The authors would like to acknowledge the contributions to this article by Liam Mackay.

The ocean is the world's life support system and our greatest ally in our defence against climate change impacts. As eloquently described at the 2022 United Nations Ocean Conference:

"The ocean is fundamental to life on our planet and to our future. The ocean is an important source of the planet's biodiversity and plays a vital role in the climate system and water cycle. The ocean provides a range of ecosystem services, supplies us with oxygen to breathe, contributes to food security, nutrition and decent jobs and livelihoods, acts as a sink and reservoir of greenhouse gases and protects biodiversity, provides a means for maritime transportation, including for global trade, forms an important part of our natural and cultural heritage and plays an essential role in sustainable development, a sustainable ocean-based economy and poverty eradication."¹

With approximately 70 percent of the planet being covered in water, our ocean is a massive carbon sink which plays a crucial role in regulating the Earth's climate. The ocean absorbs most of the solar energy reaching the Earth, and warming of the oceans is generally slower than the atmosphere, resulting in moderate coastal weather with few hot and cold extremes. However, in recent years our ocean has begun to change and is now in a "state of emergency".

This article provides an overview of some of the key discussions had in June this year when national delegates to the United Nations and other international stakeholders met for the third Ocean Conference in Nice, France (Ocean Conference) to discuss and commit to important targets to achieve United Nations Sustainable Development Goal 14: Conserve and sustainably use the oceans, seas and marine resources for sustainable development (SDG 14). We also provide an overview of some of the commitments made at the Ocean Conference, and what we consider to be necessary moving forward to protect and conserve our ocean, and planet.

• Changing ocean conditions: The urgent need to protect and conserve our ocean
• The United Nations Ocean Conference
• Global action: Key discussion topics and panels
• What commitments were made at the Ocean Conference?
• Where to next?

Changing ocean conditions: The urgent need to protect and conserve our ocean

Scientific evidence now proves that declining ocean health is a direct impact of human activities, particularly the increase in greenhouse gas emissions in the atmosphere.² Research also shows that around 90 percent of the excess heat from global warming is being absorbed by the ocean, which, in turn, causes it to warm and expand. A direct impact of a warmer ocean is changing weather patterns and more intense tropical storms, which then impacts low-lying coastal areas with more severity, such as many Pacific Island countries. Absorbed carbon emissions in the ocean also leads to ocean acidification, which impacts marine life such as shellfish, crustaceans and corals.

Other human activities also impact ocean health and biodiversity, such as overfishing, bottom trawl fishing methods and increasing plastic pollution.

Deteriorating ocean health is impacting the livelihoods of people and industries across the world. The numbers are large: around 680 million people live in low-lying coastal areas, almost 2 billion people reside in coastal megacities, around 3.3 billion people depend on fish for protein, and 60 million people work in the fisheries and aquaculture sector worldwide.

Communities in the Pacific, including the Torres Strait Islands, are already being impacted by changing weather patterns and declining ocean health, which are only escalating in their severity. Because of this, inhabitants of the Torres Strait and other small island states in the Pacific, such as Tuvalu, face the prospect of becoming the world's first climate refugees. Read our update on climate change and forced displacement, where we examine in detail the international laws governing forced displacement in an Australian context. You can also read our recent article here on the recent Australian climate change case, Pabai v the Commonwealth.

Changes to the conditions of the ocean are also causing severe impacts to the ocean's biodiversity. Ocean health relies heavily on its unique and delicate ecosystem. A change in one condition, or one species, can have wide-reaching and unforeseen impacts on the ocean, and ultimately, the planet. Protecting all marine species is therefore vital for preserving and conserving the ocean.

As declining ocean health is becoming more severe, co-ordinated international action is needed sooner rather than later. The Ocean Conference, as we discuss below, was an opportunity to continue this critical dialogue on an international scale.

The United Nations Ocean Conference

The overarching theme for this year's Ocean Conference was "Accelerating action and mobilizing all actors to conserve and sustainably use the oceans".

