[10] MARINE BIODIVERSITY BEYOND NATIONAL JURISDICTION (BBNJ) AND THE INDO-PACIFIC: EMERGING LEGAL CHALLENGES AND OPPORTUNITIES FOR SUSTAINABLE OCEAN GOVERNANCE

How to Cite the Article: Mehar Sandhu (2026). Marine Biodiversity Beyond National Jurisdiction (BBNJ) and the Indo-Pacific: Emerging Legal Challenges and Opportunities for Sustainable Ocean Governance. International Journal of Multidisciplinary Research & Reviews, 5(7),103-116. https://doi.org/10.56815/ijmrr.v5i7.2026.103-116

Abstract

The conservation and sustainable use of marine biodiversity beyond national jurisdiction (BBNJ) has emerged as one of the most significant developments in contemporary international maritime law. Areas beyond national jurisdiction (ABNJ), comprising the high seas and the international seabed Area, account for nearly two-thirds of the world's oceans and contain ecologically significant ecosystems that support global biodiversity, climate regulation, and marine productivity. Despite their ecological importance, these areas have historically been governed through fragmented legal and institutional mechanisms that proved inadequate to address emerging challenges such as biodiversity loss, climate change, overfishing, marine pollution, and the exploitation of marine genetic resources. The adoption of 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 (BBNJ Agreement) in 2023 represents a landmark achievement in strengthening international ocean  governance. The Indo-Pacific occupies a central place in the implementation of the BBNJ Agreement because it encompasses some of the world's richest marine ecosystems, major sea lines of communication, and rapidly expanding blue economy initiatives. Simultaneously, the region faces growing environmental degradation and intensifying geopolitical competition, making biodiversity conservation increasingly complex. This article examines the evolution of the international legal framework governing marine biodiversity beyond national jurisdiction and analyses the implications of the BBNJ Agreement for the Indo-Pacific. It further evaluates the legal, institutional, and geopolitical challenges associated with implementing the Agreement and assesses India's role in promoting sustainable ocean governance. The paper argues that while the BBNJ Agreement provides an important legal foundation for protecting marine biodiversity, its effectiveness will depend on strengthened regional cooperation, scientific capacity, equitable benefit-sharing, and sustained political commitment among Indo-Pacific states.