Context:

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 Agreement), entered into force on 17 January 2026. This marks the first time the global community has adopted a legally binding framework to protect marine life in international waters, vast ocean areas that lie beyond the jurisdiction of any single country.

Background:

• • • • The oceans cover more than 70% of the Earth’s surface and nearly two-thirds of this area, the high seas lies beyond national jurisdiction. Historically, these areas lacked a unified legal regime for the conservation and sustainable use of marine biodiversity, making them particularly vulnerable to:
        • Destructive fishing practices, including overfishing and illegal, unreported, and unregulated (IUU) fishing
        • Shipping-related impacts and pollution, especially plastic waste
        • Climate-change-induced stresses such as ocean warming and acidification
        • Emerging threats like deep-sea mining
      • After nearly two decades of negotiations, the BBNJ Agreement was adopted in June 2023, opened for signature in September 2023, and ratified by at least 60 countries, thereby triggering its entry into force 120 days after the threshold was reached in September 2025.

Key Features of the High Seas Treaty:

The treaty establishes a comprehensive international legal framework for conserving and sustainably using marine biodiversity in areas beyond national jurisdiction (ABNJ). Its key elements include:

• • • • Marine Protected Areas (MPAs):
        • A mechanism to establish marine protected areas in the high seas to conserve ecologically significant regions.
        • At present, only about 1% of high seas waters are protected; the treaty provides tools to substantially expand this coverage.
      • Environmental Impact Assessments (EIAs):
        • Parties are required to conduct environmental impact assessments for activities that may harm high seas biodiversity, such as deep-sea mining and large-scale fishing.
        • This provision aims to prevent, minimise, or mitigate cumulative environmental damage.
      • Marine Genetic Resources (MGRs):
        • The treaty provides for the equitable sharing of benefits arising from the utilisation of marine genetic resources, including digital sequence information.
        • It emphasises fairness and international cooperation, with particular benefits for developing countries.
      • Capacity Building and Technology Transfer:
        • Developing countries are to receive support to participate effectively in high seas governance and scientific research.
        • This promotes inclusive and equitable participation in marine conservation efforts.
      • Institutional Framework:
        • The treaty mandates the establishment of institutional bodies, including a Conference of Parties (COP), a scientific and technical body, and a secretariat to coordinate implementation and decision-making.

Significance:

• • • • Global Ocean Governance:
        • For the first time, international waters—previously governed by a fragmented, sector-specific legal framework—are subject to a unified, legally binding regime centred on biodiversity conservation and sustainability.
        • This represents a major advance in global cooperation to manage a shared resource critical to planetary health.
      • Conservation and Climate Linkages:
        • Healthy oceans play a vital role in carbon sequestration, oxygen production, and the regulation of global climate systems.
        • Protecting high seas ecosystems directly contributes to global climate mitigation and biodiversity goals, including the 30×30 target of protecting 30% of ocean areas by 2030.
      • Equity and Inclusiveness:
        • By emphasising capacity building and benefit sharing, the treaty enables developing countries to participate meaningfully in marine research and conservation.
        • This is crucial for ensuring both ecological effectiveness and equity in global ocean governance.
      • Scientific Collaboration:
        • Ratifying countries are required to cooperate in marine scientific research, share data, and coordinate policy responses to ocean-related threats.
        • Such collaboration helps bridge knowledge gaps and strengthens evidence-based decision-making on high seas issues.