework and existing ocean governance mechanisms.
Through the Blue Partnership framework, China will continuously advance joint marine scientific research, personnel training and cooperation in marine technology, translating the agreement’s commitments on capacity-building into practical projects. These efforts will help developing countries overcome the predicament of having rights on paper but lacking the capacity to exercise them.
The global ocean governance requires consultation, joint contribution and shared benefits. The value of the BBNJ Agreement lies in enriching the set of legal instruments for ocean governance built around UNCLOS. China stands ready to work with all parties to uphold multilateral consultation, consider the legitimate concerns of all sides inclusively, and ensure the smooth implementation of the agreement.
The author is a distinguished professor at Shanghai Maritime University and the former director of the China Institute for Marine Affairs. The views don’t necessarily reflect those of China Daily.
