Understanding the UN biodiversity treaty: How it aims to protect 30% of the world’s oceans by 2030

The treaty on protecting the high seas from the United Nations, which has been eagerly anticipated, has finally come into effect, with this development signifying a landmark change concerning the protection of international waters. Now, under this treaty, countries have a legal tool with which they can conserve marine life around the globe that is outside national jurisdiction and accounts for almost two-thirds of the Earth’s oceans. This treaty is considered a landmark document on preserving biodiversity with a target to protect 30 percent of the Earth’s oceans by 2030.

The high seas are the areas of the ocean that exist outside the 200 nautical mile bounds of the exclusive economic zones of the countries that have a coastline. The high seas are not controlled by the governments of countries, although they have a crucial influence on the regulation of climate patterns on the planet, the marine food web, and the global fish populations. The high seas have for a long time existed in a state of a climate regulation void.

What is the UN Biodiversity Beyond National Jurisdiction treaty

Formally known as the Biodiversity Beyond National Jurisdiction treaty, or BBNJ, the agreement is the first international treaty specifically designed to protect biodiversity in the high seas. Finalised in March 2023 after more than 15 years of negotiations, it fills a major gap in international ocean governance by establishing clear rules for conservation, sustainable use, and cooperation in international waters. Its entry into force signals that protecting marine ecosystems is no longer voluntary or fragmented, but governed by shared global responsibility. Scientists say effective enforcement, funding mechanisms, and political commitment will determine whether the treaty delivers protection for vulnerable ocean life.

How the treaty enables marine protected areas

One of the major characteristics of the BBNJ treaty is the promotion of the establishment of marine protected areas within international waters. These can regulate, suspend, or restrict activities like fishing, shipping, and industrial development within ecologically sensitive areas. What the BBNJ treaty provides is a mechanism through which countries can work towards the protection of migratory species, the habitats of the deep sea, or other ecologically sensitive areas that were not, at the time, within the framework of national protective systems.

This treaty also establishes obligatory environmental impact assessments to be done when projects pose potential threats to the ocean's ecosystem in the high seas. This implies that projects, such as fishing or exploration efforts, will be subject to an assessment to determine their effects on the environment before the projects can be implemented. This will establish a precautionary framework in ocean governance in that projects will be put on hold if they pose potential threats to the environment even though they will generate benefits in terms of economic gain to people’s lives.

Another important aspect of this treaty concerns marine genetic resources, which have achieved great value commercially for industries like biotechnology, medicine, and cosmetics. Deep-sea organisms often contain unique genetic features that are commercially valuable. This is where the BBNJ mechanism comes into play: the benefits obtained from these resources shall be more equitably shared among countries, paying special attention to supporting developing nations that might be without direct access to high seas research.

Who has joined the treaty, and what challenges remain

The treaty came into effect after meeting the quota of 60 ratifications in September of last year, triggering the activation of the treaty within 120 days. However, over 80 countries have ratified this agreement, including major world economies like China, Brazil, and Japan as reported by The United Nations. Although the United States has signed this treaty, they have yet to ratify it, symbolizing the level of diplomatic efforts that are yet to be achieved to ensure universalization.

Although this treaty is very useful, it is a challenge for countries and a challenge for humanity as a whole to ensure that this treaty is met. It is estimated that a total of more than 190,000 marine protected areas are required for a target of 30 by 30 for marine protected areas, while only eight percent of marine areas are protected worldwide.

Despite the ambitions, however, there are clearly constraints within this treaty, and one of these is related to a highly controversial matter being a menace to ocean preservation efforts – deep sea-mining, which is left out of this BBNJ treaty. The control of mineral extraction within the seabed is yet again under the control of the International Seabed Authority.

The treaty’s long-term impact on marine protection

The entry into force of the UN biodiversity treaty represents a defining moment in the global effort to protect the oceans. By establishing shared rules for conservation, environmental assessment, and benefit-sharing, it transforms the high seas from an unregulated frontier into a collectively governed space. Its success will depend on how effectively countries implement its provisions, expand participation, and balance economic interests with the urgent need to protect marine life for future generations.