This theme was an important step as SDG14 is the least funded of all the United Nations Sustainable Development Goals, and given the interconnectedness of all elements, a "business-as-usual" approach is no longer adequate to protect and conserve our oceans, and our planet.

As our opening remarks highlight, the Ocean Conference comes at a crucial time in our efforts to protect and conserve the ocean's biodiversity and marine health. Over the course of the Ocean Conference, numerous engagement sessions and 10 panel sessions were conducted that focused on key areas for implementing strategies to achieve SDG 14, build on existing partnerships, and consider innovative approaches from all relevant stakeholders.

Those in attendance included representatives from government, financial institutions, intergovernmental organisations and non-government organisations, civil society organisations, the scientific community, members of the private sector, philanthropic organisations, and local communities, including representatives from our Indigenous Peoples (together, the Stakeholders).

The co-operation and diversity of the Stakeholders was a key factor that contributed to the positive discussions and outcomes of the Ocean Conference, demonstrating the importance of a multi-disciplinary approach when developing innovative solutions to global challenges.

Global action: Key discussion topics and panels

Below we explore the key themes discussed at five of the panel sessions from the Ocean Conference that we consider to be of particular significance to the successful implementation of SDG 14 from an international environmental law and blue carbon market perspective, and which focus on the commitments and outcomes for Australia and the Indo-Pacific region. We have also included a summary of the commitments made, and where to from here.

Ocean Action Panel 3: Mobilizing finance for ocean actions in the support of SDG14

According to the World Economic Forum, $US 175 billion is needed each year to achieve SDG14 by 2030. Yet, between 2015 and 2019, in total, less than $US 10 billion was invested. In contrast, governments spend $US 22 billion every year to subsidise harmful fishing practices that fuel overfishing.³

• The UN Global Compact and UN Environment Programme Finance Initiative (UNEP FI) launched the Ocean Investment Protocol, a framework for financial institutions, policy makers and industry leaders to develop a sustainable ocean economy.
• Several UN agencies, including UN Environment Programme, UN Development Programme, UNESCO and UN Global Impact, introduced a new finance platform called "One Ocean Finance". One Ocean Finance aims to be a purpose-built platform for delivering grants, capital, blended finance and private investments to accelerate sustainable transition of industries to protect and restore ocean ecosystems. The United Nations agencies put out a Call for Engagement, inviting the Stakeholders to provide feedback and help shape One Ocean Finance, with a view to launching at the next Ocean Conference in 2028.
• The International Advisory Panel on Biodiversity Credits introduced biodiversity credits identified in the Convention on Biological Diversity and the Kunming-Montreal Global Biodiversity Framework (Global Diversity Framework) and highlighted the importance of working with high integrity to build confidence in the new market.
• There are many promising investment opportunities in the Pacific's blue economy for private investors. For example, regional efforts so far have mobilised $US 100 million for the Unlocking Blue Pacific Prosperity (UBPP) initiative, with a target of $US 500 million. The UBPP is a collective agreement among Pacific Island communities and countries to establish sustainable ocean management across the whole of the Pacific region and aims to introduce marine protected areas across 2 billion hectares of the Pacific Ocean.

Other projects and facilities were highlighted as important conduits to increasing investment opportunities in the blue economy, particularly for small island states and developing countries, such as the Blue Natural Capital Financing Facility and the Blue Carbon Accelerator Fund.

Ocean Action Panel 6: Advancing sustainable ocean-based economies, sustainable maritime transport and coastal community resilience leaving no one behind

Discussions during this panel centred around the human and unintended consequences of climate action. The panel identified the importance of considering the "human element" in taking action to protect the environment, such as the consequences for employees in the shipping or fishing industry.

In developing policies and strategies to protect the environment, the panel noted that governments must also adopt measures that promote decent work opportunities for those that may be impacted by those policies and strategies. This is particularly important for those in developing countries who rely on the ocean and its resources for employment as their way of life.

