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Research Paper

Governing the High Seas: The BBNJ Agreement on the Road to Its First Conference of the Parties

MER/26/D10 · Meridian Research Team ·

Governing the High Seas: The BBNJ Agreement on the Road to Its First Conference of the Parties

The Agreement on Marine Biological Diversity of Areas beyond National Jurisdiction (the BBNJ Agreement, often called the High Seas Treaty) entered into force on 17 January 2026. Its first Conference of the Parties (COP1) meets at United Nations Headquarters in New York on 11–22 January 2027. According to the UN depositary, 104 Parties had joined by 29 October 2026, but several major maritime and economic powers remain outside. This paper sets out the treaty's reach, the pace of ratification, the decisions awaiting COP1 and the questions that will shape whether the treaty works in practice.

Key points

  • The BBNJ Agreement covers the high seas and the international seabed area, which together make up more than two-thirds of the ocean's surface [1; 2; 3].
  • As at 29 October 2026, the agreement had 145 signatories and 104 Parties, 103 States and the European Union (EU), according to the UN Treaty Collection [4].
  • Of the 19 country members of the Group of Twenty (G20), 12 are Parties; Argentina, India, Italy, South Africa and the United States have signed but not ratified, and Russia and Saudi Arabia have done neither (Meridian count from depositary data) [4].
  • States must deposit their instruments by 12 December 2026 to take part in COP1 as Parties from its opening [5].
  • COP1 must adopt, by consensus, its rules of procedure and financial rules; the Preparatory Commission left key questions open, including the form and seat of the secretariat, for which Belgium, Chile and China have made offers [1; 6; 8].

1. The problem

Areas beyond national jurisdiction are defined in the agreement as "the high seas and the Area", the seabed beyond national limits [1]. The UN Secretary-General described the agreement as the first legal framework for conserving and sustainably using marine biodiversity in "the two thirds of the ocean that lie beyond national borders" [2]. UN News reports that these areas account for over 90% of Earth's habitat by volume [3].

The Secretary-General said the agreement "fills a critical governance gap" at a time of climate change, biodiversity loss and pollution [2]. The agreement, adopted on 19 June 2023, is the third implementing agreement under the United Nations Convention on the Law of the Sea [9]. It sets binding rules on four subjects: the sharing of benefits from marine genetic resources, area-based management tools including marine protected areas, environmental impact assessments, and capacity-building and the transfer of marine technology [2].

The question now is whether a treaty that is legally in force can become operational: who joins, how decisions will be taken and how the system will be funded.

2. The evidence

From signature to entry into force. The agreement was open for signature from 20 September 2023 to 20 September 2025 [9]. Under its article 68, it entered into force 120 days after the deposit of the sixtieth instrument of ratification, approval, acceptance or accession; for later Parties it enters into force on the thirtieth day after their deposit [1]. Depositary records show the sixtieth instrument was deposited on 19 September 2025, and the agreement entered into force on 17 January 2026 [4; 9].

The pace of ratification. Meridian's count of the dates recorded by the UN Treaty Collection shows 15 instruments deposited by the end of 2024, 66 during 2025 and 23 so far in 2026 [4]. Momentum was strongest in 2025, when the treaty was approaching its entry-into-force threshold, and has slowed since. The 2026 joiners include the United Kingdom (10 July), Germany (22 September), Australia and Canada (both 23 September), Türkiye (16 January) and, by accession, Qatar (14 January) [4]. China ratified on 15 December 2025, Brazil on 16 December 2025, and Japan acceded on 12 December 2025 [4].

BBNJ Agreement: instruments deposited (cumulative)31 Dec 20241530 Jun 20255130 Sep 20257431 Dec 20258117 Jan 20268430 Jun 20269030 Sep 202610129 Oct 2026104
Figure 1. Cumulative number of instruments of ratification, approval, acceptance or accession deposited with the UN Secretary-General, at selected dates. The agreement entered into force on 17 January 2026 (highlighted), 120 days after the sixtieth deposit on 19 September 2025. Source: Meridian count from the UN Treaty Collection, Chapter XXI.10, status as at 29 October 2026 [4].

Who is outside. Of the 145 signatories, 46 have not yet ratified [4]. Among the five permanent members of the UN Security Council, China, France and the United Kingdom are Parties, the United States has signed but not ratified, and Russia has neither signed nor joined [3; 4]. Among the G20 country members, Argentina, India, Italy and South Africa have signed but not ratified, and Saudi Arabia has neither signed nor joined [4]. Several Gulf states, including Bahrain, Kuwait and Oman, are not listed as participants [4].

What COP1 must decide. Under article 47(4), the Conference of the Parties must adopt by consensus at its first meeting its rules of procedure and the financial rules governing its funding and that of the secretariat and any subsidiary bodies [1]. The Preparatory Commission, which held its third session from 23 March to 2 April 2026, recommended ten sets of draft texts, contained in annexes I to X of its report, for consideration at COP1 [6; 7], including draft rules of procedure, draft financial rules, a draft memorandum of understanding with the Global Environment Facility (GEF), draft decisions on the special fund and on cooperation with other bodies, and draft terms of reference for a voluntary trust fund [6]. Several States placed reservations or statements on the record when the report was adopted [6]. The Commission also asked the Secretary-General to propose arrangements for UN administrative support to the secretariat, without prejudice to COP1's decision on its relationship with the UN [6].

