Why in News?
The BBNJ Agreement, the world’s first legally binding treaty to protect marine biodiversity in international waters, came into force on 17 January 2026.
It is also the first ocean treaty to ensure inclusive ocean governance, explicitly recognizing Indigenous Peoples, local communities, and gender balance.

What is the BBNJ Agreement?

About
• Official name: Agreement on Marine Biological Diversity of Areas Beyond National Jurisdiction
• Adopted under UNCLOS (1982)
• Applies to:
o High seas
o International seabed
(Areas beyond national Exclusive Economic Zones)
Institutional Mechanisms
• Conference of Parties (COP)
• Subsidiary bodies
• Clearing-House Mechanism
• Dedicated Secretariat
• Funding mechanism for conservation & capacity-building

Adoption and Legal Status
• Adopted in 2023 at the UN Headquarters, New York
• Entered into force after 120 days of ratification by 60 countries
• Now ratified by 80+ countries
• Major ratifiers: China, Germany, Japan, France, Brazil
• India & USA → Signed but not yet ratified

Four Pillars of the BBNJ Agreement

1. Marine Genetic Resources (MGRs)
   o Benefit-sharing (monetary & non-monetary)
2. Area-Based Management Tools (ABMTs)
   o Includes Marine Protected Areas (MPAs) in the high seas
3. Environmental Impact Assessments (EIAs)
   o Mandatory for proposed activities in international waters
4. Capacity-Building & Marine Technology Transfer
   o Helps developing countries participate effectively in deep-ocean governance

Significance
• Fills a major governance gap in ocean regulation
• Provides binding rules for:
o 2/3rd of the ocean’s surface
o 90% of Earth’s habitable space (by volume)
• Strengthens global ocean conservation under UNCLOS
o Often called the “Constitution of the Oceans”
• Supports SDG 14 – Life Below Water
• Addresses the triple planetary crisis:
o Climate change
o Biodiversity loss
o Pollution
Context within UNCLOS
BBNJ is the third implementation agreement after:

1. 1994 Part XI Implementation Agreement (international seabed mining)
2. 1995 UN Fish Stocks Agreement (straddling & migratory fish stocks)

Prelims Practice Questions

1. With reference to the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, consider the following statements:

1. It applies only to areas within the Exclusive Economic Zones (EEZ) of coastal states.
2. It is the third implementing agreement under the UN Convention on the Law of the Sea (UNCLOS).
3. It includes provisions for equitable sharing of benefits from marine genetic resources.

Which of the statements given above is/are correct?

(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

Answer: (b)

2. The BBNJ Agreement, which came into force in 2026, deals with which of the following areas?

1. Creation of Marine Protected Areas in the high seas
2. Environmental Impact Assessments for activities beyond national jurisdiction
3. Allocation of fishing quotas in territorial waters
4. Capacity-building and transfer of marine technology

Select the correct answer using the code below:

(a) 1 and 2 only
(b) 1, 2 and 4 only
(c) 2, 3 and 4 only
(d) 1, 2, 3 and 4

Answer: (b)
 

3. Consider the following countries:

1. India
2. China
3. United States
4. Brazil

Which of the above have ratified the BBNJ Agreement as of 2026?

(a) 1, 2 and 4 only
(b) 2 and 4 only
(c) 1, 3 and 4 only
(d) 2, 3 and 4 only

Answer: (b)