The Ocean covers 70% of the planet, supporting every facet of life on Earth. Nearly two-thirds of the Ocean, along with its unique species and ecosystems, are in areas beyond national jurisdiction. Fragmented legal frameworks have left biodiversity in these areas vulnerable to ever growing threats, including climate change, plastic pollution, oil spills, overfishing, habitat destruction, and underwater noise.

After 14 years of discussions, UN Member States agreed in 2018 to launch negotiations for an international legally binding instrument under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ). The Intergovernmental Conference (IGC) established for this purpose, focused on, among others:

• marine genetic resources, including benefit sharing considerations;
• area-based management tools, including marine protected areas;
• environmental impact assessments; and
• capacity building and the transfer of marine technology.

On 19 June 2023—after nearly two decades of discussions and negotiations—governments finally adopted the BBNJ Agreement. This is the third implementing agreement under UNCLOS, after the 1994 Agreement establishing the International Seabed Authority, and the 1995 Fish Stocks Agreement. The BBNJ Agreement is open for signature until 20 September 2025 and will enter into force 120 days after the date of deposit of the 60th instrument of ratification, approval, acceptance, or accession. As of 31 March 2025, the Agreement has 112 signatories and 21 parties.

The General Assembly established a Preparatory Commission to prepare for the entry into force of the BBNJ Agreement and to prepare for the convening of the first meeting of the Conference of the Parties (COP) to the Agreement. The Commission held its organizational session in June 2024, to elect its Co-Chairs and Bureau members, adopt its programme of work, and schedule its future meetings.

At its first session, the Preparatory Commission was expected to discuss:

• Rules of procedure of the COP;
• Terms of reference, modalities, and rules of procedure of the subsidiary bodies established under the Agreement;
• Selection process for the members of the Scientific and Technical Body and other subsidiary bodies established under the Agreement;
• Arrangements for the functioning of the Secretariat, including its seat;
• Modalities for the operation of the Clearing-House Mechanism:
• Financial rules governing the funding of the COP, the Secretariat, and any subsidiary bodies; and
• Arrangements with the Global Environment Facility to give effect to the relevant provisions on funding.

The discussions were informed by various documents prepared by the Co-Chairs of the Preparatory Commission and the Division for Ocean Affairs and the Law of the Sea, which build on approaches taken by other bodies and processes. Options that were on the table included:

• whether the ordinary meetings of the COP shall be held once every year or every two years;
• whether the COP shall ordinarily meet at the seat of the Secretariat or at UN Headquarters, unless the COP decides otherwise;
• whether the Secretariat should be established as a standalone institution or be linked to an existing organization; and
• how the selection of the seat of the Secretariat should be facilitated.  

Participants also conducted a preliminary exchange of views on the issues for consideration at the second session of the Preparatory Commission: arrangements to enhance cooperation with relevant legal instruments, frameworks, and bodies; reporting requirements; and operationalization of other provisions on financial resources and mechanism.

The first meeting of the Preparatory Commission convened from 14–25 April 2025 at UN Headquarters in New York.

The Earth Negotiations Bulletin writers for this meeting were Jennifer Bansard and Tallash Kantai. The Editor was Pamela Chasek, Ph.D.