ISS urges Africa to shape high seas treaty rules at COP1

The ISS piece of 29 October focuses on the first conference of the parties to the BBNJ Agreement, which governs marine biodiversity beyond national jurisdiction. This high seas treaty covers roughly two-thirds of the ocean. It passed the 60-ratification threshold and entered into force on 17 January; COP1 meets in New York on 11–22 January 2027. The authors argue that early procedural decisions, such as the secretariat, subsidiary bodies and funding rules, tend to stick. They cite Africa's rejection of an opaque process at the 1999 WTO ministerial in Seattle as a precedent.

According to the piece, Africa has 22 of the 104 parties, a 21% share. Because a new ratification takes effect 30 days after deposit, countries wishing to attend COP1 as parties must deposit their instruments by 12 December. Otherwise 32 African countries will have no say over the rules on finance, data and reporting. If consensus fails, decisions are taken by a two-thirds secret ballot, while benefit-sharing from marine genetic resources requires a three-quarters majority. A quarter of the members can block a 75% vote, and a third can block a two-thirds vote.

The authors highlight four decisions: the seat of the secretariat, for which China, Chile and Belgium are bidding; whether the Scientific and Technical Body can be elected at COP1; a proposed 35-member committee for the Special Fund, to be set up separately from the Global Environment Facility, and its rules; and whether genetic resources are treated as the 'common heritage of humankind'. The piece notes that the Convention on Biological Diversity's Cali Fund has received only 6,000 dollars from 2 companies since February 2025. Its recommendations are coordination among 4 regional seas conventions and expert capacity that can survive diplomatic rotation.