Agreement On Maritime Biodiversity Enters Into Force

The entry into force of the BBNJ Agreement creates a number of strategic and legal considerations for commercial entities with interests in areas beyond national jurisdiction

On 17 January 2026, the 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) entered into force. This milestone marks the transition of the BBNJ Agreement from a negotiated text to a binding multilateral framework. The Agreement governs areas beyond national jurisdiction (ABNJ) which comprises the high seas and the international seabed (which accounts for approximately two-thirds of the world's oceans).

At the time of writing, 84 States have ratified the Agreement, while a total of 145 have signed it (see the ratification status of the Agreement here). While signing does not bind States to the Agreement, it indicates their intention to proceed to ratification. Signing also creates an obligation on signatory States to refrain, in good faith, from acts that would defeat the object and the purpose of the Agreement.

Commercial entities under the jurisdiction or control of ratifying States—particularly those engaged in ocean‑economy sectors such as offshore energy, shipping, deep-sea mining, submarine communications and marine scientific research—should prepare for new compliance obligations arising from domestic laws which may be introduced to give effect to the Agreement.

Core regulatory pillars

As we noted in our March 2023 briefing, the BBNJ Agreement introduces several regulatory pillars that fundamentally alter the operational landscape in ABNJ:

• Marine Genetic Resources (MGRs): The Agreement establishes a regime for the "fair and equitable" sharing of benefits derived from MGRs, including digital sequence information (the digitised genetic information derived from marine organisms, used in research and biotechnology applications).
• Area-Based Management Tools (ABMTs): A pathway now exists to establish ABMTs, including marine protected areas (MPAs) in ABNJ. These zones may be designated and managed to conserve marine biodiversity and ecosystem integrity, which may involve restrictions or prohibitions of specific commercial activities, to meet global biodiversity targets.
• Environmental Impact Assessments (EIAs): The Agreement establishes a global framework and obligation for EIAs for activities in ABNJ. Critically, this requirement may extend to activities within a State's national waters if it is determined that the activity may cause substantial pollution of or significant and harmful changes to the marine environment in ABNJ (e.g. pollution or noise that travels).
• Capacity Building and the Transfer of Marine Technology: The Agreement introduces new obligations on parties to cooperate in capacity-building and the development and transfer of marine technology, and to strengthen scientific cooperation, with particular emphasis on the needs and interests of developing States.

What this means for commercial entities

The entry into force of the BBNJ Agreement creates a number of strategic and legal considerations for commercial entities with interests in ABNJ, including:

• New compliance obligations and risks: The Agreement provides a much-needed framework for activities in ABNJ, which will likely introduce greater scrutiny and new compliance obligations and risks for commercial entities. Corporate duties will likely flow from national implementing laws, such as new EIA regulations, licensing and notification requirements for MGR-related work, and adherence to measures applicable within MPAs. Proactive alignment with emerging domestic regulations will be essential to mitigating the risk of regulatory disputes, penalties and project delays.
• The role of the first Conference of the Parties (COP): The first COP is expected to convene by January 2027. This meeting will determine further operational details of the Agreement such as the technical standards for EIAs and the financial rules for MGR benefit-sharing. It is also important that commercial entities monitor COP decisions to evaluate how these international standards may be transposed into the domestic laws of ratifying States.
• Interplay with existing regimes: The BBNJ Agreement is designed to be complementary with existing bodies, such as the International Maritime Organisation (IMO) and the International Seabed Authority (ISA). However, the practical challenge for commercial entities will be navigating the potential overlaps where these regimes meet, such as how new MPAs might affect existing shipping lanes or the planning and authorisation of seabed-related activities.

Conclusion

With the BBNJ Agreement now in force, the regulatory landscape governing activities connected to ABNJ has materially changed. The Agreement introduces new State obligations that will likely translate into national requirements affecting due diligence (particularly EIAs and reporting), project design, research and development practices, and long‑term licensing strategies. Commercial entities should focus on operational readiness, anticipating that domestic laws and forthcoming COP decisions will shape compliance obligations across multiple sectors in the coming years.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.