BBNJ Agreement: Innovations in International Law and Implications for Thailand

Abstract

          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 (BBNJ Agreement) constitutes a significant development and an innovative advancement in international law. It is the first treaty specifically designed to govern the management of biological resources in the high seas and the deep seabed—areas beyond national jurisdiction over which no State exercises sovereignty. The Agreement is grounded in the principle of the “common heritage of humankind” and in the broader concept of international equity, particularly with respect to the fair access to and equitable sharing of the world’s biological resources.

          The substantive framework of the Agreement is structured around four principal pillars: 1) Marine Genetic Resources (MGRs), including questions relating to access and benefit-sharing, as well as Digital Sequence Information (DSI). This pillar represents a notable legal innovation, establishing benefit-sharing mechanisms unprecedented in scope, including the sharing of samples, data, genetic sequences, and scientific knowledge at the global level; 2) Area-Based Management Tools (ABMTs), including Marine Protected Areas (MPAs), designed to enhance conservation and sustainable use through spatial governance measures; 3) Environmental Impact Assessments (EIAs) and Strategic Environmental Assessments (SEAs), which introduce structured procedural obligations to assess potential environmental consequences of activities in areas beyond national jurisdiction; and 4) Capacity-Building and the Transfer of Marine Technology (CB&TT), aimed at strengthening the capabilities of developing States to participate effectively in the implementation of the Agreement.

          In addition, key institutional mechanisms, such as the Clearing-House Mechanism (CHM), established to facilitate information-sharing, and the Capacity-Building and Transfer of Marine Technology Committee (CB&TT Committee), have been designed to provide tangible support to developing States.

          In the context of Thailand, the BBNJ Agreement presents an opportunity to expand the country’s role in multilateral diplomacy, to promote future economic utilization of marine resources, and to strengthen national capacity in marine science and technology. It is also consistent with the Master Plan under the National Strategy (2023–2037) in the field of foreign affairs, which emphasizes cooperation towards the Sustainable Development Goals and the governance of natural resources in accordance with principles of good governance.

          On 27 March 2025, the Cabinet of Thailand approved the signing of the BBNJ Agreement and endorsed the necessary measures to advance Thailand’s accession process. These measures include the establishment of a committee to examine treaty obligations and prepare for accession, as well as seeking capacity-building support from the Global Environment Facility (GEF). Subsequently, on 17 April 2025, the Permanent Representative of Thailand to the United Nations in New York signed the BBNJ Agreement, making Thailand the 113th signatory. This reflects Thailand’s political commitment to promoting its role as a contributor to the development of international norms for the sustainable and equitable governance of global resources.

          At present, Thailand is not yet a Party to the Agreement. The relevant agencies will undertake comprehensive consultations within the framework of the Committee established by the Cabinet. The objective is to formulate appropriate recommendations, including an assessment of the necessity to amend or enact domestic legislation, so as to ensure that Thailand is able to derive the maximum benefit from the various mechanisms established under the BBNJ Agreement, prior to expressing its consent to be bound and acceding as a Party.