The High Seas Treaty officially entered force on January 17, 2026, providing a vital framework for ocean conservation. This landmark agreement, also known as the BBNJ Agreement, covers vast ocean areas beyond national jurisdiction. These “high seas” span nearly two-thirds of the planet’s ocean surface, waters that for decades lacked comprehensive governance. This new legal instrument, the High Seas Treaty, fills that critical gap in global ocean governance.
The Long Journey to the High Seas Treaty
The High Seas Treaty is the culmination of nearly 20 years of dedicated negotiations. The United Nations General Assembly initiated talks in 2017, aiming to establish a robust legal instrument for these crucial waters. This agreement is the third implementing treaty under the UN Convention on the Law of the Sea, building upon existing legal foundations. Its text was finalized in March 2023, after extensive deliberation. The treaty officially opened for signature in September 2023. For the High Seas Treaty to take effect, it required 60 country ratifications. Morocco’s ratification in September 2025 marked the crucial 60th submission, paving the way for the High Seas Treaty’s entry into force 120 days later.
Key Goals and Protections Under the High Seas Treaty
The core aims of the High Seas Treaty are to conserve marine biodiversity and promote the sustainable use of marine resources. The agreement addresses four main issues: marine genetic resources and benefit sharing; area-based management tools, such as marine protected areas (MPAs); environmental impact assessments (EIAs); and capacity-building and technology transfer. The High Seas Treaty is designed to be a powerful tool for achieving these objectives.
The treaty is vital for meeting global conservation targets, directly supporting the “30×30” goal which seeks to protect 30% of land and sea by 2030. Establishing marine protected areas in international waters, a long-standing governance gap, is now achievable through the High Seas Treaty. The treaty also mandates EIAs to assess potential impacts from activities like fishing and mining, promoting sustainable resource use.
Implementing Protections Through the High Seas Treaty
With the High Seas Treaty’s entry into force, ratifying countries are now legally bound to its provisions. The treaty provides concrete tools to create MPAs on the high seas and sets essential standards for sustainable resource use. Moreover, it prioritizes capacity building and technology access for developing nations. Mechanisms for fair benefit-sharing of marine genetic resources are also established, ensuring equitable participation among nations under the High Seas Treaty framework.
Regional workshops are actively supporting implementation efforts for the High Seas Treaty. These events help countries understand the treaty’s implications and navigate legal and institutional pathways for ratification and full implementation. African nations, for example, are working to enhance their influence in shaping the new regime established by the High Seas Treaty.
Next Steps and Challenges for the High Seas Treaty
Detailed compliance and implementation procedures will be finalized at the High Seas Treaty’s first Conference of the Parties (COP). This inaugural COP is expected within a year of the treaty’s entry into force. The Preparatory Commission (PrepCom) is currently preparing for this crucial meeting, defining operational arrangements and institutional structures for the High Seas Treaty. This includes setting up decision-making rules and compliance mechanisms essential for effective global ocean governance.
Challenges remain in the full implementation of the High Seas Treaty. Gaps in scientific knowledge pose a hurdle for effectively creating and managing MPAs. Furthermore, ensuring universal ratification by key maritime nations is essential for the treaty’s broad impact. The High Seas Treaty’s ultimate success hinges on overcoming these structural and mindset challenges. Effective implementation requires robust institutions and clear processes, translating the promises of the High Seas Treaty into real ocean action and protecting invaluable marine biodiversity.
