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The ratification of the High Seas Treaty, formally known as the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, by over 60 countries in September 2025 marks a watershed moment in global marine governance.

Set to enter into force in January 2026, the treaty seeks to fill long-standing gaps in the United Nations Convention on the Law of the Sea (UNCLOS, 1982) by creating a comprehensive framework for conserving and sustainably using marine biodiversity in areas beyond national jurisdiction—waters that comprise nearly two-thirds of the global ocean.

Evolution and Objectives

• The origins of the treaty date back to 2004, when the UN General Assembly recognised the absence of clear guidelines under UNCLOS to protect biodiversity on the high seas and established an ad hoc working group.
• By 2011, states agreed to negotiate four central themes: Marine Genetic Resources (MGRs), Area-Based Management Tools (ABMTs) including Marine Protected Areas (MPAs), Environmental Impact Assessments (EIAs), and capacity building and technology transfer. Four Intergovernmental Conferences held between 2018 and 2023 culminated in a consensus in March 2023, leading to the adoption of the treaty in June 2023.
• The treaty’s overarching goal is to establish an inclusive global governance mechanism to ensure the sustainable use and long-term protection of marine biodiversity, particularly in the context of growing threats such as overfishing, pollution, deep-sea mining, and climate change.

Key Provisions

A cornerstone of the treaty is the recognition of Marine Genetic Resources as the “common heritage of humankind.” MGRs—genetic material from marine organisms that hold immense value for biotechnology, pharmaceuticals, and food systems—must be subject to fair and equitable benefit-sharing, both monetary and non-monetary.

The treaty also enables the creation of Area-Based Management Tools, most notably Marine Protected Areas, which will be identified using scientific assessments as well as indigenous and local knowledge. These MPAs aim to conserve critical ecosystems, strengthen climate resilience, and support global food security.

Further, the treaty mandates Environmental Impact Assessments for activities that could have significant, cumulative, or transboundary ecological effects. This introduces transparency and precaution into ocean activities that have previously operated with limited oversight.

To address disparities in ocean science capabilities, the treaty emphasises capacity building and technology transfer, enabling developing countries to participate meaningfully in marine research, monitoring, and governance.

Implementation Challenges

Despite its promise, the High Seas Treaty faces several obstacles. A major conceptual ambiguity exists between the principles of Common Heritage of Humankind and Freedom of the High Seas, the latter guaranteeing unrestricted navigation, scientific exploration, and resource extraction. The treaty applies the common heritage principle only to MGRs, leaving operational uncertainties that may hinder equitable benefit-sharing.

Governance of MGRs remains contentious due to lack of clarity on mechanisms for calculating, distributing, and enforcing benefits, raising concerns over biopiracy by technologically advanced nations and private corporations. Moreover, the absence of major maritime powers such as the United States, China, and Russia from the ratification process undermines the treaty’s universality and enforcement capacity.

Coordination with existing international institutions—including the International Seabed Authority (ISA) and Regional Fisheries Management Organisations (RFMOs)—is vital to prevent overlapping mandates and fragmented governance. Effective implementation will also require robust monitoring systems, dynamic management of MPAs, transparent data sharing, and substantial financial and technological support for developing countries.

Conclusion

The High Seas Treaty represents one of the most ambitious efforts in international environmental law, seeking to align conservation imperatives with equitable development. Its success will hinge on clear operational guidelines for benefit-sharing and EIAs, stronger institutional coordination, and broader ratification by key maritime states. If implemented with genuine global commitment, the treaty has the potential to transform the governance of the high seas, ensure sustainable access to ocean resources, and enhance the resilience of marine ecosystems at a time of escalating climate and biodiversity crises.