Malaysia And The Un High Seas Treaty What S Next

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KUALA LUMPUR: The third United Nations Ocean Conference (UNOC3), now underway in Nice, France, has brought together around 200 world leaders to tackle urgent challenges facing the world’s oceans.
Running from June 9 to 13, the summit aims to accelerate global action to protect marine ecosystems and promote the sustainable use of ocean resources - a timely moment as Malaysia weighs whether to ratify the new UN High Seas Treaty.
Following previous conferences in New York (2017) and Lisbon (2022), this year’s summit - the world’s largest ocean-focused gathering - is held under the theme ‘Accelerating Action and Mobilising All Actors to Conserve and Sustainably Use the Ocean.’
The summit aims to strengthen protection and sustainable use of oceans, seas and marine resources, particularly by advancing implementation of Sustainable Development Goal 14 (SDG 14): Life Below Water.
The conference is also focused on three core objectives: conserving marine biodiversity, eliminating harmful fisheries subsidies, and advancing the global ‘30 by 30’ target.
(The 30 by 30 target, a key element of the Kunming-Montreal Global Biodiversity Framework adopted in 2022, seeks to protect at least 30% of the world’s land and 30% of its oceans by 2030. This target, officially referred to as Target 3 within the Framework, is part of a larger effort to address biodiversity loss and achieve a world living in harmony with nature by 2050.)
Yet today, only 2.7% of the world’s oceans are effectively protected from extractive activities, according to the Marine Conservation Institute - far short of the 30 by 30 goal.
With mounting pressure on marine and coastal ecosystems - now increasingly visible both for marine life and for the communities that depend on them - UNOC3 is seen as a critical milestone in reviving international cooperation and boosting collective action for the ocean.
One key priority is to secure at least 60 national ratifications needed to bring into force 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, also known as the BBNJ Agreement or High Seas Treaty.
Adopted on June 19, 2023, the High Seas Treaty aims to protect the high seas - waters beyond countries’ exclusive economic zones (EEZs), which extend up to 370 nautical miles from shore - and safeguard marine ecosystems in these international waters.
The treaty also contains provisions for countries to share marine genetic resources collected through scientific research in international waters.
As of June 10, 2025, 49 countries have ratified the BBNJ Agreement - with Singapore the only Asean country among them - according to the High Seas Alliance Treaty Ratification Progress. The deadline to reach the 60-country threshold is Sept 20.
Malaysia signed UNCLOS on Dec 10, 1982, and ratified it on Oct 14, 1996 - but has yet to sign or ratify the High Seas Treaty.
Universiti Sains Islam Malaysia's Faculty of Syariah and Law, International Law Unit Coordinator Assoc Prof Dr Mohd Hazmi Mohd Rusli, said the treaty represents a valuable opportunity for Malaysia to continue playing a leadership role in global environmental diplomacy, as one of the world’s 17 megadiverse countries.
Malaysia has historically played an active leadership role in biodiversity-related multilateral agreements, he said, citing the country’s push for the Convention on Biological Diversity (CBD) in 1994 and the Nagoya Protocol on Access to Genetic Resources.
The treaty could help protect oceans from environmental degradation caused by deep seabed mining (DSM) for metals such as silver, gold, copper, manganese, cobalt, and zinc, he added.
"DSM activities in the high seas can affect fish stocks, ocean health - and their impacts can even reach our own waters.
"With the Environmental Impact Assessments (EIAs) mandated under the treaty, there will be stronger protections for marine ecosystems, which are essential for both our food security and long-term ocean health," he told Bernama in an email interview.
He noted that the treaty also promotes fair benefit-sharing from marine genetic resources found in international waters.
"As a developing country, Malaysia stands to benefit from capacity building, technology transfer, and having a voice in how these resources are used and shared," he said.
However, Mohd Hazmi cautioned that delaying treaty ratification could damage Malaysia’s international reputation and weaken its position on sustainable ocean governance.
"Especially when countries like Singapore are moving forward (already ratified the high seas treaty).
"We should not follow the United States (US) example of failing to ratify UNCLOS - a treaty now widely regarded as customary international law.
"The High Seas Treaty, while not yet universally followed, complements UNCLOS by focusing on marine biodiversity in areas beyond national jurisdiction," he added.
