The High Seas Treaty Enters Into Force as a Global Milestone for Ocean Protection
On January 17, 2026, the international community reached a definitive turning point in maritime history. The BBNJ Agreement—popularly known as the High Seas Treaty—officially entered into force, creating the first-ever legally binding framework to protect the vast stretches of ocean that lie beyond national borders.
For decades, these international waters, which cover nearly two-thirds of the ocean’s surface and 95% of the planet’s habitat by volume, existed in a “legal vacuum.” Lack of oversight allowed for overexploitation, unregulated pollution, and habitat loss. Today, with 83 nations now formally on board and 145 signatories, the “Wild West” of the ocean finally has a global mandate.
UN Secretary-General António Guterres hailed the moment as a “watershed,” stating:
“This treaty establishes the first legal framework for conserving and sustainably using marine biodiversity in the two-thirds of the ocean that lie beyond national borders. We now have binding global rules to share fairly the benefits from marine genetic resources, establish marine protected areas, and conduct rigorous environmental impact assessments.”
Why the High Seas Treaty Matters
The ambition of the High Seas Treaty has always been immense. It seeks to facilitate international coordination on activities within Earth’s largest public commons, covering around half the planet’s surface.
The high seas host a diverse array of marine life, from microscopic plankton to colossal blue whales. Alongside supporting global fisheries and food security, they are home to valuable natural resources that countries and companies are ever more eager to explore and exploit. For example, marine genetic materials are increasingly sought after to support pharmaceuticals, biotechnology, and other innovations.
Without a binding global treaty, the high seas have been governed in a patchwork style through regional fisheries agreements, shipping conventions, and scattered marine protected areas, which cover less than 1% of the high seas. This leaves critical gaps in protecting marine biodiversity and ensuring that developing countries also benefit from discoveries made in international waters
The High Seas Treaty will fill regulatory gaps, complement national efforts and enable coordinated conservation measures on the high seas, all of which will be critical for achieving international climate and biodiversity goals. It will also help guide regional cooperation and link seamlessly to countries’ sustainable ocean plans, through which 21 nations have pledged to sustainably manage 100% of the ocean areas under their jurisdiction.
What’s Included in the High Seas Treaty?
In 2023, Parties agreed on four core pillars of the High Seas Treaty:
1) Area-based management tools, including marine protected areas
The treaty will create a mechanism to establish area-based management tools, including marine protected areas (MPAs), on the high seas. MPAs are typically clearly defined geographical spaces that are recognized, dedicated, and managed, through legal or other effective means, to conserve marine biodiversity and ecosystem integrity.
Some MPAs already exist on the high seas. For example, six MPAs were established in the Northeast Atlantic in 2010 with a total area of 286,200 square kilometers (110,502 square miles). The Ross Sea MPA was established in 2016 to protect a total area of 1.5 million square kilometers (600,000 square miles) in the Southern Ocean.
The treaty will also establish a pathway for proposing new zones for protection via a consultation process, supported by scientific evidence.
2) Marine genetic resources
The treaty will establish rules for sharing financial and non-financial benefits from the commercial application of genetic material sourced from high-seas marine organisms, such as bacteria, corals, or deep-sea sponges. This material can be used in medicine, cosmetics, foo,d and biotechnology; innovations with huge potential benefits for human health and wellbeing.
3) Capacity building and transfer of marine technology
The High Seas Treaty also supports technology and knowledge sharing — particularly to low-income countries that need these resources to advance conservation and sustainable ocean management and ensure they can participate fully in high-seas governance.
4) Environmental impact assessments
Some countries and companies are proposing activities such as marine carbon dioxide removal approaches in areas beyond national borders. The treaty will create a standard process for these actors to conduct assessments that can be shared transparently and follow international standards.
What’s Not Included in the Agreement?
The High Seas Treaty is designed to work within the parameters of existing legal instruments, frameworks, and bodies, such as Regional Fisheries Management Organisations (RFMOs) and existing fisheries agreements. For example, RFMOs will maintain responsibility for setting quotas and fishing rules under their jurisdiction.
While the High Seas Treaty will not directly regulate fisheries management, it will shape how fisheries operate on the high seas. This means influencing the environmental standards that fisheries must meet and encouraging a more joined‑up, ecosystem‑based approach to managing ocean resources. This will require closer coordination between fisheries bodies and new High Seas Treaty institutions, along with more data sharing and scientific input.
Which Countries Have Ratified the High Seas Treaty?
As of Jan. 15, the High Seas Treaty has been ratified by 83 parties, who are now legally bound to it. These are also the only countries that will have a say at the treaty summit (BBJN COP) later this year. Countries that have signed but not yet ratified the treaty are not currently legally required to fulfil its requirements. However, they are committed to refraining from activities that contradict the treaty’s objectives.
Countries that were among the first to ratify the treaty included island states such as Palau, Cuba, and the Maldives; European Union members including France, Portugal, and Spain; and other nations, such as Chile, Norway, and South Korea.
From Negotiation to Action
While the entry into force is a victory for multilateralism, the transition from paper to practice is the next major challenge. Organizations like OceanCare have called the treaty a “lifeline,” but emphasize that its true success will be measured by enforcement.
Key milestones ahead include:
-
PrepCom 3: A third preparatory commission meeting will be held in New York (March 23 – April 2, 2026) to finalize the “rules of the road.”
-
COP 1: The first official Conference of the Parties is expected to convene within the next year to establish the permanent Secretariat and begin designating the first High Seas protected areas.
-
Universal Ratification: While major economies like China, Germany, and Japan have ratified the treaty, advocates are pushing for holdouts—including the United States and the United Kingdom—to formally join to ensure global consistency.
The high seas act as the planet’s largest carbon sink and are home to biodiversity that remains largely undiscovered. For the first time, this “common heritage of humankind” is not just a philosophical concept, but a legally protected reality. The work to restore the health of the world’s oceans has officially entered a new, more accountable chapter.
The High Seas Treaty Enters Into Force as a Global Milestone for Ocean Protection
