Good news for the ocean – the High Seas Treaty receives the required ratifications

The ocean, suffering from extreme heat, acidification and oxygen loss, has received a glimpse of hope – and so have the billions of people depending on it. United Nations High Seas Treaty is to enter into force in January 2026. Following the ratifications of Morocco and Sierra Leone on 19 September, the treaty has now been ratified by 60 countries, meeting the threshold for it to become legally binding. The treaty enables the protection of marine biodiversity in areas beyond national jurisdiction by, for example, expanding marine protected areas and requiring assessments of the impacts of human activities on the ocean.

Good news for whales, sharks and deep-sea creatures: The BBNJ Agreement*, often referred to as the High Seas Treaty, has received enough ratifications for it enter into force. The treaty sets out legally binding international rules to conserve and sustainably use marine biological diversity in areas beyond the control of any single state. These areas make up about two thirds of the ocean, and nearly 95 per cent of its volume.

The High Seas Treaty seeks to ensure that the benefits derived from marine biodiversity are shared, specific parts of the ocean are brought under protection, the impacts of human actions on the ocean are assessed, and all countries have the capacity – the financial resources and the technology – to take part.

Protecting marine biodiversity

Through creating marine protected areas in areas beyond national jurisdiction, the high seas treaty supports reaching the goal of the Kunming-Montreal Global Biodiversity Framework’s target of protecting 30 per cent of both land and ocean by 2030.

The first conference of parties (COP1) is set to take place within the first year after the treaty has come into force. Among other things, at the conference, the parties will vote on the proposals of new marine protected areas.

Harmonizing ocean governance

To date, the governance of areas beyond national jurisdiction has been fragmented, degrading the biodiversity of marine ecosystems. Therefore, the areas have been under threat of serious exploitation of marine resources – such as overfishing and the growing interest in deep sea mining.

The High Seas Treaty seeks to harmonize the governance structures in these international waters. The treaty is an implementing agreement to the UN Convention on the Law of the Sea (UNCLOS), which can be regarded as the “constitution for the ocean”, while it does not address biodiversity in areas beyond national jurisdiction.

While some governance structures – such as sectoral or geographical frameworks – apply to areas beyond national jurisdiction, the overall governance is complex making it difficult to manage interconnected issues. Continuing efforts are needed to ensure effective coordination between the new treaty and existing frameworks and organizations, such as Regional Fisheries Management Organizations and the International Seabed Authority, the latter of which manages the deep sea resources and mining.

Encouraging news for multilateralism

The work behind reaching the agreement has taken two decades and has required tireless efforts from environmentalists, scientists, local communities, indigenous peoples and many more. Reaching the required number of ratifications within two years has sparked joy and sense of relief for many.

“In two years, States have turned commitment into action — proving what is possible when nations unite for the common good”, stated António Guterres, UN Secretary-General, in a statement.

Still, work remains to get more states join the treaty, and to ensure its implementation is effective and fair – which means enabling the meaningful participation of all parties and fair distributions of benefits from marine biodiversity.

Work for a lasting change continues

While 60 ratifications deserve applause, more is needed – especially ratifications from major ocean nations like China, United States, Japan, and Russia.

The treaty itself is a good starting point, a compromise between diverse global interests and capacities – some seeking more and some less international oversight of actions at sea. Now it needs to be ensured that all parties can implement the agreement sufficiently, despite differences in resources and capabilities. It is also essential to make sure science and knowledge are accessible, and that different forms of knowledge, such as indigenous and local, are represented.

The High Seas Treaty forms a legal basis upon which the international community can build mechanisms to conserve the biodiversity of our blue planet, but the work is no where near done.

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*BBNJ Agreement is short for The Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction