The following article is part of a series of reflections on the 2025 New Directions in Environmental Law Conference, also known as NDEL. On February 15, 2025, scholars, practitioners, students, and policymakers convened at Yale Law School to analyze changes and emerging issues in environmental law. The series covers the keynote speaker and each panel from NDEL and is written by Student Reporter attendees. Alysia LeComte and Julianne Frey guided Student Reporters, NDEL Committee Members, and 2L students at the Elisabeth Haub School of Law at Pace University.
Student reporters Zhanelyn Joy Cacho, Wayland Fong, and Carla Melaco prepared this edited summary of the panel “New Directions in Ocean Law: International Ocean Governance” featuring panelists Gabrielle Carmine, Duke University; Kristina Maria Gjerde, International Union for Conservation of Nature; Tamara Thomas, Ocean Ties; and moderated by Steve Roady, Duke Law School.
The panel discussed current and future ocean governance challenges, focusing on critical issues such as biodiversity protection, the Biodiversity Beyond National Jurisdiction (BBNJ) Treaty, overfishing, climate change, and marine research.
The Ocean’s Crucial Role in Climate and Biodiversity
The ocean is one of the planet’s most important ecosystems, pivotal in regulating the global climate and supporting biodiversity. Steve Roady, Senior Lecturing Fellow at Duke Law School and Professor of the Practice of Marine Science and Conservation at Duke University’s Nicholas School of the Environment, explained that the ocean, as the largest active carbon sink, absorbs significant amounts of carbon dioxide and heat, mitigating the impacts of climate change. The high seas, covering nearly half the planet, host rich and interconnected ecosystems vital for marine life and global food security. Professor Roady highlighted that in addition to its climate mitigation and biodiversity, the ocean is a crucial source of pharmaceuticals and provides one-sixth of the world’s protein supply.
The ocean holds great scientific and economic opportunities, including monetary and non-monetary benefits. Yet, the panelists agreed that ocean ecosystems remain underappreciated, understudied, and increasingly overexploited and threatened by human activities. The ocean ecosystem is currently under stress, and recent decades have seen dramatic declines in fish, shark, and coral species. The panel emphasized that international action is needed to protect the ocean and its precious role in life on Earth.
The BBNJ Treaty and Ocean Governance
The Biodiversity Beyond National Jurisdiction (BBNJ) treaty aims to protect biodiversity in areas of the ocean that fall outside national jurisdiction, commonly known as the high seas. In her introduction to BBNJ, Kristina Maria Gjerde, a High Seas Policy Advisor for the International Union for Conservation of Nature Global Marine and Polar Program, explained that the main goals of BBNJ are to establish robust governance frameworks, safeguard marine ecosystems, and promote international cooperation to ensure the long-term health of ocean biodiversity.
Ms. Gjerde and Professor Roady introduced the concept of Areas Beyond National Jurisdiction (ABNJ), the parts of the ocean that lie beyond the territorial waters or exclusive economic zones (EEZ) of any one country. The treaty provides a legal foundation for conservation efforts in ABNJ, which makes up 95% of the Earth’s habitable space. One of the treaty’s key provisions focuses on Area-Based Management Tools, including marine protected areas (MPAs). MPAs in ABNJ will be essential to enable nations to reach the “30 by 30” goal, aiming to protect 30% of the global ocean by 2030. This ambitious target is designed to halt the ongoing decline in marine biodiversity and enhance ocean resilience.
Additionally, the treaty establishes the requirement for Environmental Impact Assessments (EIA) for any new activities that might affect marine ecosystems, ensuring that potential harms are carefully evaluated before they occur. Notably, the EIA section of the treaty was subject to the longest, most detailed negotiation among parties. EIAs aim to encourage accountability and formulate standards and guidelines.
Another prominent feature of the treaty is the provisions for capacity-building initiatives to conserve and sustainably use marine biodiversity in areas beyond national jurisdiction. For example, the treaty includes provisions for financial support from developed nations to help developing countries participate fully in conservation efforts. Funding is crucial to enable the enactment of the treaty and its goals.
A fourth pillar establishes mechanisms to share the benefits related to marine genetic resources derived from organisms in ABNJ. This section of the treaty seeks to promote equitable access to marine genetic materials and ensure that discoveries and innovations derived from these resources contribute to global scientific progress and benefit all nations.
Overall, BBNJ emphasizes cooperation and accountability among nations, industries, and other stakeholders to promote collective action in preserving marine biodiversity. The treaty encourages all parties to take responsibility for their environmental impact and provides the procedural tools to do so. It also promotes equity and highlights the importance of traditional knowledge.
Tamara Thomas, Executive Director of Ocean Ties, emphasized that the road to ratification of the BBNJ Treaty is critical, as it marks a significant step toward global ocean conservation. Ratification is especially important at this moment because the health of the world’s oceans is rapidly deteriorating. Without a legally binding framework, efforts to protect marine biodiversity may fall short of full realization.
However, the process of domestication—implementing the treaty’s provisions into national law—presents several challenges. One key issue is the tension between developed and developing countries. Developed nations are hesitant to ratify it, which may stem from concerns about potential limitations on their access to valuable marine resources, financial commitments to support capacity-building and technology transfer for developing nations, or restrictions on their strategic operations in international waters. This reluctance highlights the challenges of balancing national interests with the need for global cooperation to protect and sustainably manage the high seas.