Ocean Action Panel 7: Leveraging ocean, climate and biodiversity interlinkages

This panel emphasised that when implementing effective economic measures to address challenges of biodiversity loss and impacts of climate change, the entirety of the ocean-climate-biodiversity nexus must be considered. Given this, it is vital that there is also scientific input into developing policies and measures which requires effective collaboration between policymakers and the scientific community. It was recognised that this is not always easy, however collaboration of this kind is critical.

Ocean Action Panel 9: Promoting the role of sustainable food from the ocean for poverty eradication and food security

This panel recognised that as global food systems are being affected on both land and sea, communities that rely on the ocean as their primary source of food are being more adversely affected. Noting this, to maintain current per capital consumption of marine species to 2050, a 22 percent increase in total supply will be necessary.⁴ However, it is vital that this increase is achieved through responsible and sustainable practices to safeguard future food security, such as improving aquaculture technologies to be more sustainable and improve market access for small-scale fisheries, rather than further fuelling overfishing by subsidising unsustainable fishing practices.

Ocean Action Panel 10: Enhancing the conservation and sustainable use of oceans and their resources by implementing international law as reflected in the UNCLOS

This panel discussed the United Nations Convention on Law of the Sea (UNCLOS) which is the key international instrument for the conservation and sustainable use of the ocean and its resources, or as some call it, the constitution of the ocean. In particular, it was emphasised that each member State should implement the UNCLOS and its related Agreements through domestic law enactment to ensure its effective global implementation.

As of 10 July 2025:

• 170 member States have ratified or acceded to UNCLOS.
• 153 member States have ratified or acceded the Agreement relating to the Implementation of Part XI of UNCLOS (relating to minerals on the seabed in the high seas).
• 94 member States have ratified or acceded to the Agreement for the Implementation of the Provisions of the UNCLOS relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stock.
• 51 member States have ratified or acceded to the Agreement under UNCLOS on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ Agreement), also known as the High Seas Treaty.

Recognising the above, it was noted that implementing UNCLOS and its related agreements will encourage multilateral and integrated co-operation across all levels to support and implement innovative science-based solutions to promote a sustainable ocean economy.

What commitments were made at the Ocean Conference?

While the discussions and forums held at the Ocean Conference are vital to develop innovative and collaborative solutions to protect our oceans, what is necessary is its implementation at a domestic level. Below is an overview of some of the key commitments that were made at the Ocean Conference:

The Nice Ocean Action Plan

Following the week-long engagement and panel sessions, a declaration was drafted, also known as the Nice Ocean Action Plan. Entitled "Our ocean, our future: united for urgent action", the Nice Ocean Action Plan reaffirms the importance for member States to fully and effectively implement the Global Biodiversity Framework to achieve its targets and goals, including protecting 30 percent of terrestrial and inland water areas by 2030.

The Nice Ocean Action Plan has no binding effect but is a summary of the voluntary commitments made at the Ocean Conference.

The BBNJ Agreement: 30x30 targets

One of the key outcomes of the Ocean Conference was an additional 19 countries agreeing to ratify the BBNJ Agreement. The enactment of the BBNJ Agreement will enable member States to help achieve Target 3 of the Global Biodiversity Framework, which is the commitment to conserve 30 percent of land, waters and seas in the high seas by 2030 through strategic expansion of marine protected areas.

The BBNJ Agreement was adopted by the United Nations in 2022 and requires 60 member States to ratify, accept or accede the BBNJ Agreement to bring it into force and make it binding under international law.⁵ Now, with 53 countries ratifying or acceding the BBNJ Agreement, there are only 7 more countries required to ratify, accept or accede the BBNJ Agreement to bring it into force. At the Ocean Conference, an additional 17 countries, including Australia, have agreed to ratify the BBNJ Agreement as soon as possible.

