By: Dionísio Babo Soares (personal opinion)
The Land and Maritime Boundary Office (LMBO) of Timor-Leste will host the second Dili International Conference on the Law of the Sea. This conference will be held from 15-16 May 2025 in Dili, the capital of Timor-Leste. One of the sub-topics planned to be discussed is the High Seas Treaty, formally known as the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement. The question is, what is the importance of BBNJ for Least Developed Countries (LDCs) such as Timor-Leste? This article tries to address this question and answer some questions surrounding the topic.
As a small island nation with limited natural resources, Timor-Leste will look into the ocean sooner or later. As such, Timor-Leste stands to gain both directly and indirectly from the treaty’s provisions, which address ocean-based resources
The Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, also known as the High Seas Biodiversity Treaty, is an international treaty that addresses the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction, specifically the high seas and the seabed beyond the limits of national jurisdiction. It is a significant step in protecting the ocean’s biodiversity and ensuring its health and resilience.
The key aspects of the BBNJ Agreement can be summarized as the following:
In terms of scope, the treaty applies to the high seas and the seabed beyond national jurisdiction, areas where no single nation has exclusive control. Thus the primary goal of the treaty is to ensure the conservation and sustainable use of marine biological diversity in these areas for both the present and future.
The treaty addresses significant gaps in international maritime law, especially concerning areas beyond national jurisdiction. It introduces mechanisms to ensure that all countries benefit from marine biodiversity regardless of technological or economic standing.
One of the most transformative aspects of the treaty for small and developing nations like Timor-Leste is its focus on equitable access to marine genetic resources (MGRs). These biological materials from deep-sea organisms have commercial and scientific value, particularly in pharmaceuticals, biotechnology, and agriculture. Small and developing countries like Timor-Leste cannot independently access these resources without the necessary deep-sea exploration infrastructure.
However, the treaty’s profit-sharing provisions ensure that benefits from MGRs in international waters are fairly distributed, preventing scenarios where wealthier countries monopolize discoveries while poorer nations are excluded. Furthermore, the treaty mandates the transfer of marine technology and encourages scientific collaboration. This provides a pathway for Timor-Leste to participate in marine research initiatives, build national expertise in ocean science, and eventually contribute to and benefit from bioprospecting endeavors.
Regarding fisheries and food security, the treaty is highly relevant to Timor-Leste’s coastal communities. Fisheries are a critical part of the local economy and a primary protein source for much of the population. Migratory species such as tuna traverse both national and international waters, and unregulated overfishing in the high seas can drastically reduce their availability within Timor-Leste’s Exclusive Economic Zone (EEZ). The treaty’s establishment of Marine Protected Areas (MPAs) and its promotion of sustainable fishing practices help safeguard these migratory fish stocks, creating a buffer against external pressures. Moreover, the protection of broader marine ecosystems contributes to climate resilience. Healthy ocean systems are central to carbon sequestration, regulating climate patterns, and protecting coral reefs and plankton populations—elements crucial for biodiversity and local food security. As ocean acidification and warming continue to threaten marine life, treaty-backed protections indirectly support Timor-Leste’s ecological stability and food systems.
Another key benefit of the treaty for Timor-Leste is strengthening its ocean governance capacity. Effective management of marine resources requires robust institutions, monitoring tools, and enforcement capabilities in areas where LDCs often struggle due to resource constraints. The BBNJ Agreement recognizes this imbalance and includes technical assistance, capacity building, and financial support provisions. For Timor-Leste, this could mean access to training programs, equipment for maritime surveillance, and systems to detect and deter illegal, unreported, and unregulated (IUU) fishing.
These tools support domestic regulatory enforcement and enhance Timor-Leste’s ability to contribute to regional efforts. The treaty encourages cooperation among countries, offering Timor-Leste an opportunity to engage with regional initiatives such as the Coral Triangle Initiative. Through such collaboration, the country can work on transboundary conservation strategies and share best practices with neighboring nations facing similar ocean governance challenges.
The treaty also addresses Timor-Leste’s vulnerability to climate change by protecting blue carbon ecosystems. These include seagrass beds, mangroves, and deep-sea sediments that act as carbon sinks, absorbing atmospheric CO₂ and playing a vital role in climate mitigation. For a nation highly exposed to sea level rise, coastal erosion, and shifting weather patterns, safeguarding these ecosystems is essential for long-term climate adaptation. Moreover, Timor-Leste enhances its eligibility for global climate finance and green development funding by aligning with Sustainable Development Goal (SDG) 14 (Life Below Water) and other international climate objectives. The treaty’s framework strengthens the country’s environmental credentials and opens doors to new partnerships focused on sustainable development and resilience building.
Global representation and advocacy are also enhanced through the treaty, particularly for smaller nations like Timor-Leste, including a Conference of Parties (COP) mechanism that allows all signatories to participate in decision-making processes related to the high seas. This provides Timor-Leste with a formal platform to advocate for the interests of LDCs, such as equitable access to marine resources, capacity support, and stronger environmental safeguards. In a global system often dominated by more powerful states, the BBNJ Agreement reinforces the principle of the “common heritage of mankind,” challenging past inequities where wealthy nations disproportionately benefited from global commons. For Timor-Leste, this is a significant step towards a more just and inclusive international order, where small nations can help shape rules governing shared natural resources.
However, there are also notable challenges that Timor-Leste must navigate. Ratifying and implementing the treaty will require considerable administrative effort and financial investment, which could strain national institutions already operating under limited capacity. External donor support may be necessary to manage these initial hurdles. Another key tension is balancing short-term economic goals—such as offshore oil and gas development—with the treaty’s long-term conservation objectives. Policymakers must carefully navigate these competing priorities to ensure national development does not undermine environmental sustainability.
Additionally, enforcement remains a critical issue. Timor-Leste currently lacks comprehensive maritime surveillance systems, making it difficult to monitor and respond to high-seas activities that may indirectly impact its coastal waters, such as illegal fishing or pollution drift. These gaps must be addressed to realize the treaty’s benefits fully.
Summarizing this paper, the High Seas Treaty presents a vital opportunity for Timor-Leste to secure a more equitable share of global marine resources, enhance its resilience to climate change, and elevate its role in international environmental governance. To fully leverage the treaty, Timor-Leste must invest in institutional capacity, strengthen regional and international partnerships, and integrate treaty obligations into its national frameworks—such as marine spatial planning and biodiversity conservation strategies. By doing so, it can protect its marine ecosystems and economic interests and contribute to a more inclusive and sustainable global ocean regime. (*)
