Ratification and Implementation of the High Seas (BBNJ) Treaty: UPSC Current Affairs Story Arc

Overview

This arc traces the transition of the High Seas (BBNJ) Treaty from a diplomatic negotiation to a legally binding global framework. The High Seas consist of ocean areas beyond the 200-nautical-mile Exclusive Economic Zones (EEZs), covering roughly 64% of the ocean surface. While the 2025 UN Ocean Conference saw India hesitate on immediate ratification, the global momentum reached a critical mass in late 2025 when the 60-ratification threshold was crossed. By January 17, 2026, the treaty officially entered into force, establishing rules for marine genetic resources, environmental impact assessments, and marine protected areas in international waters. This matters for India as it balances its 'Deep Ocean Mission' aspirations with global conservation commitments.

How This Story Evolved

Diplomatic discussions and stances at UNOC (Item 3) → Treaty crosses 60-ratification threshold (Item 5) → Treaty legally enters into force (Item 2)

1. 2025-06-12: India Unlikely to Ratify 'High Seas Treaty' at U.N. Ocean Conference
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   UPSC Angle: India unlikely to ratify the 'High Seas Treaty' at U.N. Ocean Conference.

   Key Facts:

   • India
   • High Seas Treaty
   • U.N. Ocean Conference
2. 2025-09-22: High Seas Treaty of UN Reaches Entry into Force Threshold
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   UPSC Angle: High Seas Treaty reaches entry into force threshold.

   Key Facts:

   • The BBNJ Treaty crossed the threshold of 60 ratifications.
   • It will enter into force in January 2026.
3. 2026-01-17: UN High Seas Treaty Comes Into Effect
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   UPSC Angle: UN High Seas Treaty (BBNJ) creates framework for marine biodiversity protection.

   Key Facts:

   • Biodiversity Beyond National Jurisdiction (BBNJ) Treaty has entered into force
   • High seas are beyond 200 nautical miles (Exclusive Economic Zones – EEZs)
   • High seas cover nearly two-thirds of the global ocean
   • The Biodiversity Beyond National Jurisdiction (BBNJ) Treaty is in effect.
   • High seas are defined as ocean areas beyond 200 nautical miles (Exclusive Economic Zones – EEZs).

Genesis

Trigger

The diplomatic discussions at the U.N. Ocean Conference (UNOC) on June 12, 2025, served as the primary catalyst, where India's stance of 'unlikely to ratify' highlighted the complex domestic and geopolitical negotiations involved in the treaty's adoption.

Why Now

The push for ratification intensified as global marine biodiversity reached a tipping point, and the UN set a goal to protect 30% of the world's oceans by 2030 (the 30x30 target).

Historical Context

The BBNJ Treaty is often called the 'Constitution for the Oceans,' filling a gap left by the 1982 UNCLOS, which focused more on navigation and mineral rights than on biological conservation in international waters.

Key Turning Points

1. [2025-06-12] India announces it is unlikely to ratify the treaty at the U.N. Ocean Conference.

   Signaled that major developing maritime powers still had reservations about the treaty's implementation or resource-sharing clauses.

   Before: High expectations for unanimous major-power support. After: Realization that 'entry into force' would rely on a coalition of smaller and mid-sized nations.

2. [2025-09-22] The 60th ratification threshold is met by Morocco and Sierra Leone.

   This was the legal 'trigger' event specified in the treaty text to move it from a signed document to a binding international law.

   Before: The treaty was a voluntary commitment. After: A fixed 120-day countdown to full legal enforcement began.

Key Actors and Institutions

Key Institutions

• United Nations (UN)
• U.N. Ocean Conference (UNOC)
• UN Convention on the Law of the Sea (UNCLOS)

Key Concepts

BBNJ Treaty

A legally binding instrument under UNCLOS for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction.

Current Fact: The BBNJ Treaty crossed the 60-ratification threshold on September 22, 2025.

High Seas

Ocean areas that are not included in the exclusive economic zone, the territorial sea, or the internal waters of a State.

Current Fact: High seas are defined as areas beyond 200 nautical miles (EEZs) and cover nearly two-thirds of the global ocean.

Exclusive Economic Zone (EEZ)

An area of the sea in which a sovereign state has special rights regarding the exploration and use of marine resources, including energy production from water and wind.

Current Fact: The High Seas begin where the 200-nautical-mile EEZ ends.

What Happens Next

Current Status

As of January 17, 2026, the BBNJ Treaty has officially entered into force, becoming legally binding for all ratifying parties.

