Historic High Seas Treaty to Protect Marine Biodiversity Set to Take Effect in 2026

Introduction

In a landmark achievement for global environmental governance, the High Seas Treaty, formally known as 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 (BBNJ), is set to enter into force on January 17, 2026. This historic treaty marks the first legally binding international agreement to protect marine biodiversity in international waters—areas that cover nearly two-thirds of the world’s oceans and half of Earth’s surface[1].

Why the High Seas Matter

The high seas—waters beyond any nation’s jurisdiction—are home to an estimated 10 million species, many of which remain undiscovered. These vast oceanic regions play a critical role in regulating the Earth’s climate, supporting fisheries, and maintaining global biodiversity. Yet, until now, they have mainly remained unprotected from threats such as:

• Climate change
• Overfishing
• Pollution
• Deep-sea mining

Without a unified legal framework, these waters have been vulnerable to exploitation and degradation, with no comprehensive system to enforce conservation or sustainable use[1].

The Road to Ratification

The treaty was adopted in June 2023 after nearly two decades of negotiations. It officially reached the threshold for implementation when Morocco became the 60th country to ratify the agreement in September 2025, followed by Sierra Leone and others[2]. Over 140 countries, including the European Union, have signed the treaty, signaling their intent to ratify.

UN Secretary-General António Guterres hailed the treaty as a “lifeline for the ocean and humanity”, emphasizing its importance in addressing the triple planetary crisis of climate change, biodiversity loss, and pollution[2].

Key Provisions of the High Seas Treaty

The treaty introduces a comprehensive legal framework to manage and protect marine biodiversity in areas beyond national jurisdiction. Its core components include:

1. Marine Protected Areas (MPAs)

The treaty enables the creation of MPAs in international waters, allowing for the protection of ecologically significant areas such as:

• Salas y Gómez and Nazca Ridges
• Sargasso Sea
• Thermal Dome in the Eastern Pacific
• Lord Howe Rise and South Tasman Sea[3]

These zones will help safeguard critical habitats and species from destructive activities.

2. Environmental Impact Assessments (EIAs)

Before any industrial activity—such as deep-sea mining or shipping—can proceed, it must undergo a rigorous EIA to evaluate potential harm to marine ecosystems.

3. Equitable Sharing of Marine Genetic Resources

The treaty ensures that benefits from marine genetic resources—used in pharmaceuticals, biotechnology, and cosmetics—are shared fairly, especially with developing nations.

4. Scientific Cooperation and Capacity Building

It promotes global collaboration in marine research and provides technical and financial support to countries with limited resources.

Deep-Sea Mining: A Flashpoint

One of the most contentious issues addressed by the treaty is deep-sea mining. This emerging industry involves extracting minerals from the ocean floor, often in ecologically sensitive zones. While some nations, including the United States and Nauru, support its expansion, others—like Vanuatu, Brazil, and the United Kingdom—are calling for a moratorium until more is known about its environmental impact[1].

Environmentalists warn that deep-sea mining could:

• Disrupt ancient ecosystems
• Harm species like dumbo octopuses and twilight zone corals
• Interfere with whale sonar communication

The treaty does not ban deep-sea mining outright but provides a framework for oversight and accountability.

Enforcement and Governance

Unlike some international agreements, the High Seas Treaty does not establish a centralized enforcement body. Instead, it relies on flag states—countries where ships are registered—to enforce compliance. For example, if a German-flagged vessel violates the treaty, Germany is responsible for taking action[1].

To coordinate implementation, the treaty establishes a Conference of the Parties (COP), which will:

• Oversee compliance
• Facilitate cooperation with existing bodies like the International Seabed Authority
• Review and approve new MPAs and regulations

The first COP is expected to convene in late 2026.

A Milestone for Multilateralism

The treaty is being celebrated as a triumph of international cooperation. According to Rebecca Hubbard, Director of the High Seas Alliance, it represents “what the world can achieve when we come together for the common good”[3].

UNEP Executive Director Inger Andersen echoed this sentiment, calling the treaty “an important step forward to save our ocean, and to save our future.”

Challenges Ahead: Implementation and Compliance

While the treaty’s adoption is a major victory, experts caution that the real test lies in its implementation. Key challenges include:

• Ensuring universal ratification to prevent loopholes
• Monitoring compliance in remote ocean areas
• Securing funding for enforcement and scientific research
• Balancing economic interests with conservation goals

Leneka Rhoden, Caribbean Regional Coordinator at the High Seas Alliance, emphasized the treaty’s importance for vulnerable communities that rely on the ocean for food security, livelihoods, and cultural identity[1].

Alignment with Global Biodiversity Goals

The High Seas Treaty supports the Kunming-Montreal Global Biodiversity Framework, which aims to protect 30% of the planet’s land and ocean by 2030 (the “30×30” target). By enabling the creation of MPAs and regulating harmful activities, the treaty is a cornerstone of international efforts to halt biodiversity loss[3].

What Comes Next?

With the treaty set to take effect in January 2026, the next steps include:

• Finalizing governance structures and operational guidelines
• Identifying priority areas for protection
• Mobilizing funding from governments, NGOs, and private sectors
• Encouraging remaining countries to ratify the treaty

The upcoming UN General Assembly High-Level Week is expected to bring further momentum, with additional countries likely to ratify the agreement[3].

Conclusion

The High Seas Treaty is a monumental step forward in the global effort to protect our oceans. It reflects a growing recognition that the health of the ocean is inseparable from the health of humanity. As the world faces escalating environmental crises, this treaty offers a beacon of hope—a testament to what can be achieved through science, diplomacy, and collective will.

Call to Action

To ensure the success of the High Seas Treaty, it is essential for:

• Governments to ratify and implement the treaty swiftly
• Scientists to contribute research and monitoring
• Citizens to advocate for ocean protection
• Businesses to adopt sustainable practices

Together, we can turn this historic agreement into real-world impact—preserving the ocean for future generations.

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References

[1] First treaty to protect marine life in high seas to take effect in …

[2] UN ‘high seas’ treaty clears ratification threshold, to enter into …

[3] High Seas Treaty To Enter Into Force – marinelink.com