As of March 2025, 112 countries have signed the treaty, but only 20 have ratified it, with 60 ratifications needed for the treaty to enter into force. Palau led the charge as the first nation to sign, signaling a commitment to ocean conservation. History suggests that treaties of this scale take time: the United Nations Convention on the Law of the Sea (UNCLOS)—which represented a paradigm shift in our sentiment towards obligations to protect and conserve the ocean—took 12 years to gain enough support to enter into force.
Expanding the Conversation: Broader Issues in Ocean Governance
Overfishing and Industrial Fishing
Industrial fishing has profoundly impacted marine ecosystems, contributing to the depletion of fish populations and disrupting the delicate balance of ocean biodiversity. Illegal, unreported, and unregulated (IUU) fishing remains a key challenge, placing pressure on marine biodiversity and threatening the long-term health of fisheries. In addition, the widespread use of industrial-scale fishing gear has led to alarming rates of bycatch, where non-target species such as sharks, dolphins, and seabirds are inadvertently caught and killed. Furthermore, equipment like trawls releases large amounts of stored carbon dioxide from the ocean floor.
Efforts to address overfishing and promote sustainable fisheries management have gained momentum in recent years. Regional Fisheries Management Organizations (RFMOs) play a crucial role in regulating fishing practices and enforcing conservation measures, but gaps in governance remain. Gabrielle Carmine, PhD Candidate at Duke University, discussed how emerging technologies, including geospatial monitoring and satellite surveillance, are helping to improve transparency in the fishing industry by providing real-time data on vessel movements. However, overfishing will remain a significant threat to ocean health without stronger enforcement mechanisms and global cooperation.
Seabed Mining and Pollution
The prospect of extracting minerals from the ocean floor is raising serious concerns about its impact on marine life. Deep-sea mining—often in remote, largely unexplored areas—threatens fragile deep-sea ecosystems. Scientists warn that sediment plumes, habitat destruction, and noise pollution from mining operations could have long-lasting and widespread effects on biodiversity, especially for species uniquely adapted to the deep sea. As interest in these resources grows, so does the need for careful regulation and a better understanding of the risks involved. UNCLOS charges the International Seabed Authority (ISA) with the dual mission of facilitating deep-sea mining while at the same time ensuring the protection of the marine environment. The ISA is designing regulations for this purpose, but fundamental issues remain unresolved, including the need for baseline information and environmental assessments.
Legal and Technological Innovations in Ocean Conservation
Legal Frameworks and International Law
The way we manage the ocean is not guided by a single rulebook but rather a web of international agreements. At the heart of it all is UNCLOS, which lays out the rights and responsibilities of countries regarding the use and protection of marine resources. However, due to the perceived absolute freedom of the high seas, there were no protections in place for these vast areas that are not controlled by any nation. Building on the foundation of UNCLOS, BBNJ introduces new tools to help conserve ABNJs, ensuring the vast and vital waters of the high seas are not left unprotected.
Fishing regulations and sustainability efforts are essential to protecting our oceans, but implementing these rules is not always easy. RFMOs and sectoral agreements help oversee fishing activities, ensuring resources are used responsibly. However, as Tamara Thomas discussed, enforcement and compliance remain ongoing challenges due to a multitude of factors. Strengthening legal frameworks and fostering collaboration between international regulatory bodies will be crucial in safeguarding marine ecosystems and securing the long-term health of our oceans.
The Role of Technology in Monitoring and Enforcement:
Cutting-edge geospatial technology and satellite surveillance are revolutionizing how we monitor and protect ocean resources. Tools like those employed by Global Fishing Watch offer close to real-time tracking of fishing vessels, allowing authorities to spot potential violations and enforce regulations more effectively. With these advancements, we have a better chance of safeguarding marine ecosystems and ensuring that fishing practices remain sustainable for future generations.
Looking to the Future
Global cooperation, strong legal frameworks, technological innovation, and community engagement are critical to effectively achieving BBNJ’s aims. To secure the future of our oceans, national governments, regulatory bodies, and industry players will need to work collaboratively to find nexus points between these factors to preserve the ocean, its biodiversity, and its critical role in human and planetary health.
The high seas are among the last great frontiers of our planet, teeming with biodiversity and playing a vital role in maintaining ecological balance. Yet, these vast and largely unregulated waters face mounting threats from overfishing, habitat destruction, and climate change. The BBNJ Treaty represents a crucial step toward addressing these challenges, offering a framework to advance coordination by bringing government bodies, NGOs, fishing, mining, and other stakeholders to recognize that biodiversity and climate crises must be addressed cohesively.
However, its success will depend on more than just agreements—it requires sustained commitment from nations to implement and enforce its provisions. With ongoing coordination and collaboration, states can achieve both mutual respect and progress for the state of ocean life. In this way, the treaty can act as a mechanism to protect marine life in areas beyond national jurisdiction on behalf of present and future generations.
The panelists emphasized that safeguarding the ocean’s long-term health will demand a multifaceted approach. Expanding MPAs, strengthening enforcement mechanisms, and supporting sustainable economic practices are essential to preserving biodiversity and the livelihoods that depend on it. Equally important is fostering global collaboration and knowledge-sharing, ensuring conservation efforts are guided by science, traditional knowledge, and collective responsibility. By prioritizing ocean stewardship and embracing innovative solutions, the international community has the opportunity to secure a thriving and resilient marine environment for generations to come.