The High Seas Treaty formally entered into force on 17 January 2026, marking a major milestone for international environmental governance. Also known as the BBNJ Agreement (Biodiversity Beyond National Jurisdiction), the treaty establishes, for the first time, a binding global legal framework to protect marine biodiversity in international waters beyond 200 nautical miles from national coastlines. These areas cover nearly two-thirds of the world’s oceans and have historically faced limited oversight despite growing pressures from resource extraction, pollution, and climate change.

The treaty’s entry into force follows the ratification of the 60th state in September, triggering a 120-day countdown under international law. After more than two decades of negotiations, the focus now shifts from diplomacy to implementation, raising questions about how effectively the agreement will translate into real protections for the high seas.

A New Legal Framework for Marine Protection

The BBNJ Agreement closes long-standing governance gaps by introducing common rules for conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction. According to Nathalie Rey, Europe Regional Coordinator at the High Seas Alliance, the treaty creates clearer standards for environmental impact assessments, strengthens access to marine scientific research and technology, and establishes mechanisms for capacity building and benefit sharing.

At its core, the agreement recognises the high seas as part of the global commons, requiring collective responsibility rather than fragmented national approaches. This shift is widely viewed as essential for addressing biodiversity loss and climate impacts in marine ecosystems that transcend borders.

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Marine Protected Areas Beyond National Jurisdiction

One of the treaty’s most significant innovations is the ability to establish Marine Protected Areas in international waters. These protected zones are expected to play a critical role in meeting the global target to conserve 30% of the ocean by 2030 under the Kunming–Montreal Global Biodiversity Framework.

Unlike many multilateral environmental agreements that rely on consensus decision-making, the BBNJ framework allows MPAs to be approved by a two-thirds majority if unanimity cannot be reached. This design reduces the risk that a small number of states could block conservation measures supported by most parties.

Conservation groups have already identified candidate sites for early protection, including the Lost City hydrothermal vent system in the North Atlantic and the Nazca and Salas y Gómez ridges off the Chilean coast. These regions host unique ecosystems, with high levels of endemic species and ecological significance for migratory marine life such as whales and sea turtles.

Genetic Resources and Benefit Sharing

Another cornerstone of the treaty is the fair and equitable sharing of benefits derived from marine genetic resources found in international waters. The agreement applies to genetic material from marine organisms, including digital sequence information, recognising their potential value for sectors such as pharmaceuticals, biotechnology, and cosmetics.

The treaty addresses longstanding concerns that only a handful of technologically advanced countries have been able to explore and commercialise deep-sea genetic resources. Under the new framework, both monetary and non-monetary benefits, including shared research, access to samples, and funding through a dedicated mechanism, are intended to support broader participation, particularly by developing states.

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Ratification Gaps and Global Participation

As of January 2026, 83 of the 145 signatory states have ratified the treaty, including China, Brazil, France, Spain, and Japan. Several major economies, such as Germany, the United Kingdom, and India, are advancing domestic ratification processes. While the European Union ratified the agreement in 2024, some member states, including Italy, have yet to complete national approval.

Countries that remain outside the treaty will have limited influence over decisions taken at future Conferences of the Parties. Observers note that broad participation is critical to avoid fragmented ocean governance, legal loopholes, and uneven enforcement across international waters.

Implementation, Monitoring, and Finance

The treaty establishes obligations for states to align national laws with its provisions and creates an Implementation and Compliance Committee to monitor progress. The committee is designed to operate through cooperation and transparency rather than punitive enforcement, reflecting the treaty’s emphasis on shared responsibility.

However, significant challenges remain. Effective monitoring of vast ocean areas requires advanced technologies, data access, and technical expertise that are unevenly distributed among countries. Capacity building and technology transfer are therefore central pillars of the agreement, alongside predictable and sustained financing.

Experts warn that without adequate funding for monitoring, compliance, and scientific cooperation, the treaty risks becoming a strong legal framework with limited real-world impact. The success of the High Seas Treaty will ultimately depend on whether governments translate its provisions into coordinated action on the water, ensuring that international law delivers tangible protection for marine biodiversity.

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