After 20 Years, an Agreement to Protect the 'High Seas'

The ocean makes up nearly 70% of the planet’s surface, bursting with rich biodiversity and natural resources that are vital for both the climate and economies. Yet, beyond national coastlines, protecting much of the ocean has long been a murky endeavor.

But after nearly 20 years, governments, scientists and ocean advocates have finally secured a global treaty to protect marine life in the ocean areas that lie beyond countries’ individual jurisdictions. These vast, mostly unregulated waters, known as the high seas, hold huge importance to the health of the planet.

On Sept. 19, Morocco became the 60th country to ratify the Treaty for the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ agreement), under the UN Law of the Sea Convention (UNCLOS). Commonly known as the High Seas Treaty, it will enter into force 120 days from this date. 

The countdown has also begun to the first Conference of Parties (BBNJ-COP), where the details on how this treaty will be fully implemented will be discussed. Included in these discussions will be the designation of high seas marine protected areas, environmental impact assessment procedures for activities in areas beyond national jurisdiction, and benefit-sharing mechanisms for marine genetic resources.

Why the High Seas Treaty Matters

The ambition of the High Seas Treaty has always been immense. Roughly two-thirds of the ocean lies outside any single country’s jurisdiction, forming a collective space teeming with life from microscopic plankton to colossal blue whales.

The high seas are also home to lucrative natural resources, which countries and companies increasingly seek to explore and exploit, such as critical minerals needed for EV batteries and other low carbon technologies and marine genetic materials that are increasingly sought after to support pharmaceuticals, biotechnology and other innovations.

Yet, without a binding treaty, the high seas are governed patchwork-style through regional fisheries agreements, shipping conventions and scattered marine protected areas. This leaves critical gaps in protecting marine biodiversity or ensuring developing countries are also benefiting from discoveries made in international water.

The High Seas Treaty will fill critical regulatory gaps, complement national efforts and unlock the ability to start implementing the treaty’s conservation measures, which are critical for achieving international climate and biodiversity goals. In addition, the treaty will help guide regional cooperation and link seamlessly to sustainable ocean plans for national waters already being delivered by member countries of the High Level Panel for Sustainable Ocean Economy and future plans through the 100% Alliance. Together, they will weave a comprehensive net of ocean stewardship from coastlines to open ocean. 

What's Included in the High Seas Treaty 

In 2023, countries compromised on four core pillars of the BBNJ agreement:

1) Area-Based Management Tools, Including Marine Protected Areas

The treaty will create a mechanism to establish marine protected areas (MPAs) and other conservation management tools on the high seas. MPAs are typically clearly defined geographical spaces, recognized, dedicated and managed, through legal or other effective means, to conserve marine biodiversity and ecosystems.

Many MPAs on the high seas already exist. For example, in 2010, six MPAs were established in the Northeast Atlantic with a total area of 286,200 square kilometers (110,502 square miles) and in 2016, the Ross Sea MPA with a total area of 1.5 million square kilometers (600,000 square miles) was established in the Southern Ocean.

The treaty will also establish a process for proposing new zones for protection via a consultation process, supported by scientific evidence.

2) Marine Genetic Resources

The treaty will also 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 — that can be used in medicine, cosmetics, food, and biotechnology. These innovations hold huge potential benefits for human health and wellbeing.

3) Capacity Building and Transfer of Marine Technology

The High Seas Treaty also supports sharing technology and knowledge developments, particularly to low-income countries that need and request it for conservation and sustainable use to ensure they participate fully in high seas governance.

4) Environmental Impact Assessments

The treaty will create a process for countries or companies proposing high seas activities — such as deep-sea mining in areas beyond national borders — to conduct assessments and follow international standards, that can be shared transparently.

Which Countries Signed the High Seas Treaty?

As of Sept. 19, the treaty has been ratified by 60 parties. Those 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. Morocco became the 60th country to ratify the treaty. (Track the complete list on the UN website here.)

How Did We Get to the 60 Countries Needed to Ratify the Treaty?

Starting in the early 2000s, the United Nations began informal discussions on how to close the regulatory gaps over how to manage the high seas.  But the very complexity of coordinating nearly 200 countries meant progress was often incremental, alternately buoyed by breakthroughs and bogged down by competing interests.

The slow ratification progress highlighted both the strengths and limitations of international diplomacy. On the one hand, global consensus ensured that the resulting High Seas Treaty created a single set of rules for all high-seas users. On the other hand, aligning the diverse interests of small island states, distant water fishing nations and environmental non-profit organizations was inherently time-consuming.

Moreover, the decision-making processes of the UN, can struggle to keep pace with the urgent, evolving threats that marine ecosystems face: like the increasing demand for deep-sea minerals, growing plastic pollution and overfishing practices.

However, at this year’s United Nations Ocean Conference in Nice, co-hosts France and Costa Rica emphasized the importance of ratifying the treaty, brining renewed vigor to the efforts. Three months later, the 60-country milestone has finally been reached.  Now, a new implementation planning phase is set to begin.

What’s Next for the High Seas Treaty?

For the treaty to be effective, it is crucial that the underlying framework and governance structures are agreed upon before coming into force. The BBNJ Preparatory Commission hopes to fill this gap: shaping the treaty operations and preparing for the first BBNJ COP.

Governments and negotiators are hoping to develop key recommendations to shape the critical elements of the treaty. This includes forming governing structures; outlining the roles and responsibilities of institutions such as those that provide data, and scientific and technical advice; creating tools and mechanisms to ensure equitable implementation of the treaty; and establishing systems to ensure funding and technical knowledge is distributed so all member states can fully participate.  

In 2026, the first BBNJ COP will see these recommendations brought forward and hopefully adopted. It is critical therefore that these preparatory meetings are constructive and that a consensus is reached. Only with the right governing and financial mechanisms in place can this High Seas Treaty go from a landmark agreement to a fully functioning international treaty that protects the global ocean.

Management of the ocean needs to be as interconnected as the ocean itself. By weaving together national actions with a robust global treaty, the world can ensure a resilient, equitable and thriving ocean for generations to come. This treaty is a milestone in the international drive to protect the ocean as a shared resource. Now, the world must turn this into effective action with a robust management and governance framework.

Cover photo:  Okyela/Shutterstock