The ocean covers more than 70 per cent of the Earth’s surface. It regulates the climate, supports biodiversity, provides food and sustains the livelihoods of billions of people worldwide. Crucially, if managed sustainably, it also holds vast untapped potential to help humanity thrive, from potentially life-saving marine genetic resources to mineral resources.
Until now, there has been a major gap in how we collectively manage our oceans, particularly in areas beyond national borders or countries’ exclusive economic zones. These areas, referred to as the high seas (the water column from the surface to the seabed) and the international seabed area (the seafloor), are known collectively as areas beyond national jurisdiction (ABNJ). Together, they represent nearly two-thirds of the world’s ocean.
For decades, governance of the high seas water column has been fragmented, sectoral and largely reactive, spread across multiple institutions with limited coordination and no overarching ecosystem-level framework.
As a result, pressures on the ocean have intensified without effective collective oversight. Pollution from plastics and nutrients, rising temperatures and acidification driven by climate change, overexploitation of fisheries, and destructive practices such as bottom trawling have accumulated faster than governance systems have been able to respond. The absence of coherent, integrated regulation in the water column has meant that no single body has been responsible for addressing these impacts in a holistic way.
This governance fragmentation has pushed ocean ecosystems in ABNJ towards a tipping point, weakening the resilience of marine biodiversity and undermining the ecosystem services on which global food security, climate regulation and economic activity depend.
In contrast, the international seabed area has benefited from a dedicated governance architecture under the ISA, with a clear mandate, common rules and centralized oversight. This asymmetry in governance between the seabed and the water column has been one of the core structural gaps that the BBNJ Agreement is now designed to address.
As the international community enters a new phase of ocean governance, marked by greater emphasis on coordination, science-based decision-making and inclusive participation, here are five things to know about what comes next and how BBNJ and ISA can support and complement the BBNJ Agreement.
- The BBNJ Agreement strengthens coherence in ocean governance without rewriting UNCLOS
The BBNJ Agreement complements existing global and sectoral processes, such as fisheries management, international shipping and seabed activities, while addressing growing concern about biodiversity loss in the high seas. Firmly anchored in UNCLOS, the BBNJ Agreement does not reopen or renegotiate it. Instead, it strengthens coordination and cooperation, information-sharing and capacity development among States Parties and relevant international organizations, where protections have been limited.
- The BBNJ Agreement operates alongside existing institutions, not instead of them
The entry into force of the BBNJ Agreement does not replace or modify the mandates of existing bodies established under UNCLOS and other treaties. Instead, it operates alongside institutions that already manage different parts of activities within their legal mandate. These include, for example, regional fisheries management organizations responsible for managing fish stocks, the International Maritime Organization, which regulates international shipping and the ISA, which oversees mineral-related activities in the international seabed area. The BBNJ Agreement is intended to complement these mandates by providing a framework for cooperation on cross-cutting issues, including biodiversity conservation, ecosystem protection and cumulative environmental impacts. In the future, emphasis will be placed on coordination and complementarity among organizations active in ABNJ to ensure that measures adopted in one sector support, rather than undermine, objectives in another.
- Area-based management tools, including marine protected areas, will be an important focus
One of the central features of the BBNJ Agreement is the development of area-based management tools, including marine protected areas (MPAs). MPAs are geographically defined ocean areas where human activities are managed or restricted to conserve biodiversity, protect ecosystems and support the recovery of species and habitats. Under the BBNJ Agreement, these tools are designed to support the conservation and sustainable use of marine biodiversity in ABNJ, where few such measures currently exist. Discussions are expected to address processes for proposing, assessing, designating and managing MPAs, as well as their relationship with measures and activities undertaken by other international organizations to ensure coherence and effectiveness.
- Environmental impact assessments and scientific knowledge will play a bigger role in decision-making
The BBNJ Agreement places strong emphasis on environmental impact assessments (EIAs), monitoring and review and the use of the best available science and scientific information. EIAs are processes used to identify, predict and evaluate the potential environmental effects of planned activities before they take place. In the context of ABNJ, this may include assessing impacts on marine species, habitats and ecosystem functions, as well as cumulative pressures from multiple industries operating in the same area. Parties will consider processes to assess the potential impacts of planned activities in ABNJ and to strengthen scientific cooperation, data exchange and transparency. This is expected to contribute to a more knowledge-based approach to decision-making concerning the ocean, marine biodiversity and ocean-related industrial activities.
- Capacity-building and technology transfer will be essential for fairness and effectiveness
A key feature of the BBNJ Agreement is its attention to capacity-building and the transfer of marine technology, particularly for developing States. This includes support for scientific research, data-collection, monitoring and participation in decision-making processes related to ABNJ. The BBNJ Agreement also highlights cooperation and coordination with relevant global, regional and sectoral bodies, for example, through information-sharing, joint scientific work and alignment of management measures. As a result, the future ocean governance architecture is expected to place greater emphasis on capacity-building and the transfer of marine technology, enabling more countries to contribute to and benefit from shared ocean stewardship.
What happens next?
As the international community moves into 2026, ocean governance is entering a period of consolidation and adaptation. The challenges ahead are not only about implementing new instruments, such as the BBNJ Agreement, but also about ensuring they work effectively alongside existing institutions and legal frameworks. Strengthening cooperation, grounding decisions in science and building capacity across regions will be essential to safeguarding the ocean for future generations. These issues are central to the ongoing discussions about who decides what happens in the global ocean and how those decisions are made.
BBNJ Agreement
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 is an international, legally binding instrument that aims to ensure the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction through international cooperation and coordination.
International Seabed Authority
The International Seabed Authority is an autonomous international organization established under the United Nations Convention on the Law of the Sea. The International Seabed Authority is responsible for regulating mineral-related activities in the international seabed area beyond national jurisdiction. It has a mandate to ensure the effective protection of the marine environment from harmful effects arising from such activities.
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ISA Communications Unit, news@isa.org.jm
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