It is anticipated that the BBNJ Agreement will enter into force in Australia in early 2026. Once this occurs, signatories will be required to implement the provisions of the BBNJ Agreement on a domestic level, including the requirement to impose marine protected areas to regions of the high seas. The process, as outlined in Part III of the BBNJ Agreement, requires parties to submit a proposal for a marine protected area with a draft management plan, which will be reviewed through a consultation process involving multiple stakeholders, and voted upon, requiring a two-third majority vote to be adopted.

While progress towards the enactment of the BBNJ Agreement has been positive from the Ocean Conference, to achieve the 30 percent by 2030 target, momentum must continue, and countries must begin submitting proposals for marine protected areas as soon as possible after the enactment of the BBNJ Agreement.

A new plastics treaty

97 member States at the Ocean Conference called for an "ambitious" plastics treaty to end plastic pollution.⁶ The proposed treaty will introduce:

• A global target to reduce the production and consumption of primary plastic polymers to sustainable levels.
• A legally binding obligation to phase out most problematic plastic products and chemicals of concern.
• Improved design standards for plastic products to ensure they cause minimum impacts to the environment and human health.
• Additional financing measures for least developed countries and small island developing states.⁷

If enacted, this treaty will be significant to reduce the amount of plastic waste that ends up in the ocean and harms its marine life.

Negotiations for the plastics treaty took place in Geneva between 5-14 August. Unfortunately, negotiations did not result in a consensus on a draft plastics treaty. Executive Director of the UN Environment Programme Inger Anderson cited "the backdrop of geopolitical complexities, economic challenges and multilateral strains" as issues influencing member countries' hesitancy in reaching a consensus.⁸ However, member countries remain committed to continue the negotiations process and draft and implement a plastics treaty.

French Polynesia's commitment to fully protect its Exclusive Economic Zone

The small Pacific-island territory of French Polynesia committed to implementing a marine protected area across its whole Exclusive Economic Zone (EEZ). Whilst just one commitment from a small island nation, it provides an example of how states can take meaningful action and may be the blueprint for others to follow.

French Polynesia's marine protected area will be the largest marine protected area in the world, with over approximately 4.8 million square kilometres protected, of which around 1 million square kilometres will be deemed highly or fully protected, where no extractive fishing or mining will be allowed. 186,000 square kilometres will be dedicated artisanal fishing zone, only allowing traditional line fishing. The remaining will be less protected but will restrict extractive practices like deep-sea mining and bottom-trawling.

By World Ocean Day 2026 (8 June 2026), another 500,000 square kilometres will be included into the marine protected area as highly protected. This commitment is made in line with the 100 percent Alliance for Sustainable Management (100 percent Alliance). The 100 percent Alliance is a campaign led by Chile and France for all coastal and ocean states to sustainably manage 100 percent of their ocean areas under national jurisdiction.

Where to next?

The BBNJ Agreement's 30x30 targets and reducing barriers to blue carbon projects are two priorities that should be the focus of the international community following the Ocean Conference. Not only must we conserve and protect our ocean against the harmful impacts of overfishing and illegal, unreported, and unregulated fishing, but we must also mobilise resources to regenerate ocean ecosystems through restoration of mangrove and seagrass forests. Only then may we slowly begin helping our ocean protect, conserve and restore its biodiversity, which has been lost as a direct and indirect result of human impact. Blue carbon projects in particular offer financial incentives for private investors to engage in restoration projects, not only as investments through the sale of accrued carbon credits, but also funding opportunities available through programs such as the Blue Carbon Accelerator Fund.

While there is still a long way to go to achieve SDG 14, the Ocean Conference was an important opportunity for stakeholders around the globe to come together to discuss and implement measures for how the international community can co-operate and work together to protect the oceans. This article demonstrates that there were a number of important commitments made at the Oceans Conference, however what happens next, and in the immediate future, will be the real test. Member states must now continue the momentum and urgently begin to implement the measures agreed to at both domestic and international levels if we have any chance of developing innovative and collaborative solutions to protect our ocean, the planet and humankind.

Footnotes