Key Insights on Liberia’s Ratification of the BBNJ Agreement: A New Chapter for regional leadership on ocean governance

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ADNews-Monrovia, Liberia: On June 10, 2025, Liberia officially ratified the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biodiversity Beyond National Jurisdiction, following consensus from both the House of Representatives and the Senate. This ratification puts Liberia on the list of countries pushing for robust protection of nearly two-thirds of the world’s oceans, which are home to millions of species and ecosystems. In depositing its ratification instrument to the Agreement at the UN Ocean Conference in Nice, France, Liberia describes the Agreement as part of its early step to protect 30% of the world’s high sea and further branded itself as the newest “guardian of West African Ocean”.  Just this week alone, an additional 18 countries, Liberia among them, have ratified the Agreement, leaving only 11 more to reach the requisite 60 ratifications for it to come into force.

By John Saylay SINGBAE II

Understanding the BBNJ Agreement

Adopted in June 2023, the High Seas Treaty, or BBNJ Agreement, represents a significant advancement in international conservation efforts.  This treaty serves as a legally binding instrument under the United Nations Convention on the Law of the Sea (UNCLOS), addressing the pressing need for the conservation and sustainable utilization of marine biological diversity in areas beyond national jurisdiction, commonly known as the high seas. UNCLOS, internationally considered as the “constitution of the Ocean’’, has proved to be particularly successful in establishing a normative framework for maintaining global order on the ocean. As one of the longest and most ambitious multilateral agreements ever concluded, UNCLOS has been a rubric convention for issues relating to the ocean and has also been substantially enhanced by the development of subsequent agreements to address specific issues arising under the Convention, such as, fisheries,( UNFSA, 2001.), marine genetic resources,(Agreement on Part XI, 1994.) and the continental shelf.(CCS, 1958). However, the UNCLOS text, typical of those of a constitution, is insufficient to address all contemporary issues confronting our ocean. This is because during the negotiations of the Convention, many of the activities that exponentially threaten our oceans today were either obscured due to a lack of scientific certainty, or there was no political will among states to address them at all. Contemporary stressors on the ocean, such as climate change, exploitation of marine genetic resources, and geo-prospecting, were somehow impossible to regulate due to the lack of technologies. Nowadays, advancements in science and technology coupled with environmental consciousness have exposed significant deficiencies in the current ocean governance regime, especially in areas beyond national jurisdiction. Indeed, the vast majority of some of the vital yet critically endangered parts of the Earth have remained unprotected.

The Significance of Protecting Areas Beyond National Jurisdiction

The expansive body of water, situated beyond the jurisdiction of modern states, comprises approximately 64% of the Earth’s total ocean area and nearly half of the planet’s overall surface. In addition to its unique ecosystem, it functions as a protective barrier, reducing the severe impacts of climate change by absorbing excess carbon dioxide and heat from the Earth’s atmosphere. Related to this, it also encompasses nearly half of the Earth’s surface, accounting for a significant amount of the world’s biodiversity.  As a result of the lack of effective protection of this vital part of our ocean, marine ecosystems, in particular those in ABNJ, have been left vulnerable to threats resulting from resource exploitation, especially industrial-scale fisheries, deep seabed mining, and pollution from ships.

The recognition of these lacunae in the existing UNCLOS regime, coupled with the urgency to address the rapid decline in marine biodiversity beyond national jurisdiction, was the chief motivation behind states’ decision to finalize a more coherent framework that would protect the vast majority of the ocean. Generally, the BBNJ Agreement seeks to address the protection of the marine environment, fair and equitable sharing of benefits from marine genetic resources, capacity building, and technology transfer. In the context of the protection of marine biological diversity, the Agreement introduces two mechanisms to tackle their degradation in ABNJ, or at least minimize the effects of human activities on vulnerable ecosystems. These mechanisms include area-based management tools, including marine protected areas, and environmental impact assessments for activities in ABNJ.

Why is Liberia’s ratification critical?

As a party to UNCLOS and the world’s largest flag state, Liberia’s ratification of the BBNJ Agreement is not ordinary. Instead, it represents a critical commitment from a state that wields both enforcement and legislative jurisdictions over roughly 17% of the world’s ocean-going fleets. Notably, some of these fleets operate in regions beyond national jurisdiction, where the BBNJ Agreement is primarily applicable. At the same time, Liberia sits as A Council member, the executive body of the International Maritime Organization responsible for supervising the IMO’s works under the Assembly. Currently, Liberia also chairs the Marine Environmental Protection Committee, another principal body of the IMO tasked with addressing critical environmental issues in the maritime sector. In this respect, Liberia can leverage its global maritime prominence to champion the BBNJ Agreement and become a critical voice for the protection of the marine environment from vessel-sourced pollution. Beyond its global maritime prominence, Liberia has also recently been elected to the helm of global governance – the United Nations Security Council.

While the primary role of the UNSC is the maintenance of international peace and security, many Security Council members view climate change and marine pollution as a security threat worthy of the Council’s attention. This argument stems from the fact that climate change directly impacts global peace and security by exacerbating existing conflicts and creating new ones. With climate change having a far-reaching impact on biodiversity, the need for the Council’s urgent attention cannot be overstated. Through its participation in that forum, Liberia can position itself as a voice for developing countries that are disproportionately bearing the cost of climate change, marine pollution and the rapid decline in biodiversity.

In addition to  Liberia’s global leadership, the ratification of the BBNJ Agreement also holds great potential for national development. Liberia has a promising fisheries sector, offering employment opportunities and contributing to food security for its citizens. With Liberia’s population closely linked to its 350-mile coastline, the BBNJ emerges as a crucial intervention to tackle the sharp decrease in essential marine resources. Ultimately,  the decline in marine resources in areas beyond national jurisdiction has significant implications for the marine living resources that fall under national jurisdiction. These resources are predominantly located within the exclusive economic zone of the coastal state. Thus, the interconnectedness of these ecosystems necessitates not only international cooperation for their protection but also calls for increased action from coastal states to realize their rights under UNCLOS to exploit and explore marine resources within 200 nautical miles seaward of their coasts.

Liberia is furthermore expected to benefit from the Agreement’s capacity-building mechanism.  This mechanism is essential for ensuring that all countries, regardless of their level of development, participate effectively in the conservation and sustainable use of marine resources in the high seas. In other words, underdeveloped states, such as Liberia, could also take advantage of this mechanism to equip their nationals to actively participate in activities in ABNJ.  Further to this, the Agreement presents an opportunity for economic diversification, as it advances marine genetic scientific knowledge, including a provision for setting up a notification system to make information available through a clearinghouse mechanism at every stage of accessing marine genetic resources (MGRs). These provisions also extend to MGRs and digital sequence information (DSI) collected or generated before the BBNJ enters into force, except if a State declares otherwise. So, the BBNJ Agreement can allow Liberia to access old samples from marine scientific research and samples collected under the Agreement, including opportunities to engage in research projects and access to databases, and repositories

In short, Liberia’s ratification of this instrument signifies a substantial commitment to global ocean governance.  Moving beyond mere symbolic diplomacy, this ratification presents an opportunity for national development and the global renown that Liberia so dearly desires. The question of whether these potentials will yield tangible benefits in the upcoming years remains a discussion for another day.

About the Author

John Saylay SINGBAE II, LL.L (UCA), LLM(UCT), LLD(NMU), is a researcher in Ocean Governance and international Law. Currently, a Lecturer in the Department of Aquaculture and Fisheries Sciences (DOFAS), he also leads a committed team of climate and ocean professionals at the Cavalla Institute of Ocean Governance, advancing ocean literacy and its connection to the blue economy in Liberia.