High Seas Treaty” Enters into Force: How the BBNJ Agreement Becomes a Litmus Test for China-EU
Cooperation in Maritime Law
Source: Pexels, Francesco Ungaro
Research Paper by Yating Zhang
April 7, 2026
Executive Summary
The entry into force of the BBNJ Agreement has shifted the focus from treaty-making to
institution-building, making the design of procedures, bodies, and coordination mechanisms
central to the treaty’s effectiveness. In this context, the Agreement has become a meaningful litmus test for China-EU cooperation:
not because the two sides must eliminate all differences, but because they must show whether
they can sustain legally meaningful cooperation amid regime complexity and geopolitical
uncertainty. The article identifies three shared challenges: preventing marine protected areas from
becoming “hollow shells,” reducing fragmentation and forum shopping in environmental impact
assessment, and ensuring that benefit-sharing and capacity building are both deliverable and
broadly legitimate. It argues that China-EU cooperation should focus less on broad political convergence and
more on workable mechanisms, particularly through the Scientific and Technical Body, the
Clearing-House Mechanism, procedural standards for high-risk activities, and
delivery-oriented capacity-building arrangements.Please note that views expressed by the author do not reflect the policies or positions of ICES.