Likely Next

The first 'Conference of Parties' (COP) for the BBNJ will be convened to establish the secretariat and define the benefit-sharing mechanism for Marine Genetic Resources (MGRs).

Wildcards

Non-signatory nations or those who haven't ratified (like India's initial hesitation) may face diplomatic pressure or challenges in accessing international marine research funds.

Why UPSC Cares

Syllabus Topics

• Important International institutions, agencies and fora - their structure, mandate
• Conservation, environmental pollution and degradation, environmental impact assessment

Essay Angles

• The Tragedy of the Commons: Governing the High Seas
• Blue Economy vs. Blue Conservation: Striking the Balance

Prelims Likely: Yes

Mains Likely: Yes

Trend Signal: rising

Exam Intelligence

Previous Year Question Connections

• Tested limits of territorial sea (12 nm) and EEZ (200 nm) under UNCLOS. — The BBNJ Treaty is an 'implementing agreement' under UNCLOS, directly extending the legal regime discussed in this PYQ to the High Seas.
• Tested whether India and the US have ratified UNCLOS. — The arc updates this by focusing on the NEWEST treaty under the UNCLOS umbrella, highlighting India's evolving stance on ratification.

Prelims Angles

• Specific threshold for entry into force (60 ratifications).
• Definition of High Seas (Beyond 200 nm EEZ).
• Relationship between BBNJ and UNCLOS (Implementing agreement).
• Percentage of ocean covered by the High Seas (Approx. 64% or two-thirds).

Mains Preparation

Sample Question: Analyze the significance of the BBNJ Treaty in addressing the governance gaps of the High Seas. Critically examine India's cautious approach toward its ratification.

Answer Structure: Intro: Define BBNJ and its entry into force (Jan 2026) -> Body 1: Key pillars (MGRs, MPAs, EIAs, Capacity building) -> Body 2: Governance gaps filled (conservation vs exploitation) -> Critical Analysis: India's interests (Deep Ocean Mission, strategic autonomy) vs. global commitments -> Conclusion: Way forward for India's maritime diplomacy.

Essay Topic: The Last Frontier: International Cooperation and the Future of our Oceans.

Textbook Connections

Key Takeaway

The BBNJ Treaty's entry into force in January 2026 marks the most significant expansion of international maritime law since UNCLOS 1982, shifting the focus from resource exploitation to legally mandated conservation of the High Seas.

All Events in This Story (3 items)

1. 2025-06-12 [International Relations] — India Unlikely to Ratify 'High Seas Treaty' at U.N. Ocean Conference
   India is unlikely to ratify the 'High Seas Treaty' at the U.N. Ocean Conference. This treaty focuses on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction.
   More details

   UPSC Angle: India unlikely to ratify the 'High Seas Treaty' at U.N. Ocean Conference.

   Key Facts:

   • India
   • High Seas Treaty
   • U.N. Ocean Conference
2. 2025-09-22 [International Relations] — High Seas Treaty of UN Reaches Entry into Force Threshold
   The BBNJ Treaty of the United Nations (UN) crossed the threshold of 60 ratifications, with Morocco and Sierra Leone becoming the 60th and 61st signatories respectively, paving the way for it to enter into force in January 2026. Formally known as 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), it is the UN's High Seas Treaty.
   More details

   UPSC Angle: High Seas Treaty reaches entry into force threshold.

   Key Facts:

   • The BBNJ Treaty crossed the threshold of 60 ratifications.
   • It will enter into force in January 2026.
3. 2026-01-17 [Environment & Ecology] — UN High Seas Treaty Comes Into Effect
   A UN-backed treaty on biodiversity in international waters, known as the Biodiversity Beyond National Jurisdiction (BBNJ) Treaty, has entered into force. It creates a legally binding global framework to conserve and sustainably use the high seas, which cover nearly two-thirds of the global ocean. High seas refer to ocean areas beyond national jurisdiction, i.e., beyond 200 nautical miles (Exclusive Economic Zones – EEZs).
   More details

   UPSC Angle: UN High Seas Treaty (BBNJ) creates framework for marine biodiversity protection.

   Key Facts:

   • Biodiversity Beyond National Jurisdiction (BBNJ) Treaty has entered into force
   • High seas are beyond 200 nautical miles (Exclusive Economic Zones – EEZs)
   • High seas cover nearly two-thirds of the global ocean
   • The Biodiversity Beyond National Jurisdiction (BBNJ) Treaty is in effect.
   • High seas are defined as ocean areas beyond 200 nautical miles (Exclusive Economic Zones – EEZs).