According to the High Seas Alliance, a coalition of non-governmental organisations, the issues left open include how observers are admitted, the modalities of the finance committee, whether members of the subsidiary bodies can be elected at COP1 rather than at a later meeting, and whether the secretariat is linked to the UN or fully independent [8]. Belgium, Chile and China have offered to host the secretariat [6; 8].

Money. The agreement's funding mechanism comprises a voluntary trust fund, a special fund and the GEF trust fund [1]. Under article 14(6), once the agreement is in force, developed Parties are to pay annual contributions to the special fund at a rate of 50% of their assessed contribution to the budget adopted by the Conference of the Parties [1].

Timetable. The Secretariat's note for participants confirms that COP1 will be held on 11–22 January 2027 [5]. A State or regional organisation that deposits its instrument on or before 12 December 2026 may participate as a Party from the opening; one that deposits later, but at least 30 days before the meeting closes, may participate as a Party from the date the agreement enters into force for it [5].

3. Analysis

The following assessments are Meridian analysis based on the evidence above.

First, membership is broad but uneven. A total of 104 Parties within nine months of entry into force [4] is a strong start for a UN treaty. But the absence of the United States, Russia, India and other G20 members [4] means that decisions taken under the agreement will initially bind only part of the international community, and that some of the most significant ocean users will be outside the conference room.

Second, the design of decision-making will matter more than the headline count. Decisions on area-based management tools such as marine protected areas are taken by consensus where possible and otherwise by a three-fourths majority, after a two-thirds vote that consensus efforts have been exhausted [1]. Any Party may object within 120 days, in which case the decision does not bind it [1]. This opt-out protects sovereignty but may weaken protection in practice if major users object.

Third, COP1 is a procedural test with political stakes. Because rules of procedure and financial rules must be adopted by consensus [1], a single delegation can delay them. Disagreements over observers and the secretariat [6; 8] may therefore determine whether the treaty's substantive work, including the first proposals for high-seas protected areas, can begin in 2027 or slips to a second meeting.

Fourth, finance will test the North–South bargain. The special fund contributions of developed Parties [1] and the voluntary trust fund that supports developing-country participation [6] are central to the agreement's promise of equity. How quickly they are filled will signal whether the benefit-sharing and capacity-building commitments are credible.

4. Assessment

  • The BBNJ Agreement moved from adoption to entry into force in under three years, but it is not yet a working institution [4; 5; 9].
  • COP1 in January 2027 will decide whether the agreement can start delivering protected areas and benefit-sharing, or whether procedural disputes delay its operation [1; 6; 8].
  • The treaty's authority will depend on whether the remaining major maritime States join, and on whether Parties use the objection procedure sparingly.
  • Indicators to watch: deposits before the 12 December 2026 deadline; the Secretary-General's proposal on administrative arrangements; agreement on the seat of the secretariat; and the first proposals for high-seas marine protected areas.

References

  1. United Nations, 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, New York, 19 June 2023 (English text). https://www.un.org/bbnjagreement/sites/default/files/2024-08/Text%20of%20the%20Agreement%20in%20English.pdf (accessed 30 October 2026).
  2. United Nations, "Entry into Force of Marine Biodiversity Treaty 'Historic Achievement for People and Planet', Secretary-General Says in Message", SG/SM/22986, 17 January 2026. https://press.un.org/en/2026/sgsm22986.doc.htm (accessed 30 October 2026).
  3. UN News, "Game-changing international ocean treaty comes into force", 15 January 2026. https://news.un.org/en/story/2026/01/1166762 (accessed 30 October 2026).
  4. United Nations Treaty Collection, Chapter XXI.10, status of the Agreement (status as at 29 October 2026). https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXI-10&chapter=21&clang=_en (accessed 30 October 2026).
  5. Secretariat, "Information for participants", first meeting of the Conference of the Parties to the BBNJ Agreement, advance unedited version, 16 October 2026. https://www.un.org/bbnjagreement/sites/default/files/2026-10/BBNJCop1InfoForParticipantsAdvanceUnedited.pdf (accessed 30 October 2026).
  6. United Nations, Report of the Preparatory Commission for the Entry into Force of the Agreement and the Convening of the First Meeting of the Conference of the Parties, A/AC.296/2026/9, 4 May 2026. https://docs.un.org/a/ac.296/2026/9 (accessed 30 October 2026).
  7. United Nations, BBNJ Agreement, "Conference of the Parties: background". https://www.un.org/bbnjagreement/en/COP/background (accessed 30 October 2026).
  8. High Seas Alliance, "BBNJ PrepCom 3: Inside the Negotiations", 16 April 2026. https://highseasalliance.org/2026/04/16/bbnj-prepcom-3-inside-the-negotiations/ (accessed 30 October 2026).
  9. United Nations, BBNJ Agreement website, "The Agreement". https://www.un.org/bbnjagreement/en (accessed 30 October 2026).