Experts meet in New York: Momentum builds towards marine biodiversity treaty

Formally titled 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, it was adopted in June 2023 after years of negotiation, and is open for signature until 20 September.

With only eight ratifications left before it can enter into force, momentum is accelerating toward the treaty’s implementation phase, which could begin as early as 2026.

Urgent, ‘decisive and concerted action’

By covering marine genetic resources, environmental impact assessments, area-based management tools, and the transfer of marine technology, the treaty is central to protecting the ocean.

“The need for decisive and concerted action has never been more urgent,” UN Legal Counsel Elinor Hammarskjöld told delegates at the opening of the session.

From rules of participation and financing to digital access and institutional hosting, negotiators face complex trade-offs.

But the sense of urgency, and the crowded rooms at UN Headquarters, suggested that the international community is edging closer to turning text into reality.

Recalling the 2025 UN Ocean Conference held in Nice in June, co-hosted by France and Costa Rica, Ms. Hammarskjöld said that it reaffirmed the essential role of multilateralism in addressing the pressures putting marine ecosystems at risk. 

Further, the 39 treaty actions by States from all regions undertaken during the Ocean Conference demonstrated the international community’s strong commitment to conserve and sustainably use the ocean and its resources.

Now, “with the real probability of the first Conference of the Parties to the Agreement convening in 2026, we are at a critical juncture”, she stated.

That urgency was echoed by the Commission’s Co-Chair Janine Coye-Felson, who said that “if the momentum bolstered by the third United Nations Oceans Conference, held in Nice in June this year, sustains, it can be reasonably expected that the Agreement may enter into force in the latter part of 2025, or early 2026”.

Indigenous Peoples as rights-holders

During the session’s early debates, small island developing States (SIDS) pressed for flexibility, including virtual participation and guaranteed representation in the COP Bureau.

The representative of the Federated States of Micronesia, speaking for the Pacific small island developing States, also supported the allocation of one seat to small island developing States. 

Further, he called for recognition of “the distinct status of Indigenous Peoples under international law as rights-holders, rather than as mere stakeholders”.

Financing and equity

Developing States, represented by groups including the G77 and China, the African Group, CARICOM and Pacific SIDS, stressed that participation funding shall not be optional but an obligation under the treaty, and called for a voluntary trust fund to cover the full expenses of delegates from least developed countries, landlocked states – and SIDS – while opposing restrictions on states in arrears.

‘Clearing house’

As entry into force approaches, delegates turned to operational issues. A proposed Clearing-House Mechanism will serve as the treaty’s central hub for information exchange.

“There is perhaps no more urgent piece of work that is in front of us than this one,” underscored Commission Co-Chair Adam McCarthy at one of the meetings.

Given the current rate of ratification, “we might need a form of Clearing-House Mechanism in operation sometime in early 2026”, he pointed out, encouraging delegates to work towards having the informal expert group “up and running” to start its work by September.

With 139 signatures and 52 ratifications already secured, the treaty is within reach of the 60 needed for entry into force.

The gathering will continue at UN Headquarters until 29 August.