On January 17, 2026, the Agreement 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 (the BBNJ Agreement) officially entered into force. Described by the United Nations as a landmark achievement, the Agreement is the first comprehensive, cross-sectoral ocean treaty adopted in decades. Marine scholars interviewed by Voice of the South China Sea noted that its entry into force marks an important step toward collective global action to address marine environmental degradation and restore ocean health, with China’s active leadership expected to play a key role.

“China Has Consistently Played a Leading Role”

“The conclusion of the BBNJ Agreement gives us confidence and hope,” said Muhammad Habib, a researcher at the Department of International Relations, Centre for Strategic and International Studies (CSIS) Indonesia, in an interview with the Voice of the South China Sea. “Even amid current political and economic turbulence, countries are still able to build consensus and demonstrate collective action.”

Such consensus was hard-won. Negotiations on the Agreement began in 2004 and, after 19 years of consultations, it was adopted unanimously by all UN member states on June 19, 2023. As one of the first signatories to the UNCLOS, China participated throughout the BBNJ negotiations and was also among the first countries to sign the Agreement. On December 15, 2025, China deposited its instrument of ratification with the UN Secretary-General and became a Party upon the Agreement’s entry into force.

Helmut Türk, former Vice-President of the International Tribunal for the Law of the Sea, has spoken highly of China’s contribution to the conclusion of the Agreement. He noted candidly that consensus was essential for a project of such global significance, adding that “without China’s strong support, it would have been very difficult for this Agreement to be adopted by consensus.”

Shi Yubing, Professor at the Zhejiang University Guanghua Law School, served as a member of the Chinese delegation and an expert adviser, participating throughout the intergovernmental negotiations on the Agreement as well as the meetings of the Preparatory Committee for the Conference of the Parties. He pointed out that the Agreement represents a major adjustment to the existing ocean order, and that the new rules it establishes will directly affect the interests of all countries. As a result, disputes were intense at the outset, but China consistently played a leading role in the process.

“For example, there were sharp disagreements during the negotiations over whether marine genetic resources in areas beyond national jurisdiction should be subject to the principle of the common heritage of mankind,” Shi explained. Developed Western countries argued that such resources should belong entirely to those who exploit them, while developing countries maintained that marine genetic resources are the common property of humankind and should not be enjoyed only by those with the capacity to extract them. “On this issue, China firmly stood with developing countries. We believe that the rights and interests of all states should be upheld, and that the benefits derived from marine genetic resources obtained from the high seas and the international seabed area should be shared by all humanity. This principle was ultimately incorporated into the Agreement.”

“Effective Implementation of the Agreement Requires Active Compliance by States Parties”

As the third implementing agreement under the framework of the UNCLOS, the BBNJ Agreement aims to conserve and sustainably use marine biodiversity. It focuses on four key areas, namely marine genetic resources, marine protected areas, environmental impact assessments, and capacity building, further establishing legal norms for states’ activities in the deep sea and on the high seas.

In Shi Yubing’s view, although the Agreement has entered into force, much work still lies ahead. “The key to implementing any treaty ultimately lies with the states parties and whether they can genuinely fulfill their obligations,” he said.

Shi noted that states parties need to develop corresponding management frameworks at both the legal and policy levels to guide relevant practices. This task is both critical and demanding. He further pointed out that, unlike the two previous agreements adopted under UNCLOS, the BBNJ Agreement specifically establishes a dedicated Implementation and Compliance Committee. This body will require states parties to submit annual reports on their implementation, thereby supervising, encouraging, and promoting active compliance by all parties.

Türk noted that the Agreement calls for 30 percent of the world’s oceans to be designated as marine protected areas in the future, which is crucial for safeguarding ocean health and will require large-scale global cooperation. He expressed hope that China will continue to make positive contributions to the implementation of the Agreement, saying, “At present, the Agreement exists only on paper, and many details still need to be clarified. I am confident that China will continue to play an active role. Implementing this Agreement will be an important step forward.”

Muhammad Habib, for his part, is optimistic about international cooperation on ocean issues following the Agreement’s entry into force. He emphasized that both landlocked and coastal states have intersecting interests as well as differing demands, and that the key lies in identifying and consolidating common interests and turning them into a foundation for cooperation.

Habib added that China has consistently promoted multilateralism in both concept and practice, and has helped neighboring countries enhance awareness of ocean governance and ecological protection through capacity-building efforts. The Agreement’s formal entry into force will prompt countries to pay greater attention to the sustainable development of the oceans and to pursue shared development through pragmatic cooperation. “I believe this is the way forward,” he said.