The ocean makes up nearly 70 percent 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.
For nearly 20 years, governments, scientists and ocean advocates have worked toward securing 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.
Finally, in June 2023, the 193 member states of the United Nations adopted the landmark 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).
Though the text of what is commonly known as the “High Seas Treaty,” has been agreed, the story is far from over. It’s awaiting the political will of 60 countries to ratify it, at which time it will trigger a 120-day countdown, leading to the first Conference of Parties (BBNJ COP) that will determine how it’s fully implemented.
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.
When ratified, the High Seas Treaty will fill critical regulatory gaps and complement national efforts. It will help to 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 (Ocean Panel) 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 Have Signed the High Seas Treaty?
Just ahead of the third UN Oceans Conference (UNOC), taking place in Nice, France beginning June 9, the treaty was signed by 116 countries and ratified by 32. Those ratifying the treaty include island states such as Antigua and Barbuda, Barbados, Belize, Cuba, Dominica and the Maldives; the European Union and some of its members including France, Portugal and Spain; and other nations such as Chile, Norway and South Korea. More countries are expected to ratify the treaty during the conference. (Track them on the UN website here.)
Why Is it Taking So Long for the Treaty to Ratify?
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, wrangling over how to share the benefits of its natural resources while ensuring necessary protections. 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 highlights both the strengths and limitations of international diplomacy. On the one hand, global consensus ensures that the resulting High Seas Treaty creates 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 is inherently time-consuming. Each negotiating text must thread the needle between these interests, with every word or comma potentially sparking months of debate.
Moreover, the decision-making processes of the UN, anchored in principles of sovereign equality and consensus-building, 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. By the time a treaty is finalized, new pressures may emerge, requiring fresh rounds of technical and legal work.
Countries, operating within their own jurisdictions — also known as exclusive economic zones, which extend 200 nautical miles from a country’s coastline — can make more immediate progress on conservation and climate initiatives. For example, Ocean Panel members are sustainably managing 100% of their national waters. The process for developing these holistic sustainable ocean plans, while not simple, has been faster than multilateral processes. Ocean Panel members are now calling on all coastal and ocean states to replicate this success in their own national waters by 2030 by joining the 100% Alliance.
What’s Next for the High Seas Treaty?
At this month’s UNOC, it’s expected that many UN member states will announce either their signing or ratification of the High Seas Treaty. However, for it to be effective, it is crucial that the underlying framework and governance structures are agreed upon before coming into force. The BBNJ Preparatory Commission (BBNJ PrepCom) 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.
The first BBNJ COP will see these recommendations brought forward and hopefully adopted. It is critical therefore that these meetings are constructive and that a consensus is reached. Only with the relevant 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.