MALAYSIA has yet to ratify the High Seas Treaty, formally known as the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, despite mounting calls for stronger international cooperation to protect marine ecosystems.
The third United Nations Ocean Conference (UNOC3), currently underway in Nice, France from 9 to 13 June, has brought together nearly 200 world leaders to address the urgent state of ocean health under the theme “Accelerating Action and Mobilising All Actors to Conserve and Sustainably Use the Ocean.”
Bernama cited today that a central focus of the summit is to secure the 60 ratifications required to bring the BBNJ Agreement into force. As of May 2025, only 49 countries had ratified the treaty, with Singapore being the sole ASEAN member to do so. The deadline to reach the threshold is 20 September 2025.
The treaty, adopted in June 2023 under the United Nations Convention on the Law of the Sea (UNCLOS), seeks to conserve biodiversity in international waters—those beyond national Exclusive Economic Zones (EEZs)—and establish a framework for equitable sharing of marine genetic resources obtained from the high seas.
Malaysia signed UNCLOS in 1982 and ratified it in 1996 but has yet to sign or ratify the BBNJ Agreement.
Associate Professor Dr Mohd Hazmi Mohd Rusli of the International Islamic University Malaysia argues that UNOC3 presents Malaysia with a timely opportunity to demonstrate leadership in global environmental diplomacy.
“As one of the world’s 17 megadiverse countries, Malaysia has historically played a key role in biodiversity agreements, including the Convention on Biological Diversity and the Nagoya Protocol,” he said.
He noted that the BBNJ Agreement is crucial for mitigating environmental degradation caused by activities such as deep-sea mining.
“High seas activities like deep-sea mining can disrupt fish stocks, harm ocean health, and affect our waters. By requiring Environmental Impact Assessments under the treaty, we can better safeguard marine ecosystems and support long-term food security,” he said.
He further stressed that as a developing nation, Malaysia stands to benefit from provisions on access and benefit-sharing (ABS) of marine genetic resources.
“This includes fair access to capacity-building, technology transfer, and a voice in how these resources are used,” he said, warning that delayed ratification could weaken Malaysia’s environmental credibility.
“Singapore has already ratified the treaty. If Malaysia lags behind, we risk losing influence in shaping sustainable ocean governance,” he said, emphasising that unlike UNCLOS, the High Seas Treaty is not yet considered customary international law.
Shantini Guna Rajan, Head of Policy at WWF-Malaysia, echoed the urgency for Malaysia’s endorsement.
“With mounting pressure on marine ecosystems, Malaysia’s support for this treaty would signal its readiness to address global governance gaps and pursue cooperative solutions to crises such as climate change, biodiversity loss, and ocean pollution,” she said.
She added that the treaty’s ABS mechanisms ensure that developing nations receive both monetary and non-monetary benefits from marine genetic resources, including royalties, licensing fees, shared research, and technology access.
“This will help promote global equity, scientific advancement, and sustainable development,” she said.
Dr Khaira Ismail, Deputy Director at the Centre for the Advancement of Blue Economy (UMT BEACON), noted that although Malaysia has no jurisdiction over the high seas, the treaty’s EIA framework could protect biodiversity within national waters due to the interconnected nature of ocean ecosystems.
“Activities beyond national borders can still affect migratory species and regional biodiversity. Supporting a consistent and transparent EIA framework enhances marine health across boundaries,” she said.
She highlighted Malaysia’s scientific and legal capacity, arguing that what is lacking is political will and a comprehensive national strategy.
“Engagement with the BBNJ Agreement is not about short-term returns but about securing long-term influence and ensuring our interests are represented in how the global commons are managed. Watching from the sidelines is not a strategy,” she added.
Dr Izyan Munirah Moh Zaideen, a senior lecturer at Universiti Malaysia Terengganu, stressed that before Malaysia commits to the treaty, it should first establish a National Ocean Policy (NOP) to unify its fragmented marine governance.
“As a maritime nation strategically located along key shipping routes, Malaysia must optimise and manage its marine assets sustainably. However, current sectoral management by multiple agencies has led to overlaps and legal fragmentation,” she said.
She argued that a unified policy would balance development with conservation and strengthen Malaysia’s role in regional and international marine diplomacy.
“The NOP should be the foundation for any meaningful commitment to international agreements like the High Seas Treaty,” she added. - June 11, 2025
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