The BBNJ Treaty, also known as the High Seas Agreement, establishes a legally binding framework for the conservation of marine biodiversity in areas beyond national jurisdiction, and will enter into force on 17 January 2026 after reaching 60 ratifications in September 2025 (Morocco). This instrument represents a historic advance in global ocean governance, providing protection mechanisms for more than 50% of the planet’s surface corresponding to the High Seas. Its relevance, as a global treaty, entails international implications and opportunities for Colombia; therefore, its ratification by the country is considered vitally important, especially in the context of the process to update the National Environmental Policy for Marine, Coastal and Ocean Spaces (PNAOCI).

Global Importance of the Treaty

The BBNJ Treaty addresses the conservation and sustainable use of marine biological diversity in the High Seas and the ocean floor, covering various areas ranging from marine genetic resources (MGRs), area-based management tools (ABMTs), environmental impact assessments (EIAs), and technology transfer. Its adoption in June 2023 after 20 years of negotiations under the United Nations Convention on the Law of the Sea (UNCLOS) marks a milestone, as it fills a legal gap in the open oceans where no national sovereignty exists. This point is crucial given the political circumstances that threaten international law, and particularly environmental law. Consequently, the treaty helps strengthen the legal protection system for vulnerable ecosystems against threats such as overfishing, pollution, and climate change, promoting networks of connected marine protected areas and the fair and equitable sharing of benefits from MGRs, which are essential for biotechnology and pharmaceuticals.

This agreement additionally aligns with global goals such as the Sustainable Development Goals (SDG 14) and the Kunming–Montreal Global Biodiversity Framework (30×30), fostering integrated governance that can help prevent the projected loss of marine biodiversity by 2050. For countries like Colombia, with extensive coastlines on the Caribbean and Pacific, it therefore represents an opportunity to become a leader in transboundary conservation projects, strengthening ocean resilience in the face of planetary crises.

Implications for International Governance

The entry into force of the BBNJ will undoubtedly transform ocean governance mechanisms by creating binding obligations for States Parties, including mandatory EIAs for activities with significant impacts, such as deep-sea mining or scientific research. By its nature, the agreement establishes an information-sharing mechanism (clearing-house) and coordinates with existing bodies such as the International Seabed Authority (ISA) and regional fisheries organizations, avoiding both legal and governance fragmentation over these spaces. This implies a global institutional transition, beginning with the first Conference of the Parties (COP) to be convened in 2026, which will define rules for ABMTs and the sharing of benefits from MGRs.

Globally, the treaty will help strengthen multilateralism by requiring cooperation in monitoring, capacity-building, and technology transfer for developing countries, promoting open data and transboundary assessments. These challenges include accession processes and the implementation of monitoring mechanisms in high seas regions, where it interacts with sectoral regimes (including polar regimes), in order to provide a framework for unified governance.

Legal Responsibilities for Colombia

Colombia has 2.8 million km² of marine territory, including its EEZ and deep waters; however, the country is not a party to UNCLOS. Therefore, ratifying the BBNJ represents an opportunity to connect national public policies with international protection mechanisms for the high seas and the ocean floor, based on principles of ecosystem connectivity. This would imply that the country assumes direct obligations ranging from the adoption of Environmental Impact Assessments (EIAs) for activities on the high seas, continuing the creation and strengthening of area-based management tools (ABMTs), as well as sharing the benefits derived from access to genetic resources.

Legally, it would contribute to integrating international commitments post-PNAOCI 2000, such as the Escazú Agreement, reinforcing constitutional principles (Articles 79, 80, and 101 of the Constitution) on environmental protection and marine, coastal, and ocean public goods. This will require deep harmonization with existing regulations, the foundations of which are already being outlined within the projects to update marine environmental policy proposed by CEMarin. However, one of the major challenges to achieving these goals involves the development of processes such as prior consultation for its adoption, due to potential impacts on ethnic communities, especially in transboundary coastal areas. Therefore, Colombia must act diligently through its environmental and diplomatic authorities with the greatest possible speed.

Scientific and Environmental Obligations

From a scientific perspective, the Treaty would require strengthening activities such as continuous monitoring of biodiversity on the high seas, prioritizing expeditions in Colombian deep waters (Caribbean and Pacific), where INVEMAR and CEMarin, among others, take the lead with the support of the competent entities of the sector (SINA). Additionally, Colombia will need to adopt information transfer mechanisms with open data that contribute to strengthening environmental, marine, and ocean information systems, such as SINOC, which have been proposed under a potential updated PNAOCI, with an emphasis on MGRs and ecological connectivity.

From an environmental standpoint, the challenge involves supporting—through national competencies—the process of expanding Marine Protected Areas (MPAs) even beyond the EEZ, aligning these objectives with the 30×30 Alliance. Colombia already exceeds 37% marine protection but recognizes the need to create and strengthen connected networks in the high seas. In this sense, the proposed update of the PNAOCI explicitly incorporates the need to accede to the BBNJ across planning, pollution, and research pillars, proposing governance for deep waters and bio-oceanic cooperation as fundamental elements in addressing threats arising from climate change, pollution, and biodiversity loss.

Public Policy Opportunities

For Colombia, accession to the BBNJ offers opportunities to strengthen public policy by promoting coordination between the PNAOCI, the PNOEC, and CONPES 3990 in pursuit of integrated governance, creating specialized sub-instances for deep oceans, and facilitating access to funds such as the GCF/GEF for expeditions and technology, while adopting and reinforcing principles of a sustainable blue economy with safeguards.

In terms of scientific opportunities, accession to the BBNJ entails opportunities for participation and co-production of knowledge with international research organizations through research projects, strengthening open data policies and monitoring–evaluation–learning (MEL) processes. This would help position Colombia as a regional leader (CPPS, Cartagena Convention), attracting green investment and just transitions for coastal communities. In this way, the BBNJ not only binds Colombia to global standards, but also helps catalyze its PNAOCI toward resilient and equitable ocean governance.