After two decades of complex negotiations, a landmark international treaty to protect the high seas has secured the necessary ratifications to become international law, triggering a new era of governance for the vast and vital marine ecosystems beyond national borders. The milestone was reached on September 19, 2025, when Morocco became the 60th nation to formally ratify the agreement, setting in motion a 120-day countdown for its official entry into force in January 2026.

The treaty, formally known as the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ), provides the first-ever comprehensive legal framework for conserving biodiversity and managing human activities in international waters. These areas, which cover nearly two-thirds of the world’s ocean and more than 70% of the planet’s surface, have long operated with fragmented oversight, leaving them vulnerable to escalating threats from pollution, overfishing, and climate change. The agreement now offers powerful new tools to counter these pressures, enabling the creation of marine protected areas and mandating environmental impact assessments for commercial activities.

A Treaty Two Decades in the Making

The journey to this historic achievement was a marathon of multilateral diplomacy. Adopted by UN Member States in June 2023, the treaty text was the culmination of nearly 20 years of formal and informal discussions under the United Nations Convention on the Law of the Sea (UNCLOS), often called the “constitution for the oceans.” While UNCLOS established the general legal framework for all marine and maritime activities, it lacked specific mechanisms to protect biodiversity in areas beyond national jurisdiction. The BBNJ Agreement was designed to fill this critical governance gap.

The treaty opened for signatures on September 20, 2023, with nations signaling their intent to ratify. The process required at least 60 countries to formally consent to be bound by its terms. Island states like Palau, which became the first country to ratify in January 2024, were among the earliest champions, citing their deep dependence on a healthy ocean. In the two years that followed its adoption, a coalition of nations from every region worked to turn commitment into action, a pace some observers noted was faster than predicted for such a complex international agreement. The final push saw Sierra Leone ratify alongside Morocco, becoming the 61st party to the pact.

Core Pillars of Ocean Protection

The High Seas Treaty is built on four central pillars designed to create a holistic and legally binding approach to ocean stewardship. These components address long-standing challenges in managing a global common resource and aim to foster both conservation and equity.

Establishing Marine Protected Areas

A cornerstone of the treaty is the mechanism it creates for establishing marine protected areas (MPAs) in the high seas. For the first time, the international community will have a legal pathway to protect ecologically significant areas, such as critical habitats for migratory species, unique deep-sea ecosystems, and regions important for climate change mitigation. This provision is considered essential for achieving the ambitious goals of the Kunming-Montreal Global Biodiversity Framework, particularly the target to protect 30% of the world’s land and sea by 2030. The treaty outlines the process for proposing, assessing, and managing these MPAs, ensuring that decisions are based on the best available science.

Mandating Environmental Impact Assessments

The agreement introduces a legal requirement for all ratifying countries to conduct environmental impact assessments (EIAs) for planned activities in international waters. This includes emerging industries like deep-sea mining, as well as existing ones such as shipping and fishing. Before undertaking activities that could significantly harm marine life, nations must evaluate the potential consequences and demonstrate that they will not cause irreparable damage to biodiversity. This measure shifts the paradigm from a largely unregulated space to one governed by precaution and scientific foresight, ensuring that new ventures are scrutinized for their environmental footprint.

Ensuring Equitable Benefit-Sharing

One of the most groundbreaking and heavily debated components of the treaty is its framework for the equitable sharing of benefits derived from marine genetic resources (MGRs). MGRs are materials from marine life, such as sponges or microbes, that can be used for commercial applications, including pharmaceuticals and biotechnology. Historically, the benefits of such discoveries have disproportionately favored technologically advanced nations. The treaty establishes a system to ensure that access to these resources and the monetary and non-monetary benefits from their use are shared fairly with the global community, particularly developing countries.

From Ratification to Implementation

With the ratification threshold met, the focus now shifts to the complex process of implementation. The treaty will officially become international law on January 17, 2026. Per the agreement’s terms, the first Conference of the Parties (COP) must be convened within one year of its entry into force, with many anticipating the meeting will occur in late 2026. This inaugural COP will be a critical forum where member states will begin the practical work of establishing the institutions and processes needed to make the treaty operational.

Key tasks will include defining the procedures for proposing and managing MPAs, standardizing the requirements for EIAs, and creating the specific mechanisms for benefit-sharing from MGRs. Preparatory work is already underway at the United Nations to lay the groundwork for these institutions. Scientists and non-governmental organizations are also beginning to develop proposals for potential high seas MPAs to protect critical biodiversity hotspots once the treaty is operational.

A Global Effort for a Shared Ocean

The successful ratification of the High Seas Treaty is being hailed as a major victory for multilateralism and a lifeline for the ocean. UN Secretary-General António Guterres called the milestone a “historic achievement for the ocean and for multilateralism,” emphasizing that it shows what is possible when nations unite for the common good. The treaty addresses the interconnected crises of climate change, biodiversity loss, and pollution by providing a coordinated global framework for action.

While over 140 countries have signed the treaty, advocates stress that achieving universal participation is the ultimate goal. Experts and organizations like the High Seas Alliance are urging all remaining nations to ratify the agreement to ensure its global effectiveness. The treaty’s strength, they argue, will depend on broad participation and robust enforcement. As the world confronts the profound challenges facing its largest ecosystem, this agreement provides a new foundation for collective responsibility and a shared commitment to safeguarding the health of the ocean for generations to come.

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