After two decades of debate, this Saturday, January 17, the High Seas Treaty finally came into force, which aims to protect international waters and oceanic biodiversity.
Its goal is to sustainably manage the largest habitat on the planet: waters located more than 200 nautical miles from the coast.
This binding UN agreement will thus cover two-thirds of the planet’s oceans, previously considered “lawless territory” for not belonging to any nation.
The signing of the treaty was possible after the necessary threshold of 81 countries ratified it.
This includes significant economic powers relevant to maritime trade such as China, Germany, Japan, France, or Brazil.
Formally called the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction, the High Seas Treaty was agreed upon in March 2023.
However, it was only nearly three years later that the ratification by 81 nations was achieved, enabling the implementation of the agreement that seeks to revolutionize the care of international waters.
A framework to protect 30% of the oceans
The High Seas Treaty will allow the implementation of the Kunming-Montreal Global Biodiversity Framework. This commits countries to protect at least 30% of the oceans by 2030.
Additionally, it also establishes tools to create marine protected areas (MPAs) in international waters.
According to the United Nations (UN) Secretary-General, António Guterres, it is “a historic achievement for the ocean and multilateralism.”
The agreement strengthens the current international legal framework: it is based on the United Nations Convention on the Law of the Sea, considered the “constitution of the oceans”, which came into force in 1994.
In reality, the text seeks to address the gaps in the Convention and includes details on how to manage biodiversity.
Thus, the High Seas Treaty establishes a common framework for the access and use of marine genetic resources.
Firstly, it incorporates the principle of “fair and equitable” sharing of the benefits derived from the use of the oceans.
Then, it defines multilateral procedures, scientific criteria, and monitoring mechanisms for the establishment and management of oceanic protected areas.
It also regulates the environmental impact assessments of planned activities in high seas.
Significant absences of the High Seas Treaty
Among the countries that have not yet ratified the treaty are the United States, India, the United Kingdom, and Russia.
The United States, the world’s largest economy, adopted the treaty in 2023, but the Senate never acted on it.
For its part, Russia remains one of the few countries that has neither adopted nor ratified the High Seas Treaty.
To date, Moscow claims its desire to preserve existing governance frameworks and ensure freedom of navigation in international waters.
The next steps and challenges after the High Seas Treaty
Following its implementation, the first meeting to monitor the progress of the High Seas Treaty must take place one year after its entry into force.
To this end, a Conference of the Parties (COP) will be established at the UN headquarters in New York. This is expected to occur in the second half of 2026 or early 2027.
This will allow for the assessment and limitation of the impact of new human activities, such as underwater mining, and address overfishing and pollution.
For Greenpeace, this means that “humanity’s relationship with what covers two-thirds of our planet will change profoundly.”
According to José Luis García Varas, head of WWF’s Marine Program, the treaty represents “an unprecedented opportunity to strengthen the conservation and sustainable management of the oceans.”
Rebecca Hubbard, director of High Seas Alliance, highlighted that the High Seas Treaty is “an important milestone not only for ocean governance but also for multilateralism.”
According to the specialist, it offers “a small ray of hope” in times of global political turbulence.