WWF-Malaysia Policy Lead, Shantini Guna Rajan, said that as pressures on ocean ecosystems continue to grow, Malaysia’s support for the treaty would signal its commitment to addressing key gaps in global ocean governance.
As a maritime nation, Malaysia’s commitment to the High Seas Treaty would also create opportunities for international collaboration and capacity-building in ocean governance and sustainability, she said.
"It would solidify Malaysia’s leadership in marine conservation and sustainable development, while demonstrating its commitment to collaborative, multilateral solutions to the global crises of climate change, biodiversity loss, and ocean pollution," she said.
She also highlighted the treaty’s Access and Benefit-Sharing (ABS) provisions, which aim to ensure that all parties - particularly developing nations - receive fair and equitable benefits from marine genetic resources (MGRs) found in the high seas.
"These resources have potential applications in medicine, biotechnology, and agriculture - but until now have largely been accessed freely by a small number of technologically advanced states.
"The ABS mechanism mandates the sharing of both monetary benefits (such as royalties and licensing fees) and non-monetary benefits (including scientific knowledge, capacity building, and technology transfer).
"This fosters greater global equity, supports innovation through collaborative research, and ensures that the economic gains from the high seas are shared in a manner that contributes to sustainable development and global scientific progress," she said.
Dr Khaira Ismail, Deputy Director of the Blue Economy Advancement Centre (UMTBEACON) at Universiti Malaysia Terengganu, said that while Malaysia’s jurisdiction does not extend to the high seas, the environmental impact assessment (EIA) framework under the BBNJ treaty can help safeguard marine ecosystems - including those within Malaysia’s own waters - by protecting ocean health at a transboundary level.
"Due to the interconnected nature of ocean ecosystems, activities in areas beyond national jurisdiction (ABNJ) can still affect regional biodiversity and migratory species that traverse into Malaysian waters.
"Supporting a standardised, transparent framework for EIAs on the high seas allows Malaysia to advocate the precautionary principle and contribute scientific expertise - particularly through our research institutions - to help protect ocean health in a transboundary context,” she said.
She noted that the ocean covers nearly 70 per cent of the Earth’s surface and is home to extraordinary biodiversity and natural resources that are vital for the planet’s climate and economy.
"Yet, beyond national borders, efforts to protect the ocean have historically been fragmented and insufficient."
Malaysia, she added, does not lack the expertise, capability, or legal legitimacy to be influential in ABNJ governance.
"Our scientists, legal experts, and diplomats are well-positioned to make meaningful contributions. What we lack is not capacity - but a sense of urgency, political prioritisation, and a coherent policy framework.
"Engaging with the BBNJ treaty is not about short-term gains, but about securing long-term influence and ensuring our national interests are reflected in how shared ocean spaces are governed. Sitting on the sidelines is not a strategy,” she said.
She said the BBNJ treaty provides a platform for developing countries like Malaysia to help shape fair and inclusive governance rules for MGRs.
"Malaysia’s participation can ensure that benefit-sharing mechanisms under the treaty consider the needs of capacity-limited countries, while also promoting scientific collaboration, access to data, and fair technology transfer.
"This positions Malaysia not just as a user of such resources, but also as an advocate for equitable governance,” she said.
UMT's Faculty of Maritime Studies senior lecturer, Dr Izyan Munirah Mohd Zaideen emphasised that if Malaysia were to commit to the High Seas Treaty, it should first adopt a National Ocean Policy (NOP) to centralise maritime and marine governance.
"Malaysia is a maritime nation strategically located along key international shipping routes linking the Indian and Pacific Oceans, and is surrounded by vital marine resources that support coastal communities and national food security.
"Malaysia should intensify efforts to utilise these advantages sustainably and strengthen its standing as a leading maritime nation.
"However, it must be noted that the government currently lacks an inclusive strategy or specialised framework to oversee ocean activities effectively,” she told Bernama recently.
She said the existing sectoral approach to ocean governance has resulted in jurisdictional overlaps and fragmented legal provisions, with multiple agencies overseeing different aspects of ocean activity.
"Better coordination of ocean and coastal resource management is critical for balancing development and economic activity with environmental protection.
"Establishing a NOP should be the foundation for comprehensive ocean governance - and should come before committing to any new international agreement, including the High Seas Treaty,” she stressed. - Bernama

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