"...problems of ocean space are closely interrelated and need to be considered as a whole..."
(United Nations Convention on the Law of the Sea, Preamble)

United Nations Convention on the Law of the Sea

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



Overview

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) was adopted on 19 June 2023 by the Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction convened under the auspices of the United Nations. The BBNJ Agreement becomes the third implementing agreement to the United Nations Convention on the Law of the Sea.

Under the overall objective of the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction for the present and in the long-term, through effective implementation of the relevant provisions of the Convention and further international cooperation and coordination, the BBNJ Agreement addresses four main issues:
  • Marine genetic resources, including the fair and equitable sharing of benefits;
  • Measures such as area-based management tools, including marine protected areas;
  • Environmental impact assessments; and
  • Capacity-building and the transfer of marine technology.
The Agreement also establishes a funding mechanism and sets up institutional arrangements, including a Conference of the Parties and various subsidiary bodies, a Clearing-House Mechanism and a secretariat.

The BBNJ Agreement is open for signature by all States and regional economic integration organizations from 20 September 2023 to 20 September 2025, and will enter into force 120 days after the date of deposit of the sixtieth instrument of ratification, approval, acceptance or accession (see status at the United Nations Treaty Collection. )

On 1 August 2023, the General Assembly adopted resolution 77/321, in which it approved the assumption by the Secretary-General of the United Nations of the functions assigned to him under the Agreement, including the depository functions and the performance through the Division for Ocean Affairs and the Law of the Sea of the Office of Legal Affairs of the United Nations (DOALOS), of secretariat functions until such time as the secretariat to be established under the Agreement commences its functions.

On 24 April 2024, the General Assembly adopted resolution 78/272, (currently available as A/78/L.41), in which it decided to establish a Preparatory Commission to prepare for the entry into force of the BBNJ Agreement and to prepare for the convening of the first meeting of the Conference of the Parties to the Agreement. The General Assembly further decided that the Commission shall hold a three-day organizational meeting in the first half of 2024 to discuss organizational matters, including the election of the Co-Chairs and a Bureau, the dates of the meetings of the Commission and the programme of work of the Commission.

Full text of the Agreement (English, Français, Español, Arabic, Chinese, Russian)

Preparations for entry into force of the Agreement

In line with General Assembly resolution 77/321, DOALOS has developed a programme of activities to promote better understanding of the BBNJ Agreement and prepare for its entry into force. The planned activities include, among others, regional workshops, technical assistance at the national level, briefings and side events, and the development of tools and outreach materials. In delivering these activities, DOALOS welcomes opportunities of cooperation with States, relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies, as well as other stakeholders. DOALOS will also aim to strengthen inter-agency coordination and cooperation within the UN system in activities supporting the entry into force and implementation of the BBNJ Agreement, including through its role as the focal point of UN-Oceans. On 16 January 2024, principals of organizations participating in UN-Oceans endorsed a statement of commitments to strengthen and promote coordination and coherence of UN system activities in relation to the BBNJ Agreement.

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For more information, please contact the Division for Ocean Affairs and the Law of the Sea, Office of Legal Affairs, United Nations (doalos@un.org).