The Earth depends on the Ocean for the multiple benefits it provides. From nutrition and health benefits to climate control, the Ocean is vital for life on Earth. Nearly two-thirds of the Ocean along with its unique species and ecosystems are in areas beyond national jurisdiction. However, fragmented legal frameworks have left biodiversity in these areas vulnerable to growing threats, including climate change, plastic pollution, oil spills, overfishing, habitat destruction, ocean acidification, and underwater noise.

To close this gap, in March 2023, after a marathon round of talks, UN Member States were able to agree on a new treaty on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ). This new treaty will be the latest implementing instrument under the UN Convention on the Law of the Sea (UNCLOS).

The resumed fifth session of the Intergovernmental Conference (IGC-5.2) on BBNJ resolved the long-standing issues related to BBNJ, including:

• marine genetic resources, including benefit-sharing;
• measures such as area-based management tools, including marine protected areas;
• environmental impact assessments;
• capacity-building and the transfer of marine technology; and
• cross cutting issues, including the overarching principles and approaches that will govern the treaty’s implementation.

At IGC-5.2, delegations worked in frenzied closed-door talks for over 36 hours at the end of the meeting, unlocking key points of contention related to marine genetic resources and finance. Delegates were then able to agree on the text, with IGC President Rena Lee (Singapore), introducing the announcing that “the ship has reached the shore.”

In preparation for formal adoption of the new treaty, the IGC established an open-ended informal working group to undertake technical edits to ensure uniformity of the text and harmonize the wording in all six UN official languages, and requested the working group to report to a further resumed session of IGC-5 (IGC-5.3).

IGC-5.3 will convene from 19-20 June 2023 at UN Headquarters in New York, in accordance with UN General Assembly 77/556, with Member States expected to adopt the new BBNJ treaty.

The Earth Negotiations Bulletin (ENB) writers for this meeting are Tallash Kantai and Asterios Tsioumanis, Ph.D. The Digital Editor and Editor is Pam Chasek, Ph.D.