Malaysia And The UN High Seas Treaty: What’s Next?

Nice: 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.

According to BERNAMA News Agency, following previous conferences in New York (2017) and Lisbon (2022), this year's summit 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 per cent of the world's land and 30 per cent of its oceans by 2030. Yet today, only 2.7 per cent 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, UNOC3 is seen as a critical milestone in reviving international cooperation 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 and safeguard marine ecosystems in these international waters.

As of June 10, 2025, 49 countries have ratified the BBNJ Agreement - with Singapore the only ASEAN country among them. The deadline to reach the 60-country threshold is September 20.

Malaysia signed UNCLOS on December 10, 1982, and ratified it on October 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.

WWF-Malaysia Policy Lead, Shantini Guna Rajan, stated 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 create opportunities for international collaboration and capacity-building in ocean governance and sustainability.

Dr Khaira Ismail, Deputy Director of the Blue Economy Advancement Centre at Universiti Malaysia Terengganu, emphasized that while Malaysia's jurisdiction does not extend to the high seas, the environmental impact assessment framework under the BBNJ treaty can help safeguard marine ecosystems by protecting ocean health at a transboundary level.

Dr Izyan Munirah Mohd Zaideen from UMT's Faculty of Maritime Studies stressed that if Malaysia were to commit to the High Seas Treaty, it should first adopt a National Ocean Policy to centralize maritime and marine governance. 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.