Why Ocean Governance Is Now a Supply Chain Issue
In 1609, Hugo Grotius pioneered the idea of Mare Liberum ('The Free Sea'), which posited the ocean as the inheritance of all humankind, beyond the possession of any individual or nation.
Centuries later, the UN Convention on the Law of the Sea gave coastal states rights over waters within 200 nautical miles of their shores, but the high seas, which make up 61% of the ocean’s surface, had only limited governance.
Here’s the issue. The high seas underpin carbon sequestration, hold huge potential for marine bioprospecting, and provide nursery grounds for commercially important species, yet these ecosystems, which support major global industries, remain extremely vulnerable without a comprehensive legal framework.
The Biodiversity Beyond National Jurisdiction (BBNJ) Bill would change this, offering a major opportunity for businesses to strengthen supply chain resilience.
The Bill would incorporate the UN’s new High Seas Treaty’s provisions into UK law, establishing three key mechanisms: marine protected areas in international waters, environmental impact assessments for activities on the high seas, and benefit-sharing rules for marine genetic resources. For the first time, the high seas will have coordinated governance with teeth.
For businesses, the Bill would offer a great advantage. Take seafood supply chains, which span dozens of jurisdictions and depend on high seas ecosystems outside coordinated management. In the past, weak governance of spawning and migratory routes in the Western and Central Pacific, which supplies more than half of the world’s tuna, has contributed to stock declines. As a result, sudden quota cuts and certification disruptions rippled through global supply chains, catching buyers and processors off guard.
The BBNJ Bill creates the framework to prevent these disruptions and brings operational clarity to waters that have been blind spots. This means companies can finally make informed decisions about risk, build more resilient supply chains, and demonstrate due diligence to investors and buyers.
This being said, enforcement of the BBNJ will be extraordinarily challenging. Unlike coastal Exclusive Economic Zones under the control of nation states, the high seas are governed through flag state responsibility: countries are accountable for vessels they register, not for ocean zones. The agreement spans dozens of overlapping jurisdictions, layered institutions, and decades of geopolitical tensions.
But the good news is that companies do not need to wait for governments to resolve all legal and political complexities. Instead, a risk-based approach to sourcing, from codes of conduct to direct support for sustainable practices along supply chains, could allow the private sector to proactively support the BBNJ and help shift the high seas blue economy in a more sustainable direction.
For businesses, this isn’t just about regulatory compliance; it’s about competitive advantage. Firms that understand and strengthen the systems underpinning their global fisheries, pharmaceutical development, and shipping and logistics will build resilience while competitors scramble to catch up.
The pattern is similar to land-based biodiversity regulation. Companies that failed to anticipate ecosystem changes faced supply shocks, stranded assets, sudden compliance costs, and exclusion from capital markets. Those that moved early shaped standards, secured supply chains, and positioned themselves as preferred partners for investors and buyers. The same dynamic is now emerging at sea.
As expectations around traceability, sourcing standards, and ecosystem impact tighten through investor scrutiny, buyer requirements, and reputational pressure, early movers are shaping industry standards rather than reacting to them.
And as access to capital, insurance, and premium markets depends on high seas sustainability, market forces will reward forward-thinking businesses faster than regulation alone ever could.
The BBNJ Bill marks a decisive shift in how the high seas are valued, governed, and scrutinised. But legislation is only a beginning, not an endpoint.
For business leaders whose supply chains and long-term viability depend on ocean health, this is a competitive advantage waiting to be seized. The question is who will choose to lead or follow.
Michael Burgass is Co-founder and Director of "corporate conservation consultancy, Biodiversify. He specialises in large-scale biodiversity monitoring, the design and use of biodiversity indicators, and integrating nature into corporate decision-making and accounting. Michael has played a key role in advancing nature-positive frameworks globally, including leading Biodiversify’s contributions to the Conservation Hierarchy project and the Science Based Targets for Nature.
