JUNE 27 — Ratifying the High Seas Treaty (BBNJ) seems like a no-brainer for a maritime nation like Malaysia. With coastlines on both the South China Sea and the Straits of Malacca, our destiny is tied to the ocean. The Treaty, which came into force in January 2026, promises access to marine genetic resources, a voice in creating high seas protected areas, and a mechanism for technology transfer. But here is the sobering truth: Malaysia is not ready to ratify. Not yet. This was made clear during a recent online sharing by NRES, the host Ministry. 

Before we deposit our instrument of ratification, we must confront two ugly realities: gaping legal holes in our domestic framework and a science deficit. If we rush in, we risk becoming a rule-taker rather than a rule-maker. If we delay too long, we forfeit billions in potential bio-economy value. Here is how we thread the needle.

Ratification would unlock the Capacity Building and Technology Transfer mechanism. For the first time, Malaysian researchers at INOS, UMT, and BMRI could legally demand access to cutting-edge oceanographic equipment and gene-sequencing data from developed countries. It would also give Malaysia a seat at the table to propose Marine Protected Areas (MPAs) that do not strangle our fishermen but protect spawning grounds critical to our supply chains.

The risks are equally real. Under the Treaty’ EIA provisions, a Malaysian company planning deep-sea mining or even laying submarine cables could be overruled by an international body if our domestic EIA process is found lacking. Today, our Environmental Quality Act 1974 has almost nothing to say about the high seas. Also, joining the Treaty but lacking the scientific data to nominate genetic resources is risky, leaving foreign entities to patent molecules from our own waters.

Moving forward, Parliament must pass an Ocean Governance Act soon. This Act must do three things: Create a legal requirement that any Malaysian-flagged vessel or company operating in the high seas must adhere to BBNJ’s strict cumulative impact assessments. Clarify who owns and benefits from marine genetic resources collected by Malaysian entities. Establish a National BBNJ Focal Point: A single agency (likely MORA or the Department of Marine Park Malaysia) to manage all treaty-related applications and data flow. Without this law, ratification would be like buying a car without a license — you have the keys, but you will crash.

We cannot negotiate what we cannot measure. Currently, we do not have a comprehensive inventory of our oceanic biodiversity beyond territorial waters. The recent OceanX mission was a start, but it was a snapshot, not a living library. The government must immediately fund a National High Seas Biodiversity Census. This is not basic research; it is economic intelligence. We need to know which deep-sea microbes, sponges, and fish exist in our adjacent high seas before we agree to a global database. Furthermore, we should establish a dedicated BBNJ Science Bureau within the Malaysia Ocean Research Alliance (MORA), staffed not just with biologists but with data scientists who can track benefit-sharing claims.

This is where the private sector must stop seeing the treaty as a regulation and start seeing it as a market opportunity. For the pharmaceutical and biotech industry: their future blockbuster drug may come from a deep-sea fungus. Instead of waiting, form a consortium to co-fund the biodiversity census. In return, the government should offer a “BBNJ-ready” certification that guarantees your supply chain complies with international law.

For the maritime and energy sector, including Shell, Petronas, and MISC. Your shipping and exploration activities face new EIA rules. Get ahead. Pilot a voluntary high seas EIA on your next project. Use it to train your legal teams and develop best practices that the government can adopt as national standards. Deep-sea fishing associations must have a seat on the proposed National BBNJ Focal Point. The risk is that foreign MPAs could close your fishing grounds. The benefit is that you could be the ones proposing those MPAs to protect your own stocks from distant-water fishing nations.

Do not ratify tomorrow. But legislate today. The government has a narrow window — roughly 18 months — to pass the Ocean Governance Act and complete the biodiversity census. Industry has a responsibility to fund and inform that process. And MORA must evolve from a research alliance into the operational nerve centre for the treaty. The BBNJ is the constitution for two-thirds of our planet. Malaysia has every right to be a founding father of its implementation. But only a prepared Malaysia can reap the rewards. Let us not go to the negotiating table with empty hands. The time to build our arsenal is now.

* Professor Datuk Dr Ahmad Ibrahim  is affiliated with the Tan Sri Omar Centre for STI Policy Studies at UCSI University and is an Adjunct Professor at the Ungku Aziz Centre for Development Studies, Universiti Malaya. He can be reached at ahmadibrahim@ucsiuniversity.edu.my.  

** This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.