The UN High Seas Treaty, designed to protect marine biodiversity in international waters, will officially take effect in January 2026 following recent ratifications by four countries, including Sri Lanka and Morocco, reports 24brussels.
The treaty, finalized in 2022, is recognized as the world’s first comprehensive agreement aimed at conserving marine ecosystems beyond national jurisdictions. The landmark agreement requires a minimum of 60 ratifications for it to come into force, a threshold that was met last week.
Officially titled 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, or BBNJ Agreement, the treaty focuses on establishing Marine Protected Areas (MPAs) to safeguard marine life. Currently, only 1% of the high seas are protected, leaving vast areas vulnerable to environmental degradation.
Since its opening for signatures in September 2023, 142 countries and the European Union have expressed support for the treaty. The latest ratifications by St. Vincent and the Grenadines, Sierra Leone, Sri Lanka, and Morocco cleared the necessary threshold.
UN Secretary-General António Guterres hailed the ratification as a “historic achievement for the ocean and multilateralism.” Rebecca Hubbard, Director of the High Seas Alliance, emphasized that the treaty exemplifies what can be achieved when nations collaborate for the common good of ocean conservation, which covers 70% of the Earth’s surface.
The treaty not only aims to create MPAs but also mandates that economic activities such as deep-sea mining must undergo environmental impact assessments. Moreover, it seeks to ensure equitable access to marine genetic resources for developing nations through enhanced knowledge sharing and technological support.
The high seas are defined as areas beyond the exclusive economic zones (EEZs) of coastal states, extending up to 270 nautical miles (370 km) from shore. These waters have frequently been neglected in terms of environmental protection, facing threats from climate change, pollution, and overfishing. The International Union for Conservation of Nature (IUCN) warns that approximately 10% of marine species are at risk of extinction.
Oceana’s Chief Scientist Katie Matthews remarked, “For too long, the high seas have been a Wild West, lacking comprehensive oversight. The ratification of the High Seas Treaty will help bring order… Nations must move quickly from ratification to real-world implementation.”
Contested Waters
Despite the positive action of ratifying the treaty, experts warn that it serves merely as a starting point for ocean conservation. Hubbard noted that universal protection is essential, as international waters are shared by all nations, complicating efforts to enforce regulations effectively.
The binding treaty stipulates that the first Conference of the Parties (COP) must occur within one year of its enactment, requiring collaboration with existing global and regional governance structures that oversee parts of the ocean, such as regional fisheries organizations and the International Seabed Authority (ISA).
The Deep Sea Conservation Coalition cautioned that harmful practices like deep-sea mining and bottom trawling threaten the treaty’s objectives. Critics also raised concerns regarding provisions allowing countries to conduct their own environmental assessments varying from NGO hopes that the COP would hold this jurisdiction.
Turning the Tide
As nations prepare for the treaty’s implementation, there is a push to establish High Seas MPAs promptly. Proposed sites include the Sala y Gómez and Nazca Ridges, the Lord Howe Rise, and the Sargasso Sea among others.
Lisa Speer of the Natural Resources Defense Council (NRDC) estimates that the first protected zones could be approved by late 2028 or 2029, underscoring the imperative of safeguarding the ocean, which is vital for life on Earth, as noted by Inger Andersen, Executive Director of the UN Environment Programme.
However, significant industrial fishing nations, which hold the most considerable sway over high seas activities, have yet to ratify the treaty. While China has signed the agreement, it remains unratified, and Japan and Taiwan have not yet signed at all. So far, only Korea and Spain have ratified the treaty.
Additional confirmations of support are anticipated during the United Nations General Assembly High-Level Week from September 22-26 in New York.
