Photo: Doug Bagg, Unsplash

What is the High Seas Treaty?

Landmark treaty seeks to protect marine biodiversity and sustainably manage ocean resources
19 January 2026

This post is also available in: Español

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This post is also available in: Español

The vast wealth of the world’s oceans – long a source of myth, ambition and exploitation – is at the center of a new landmark United Nations treaty aiming to safeguard marine life that lies beyond national boundaries.

The High Seas Treaty establishes the first comprehensive legal framework to conserve marine biodiversity and ensure the sustainable use of the ocean, which covers nearly 70 percent of the planet.

“If you are interested in serving people’s needs for food, for energy, for breathing air – which the oceans have a major impact on – you should really be in favor of [the treaty],” said Johan Bergenas, WWF’s senior vice-president of oceans, on a recent podcast.

While the pact marks a key milestone in ocean governance, it won’t be easy to implement. Significant challenges lie ahead as governments and corporations struggle over the use and management of marine resources, especially as overfishing, pollution and the climate crisis place immense pressure on ocean ecosystems.

“This groundbreaking treaty is a major step forward in protecting marine life in the two-thirds of the ocean that lie beyond countries’ national waters – the high seas,” says Rebecca Hubbard, director of the High Seas Alliance, which includes more than 70 non-governmental members and the International Union for Conservation of Nature (IUCN).

“However, the treaty’s entry into force marks just the beginning. To fulfill its promise, more countries must join, and early preparations for implementation are essential to turn commitments into action, including by developing protection proposals as soon as possible.”

But what exactly is the High Seas Treaty – and how big of an impact will it make? Here’s a quick rundown.

Shark and fish
The High Seas Treaty is the first global treaty that aims to protect marine biodiversity in international waters. Photo: Gerald Schömbs, Unsplash

What is the High Seas Treaty?

The High Seas Treaty provides a global framework to protect marine biodiversity on the high seas, which are areas of the ocean that lie beyond any country’s jurisdiction.

The treaty supports the creation of marine protected areas (MPAs) in international waters where marine life can thrive, protected from damaging human activities like fishing, mining and shipping.

It also includes measures for sharing technology, scientific collaboration and funding conservation efforts, while ensuring fair access to the benefits derived from marine resources used for food, pharmaceuticals and cosmetics.

The agreement operates under the UN Convention on the Law of the Sea (UNCLOS) and covers two-thirds of the world’s oceans. Previously, only about 1 percent of the high seas were regulated, covered by a leaky patchwork of treaties and institutions.

Formally known as the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ Agreement), it was adopted by UN Member States in June 2023 after nearly 20 years of negotiations.

Many countries quickly signed on, but it was only in September 2025 that 60 states ratified the agreement – the minimum number required for the treaty to take effect.

China, Japan and Brazil are among the most recent to ratify, bringing the total number of ratifications to 82 when the treaty entered into force on 17 January.

Why is the High Seas Treaty important?

The High Seas Treaty is the first global agreement covering the use of the high seas and its resources, and it will have a crucial part to play in protecting the ocean against overexploitation, pollution and the climate crisis.

“The oceans are in a terrible state,” says Minna Epps, director of global ocean policy at the IUCN Centre for Policy and Law.

Rising global temperatures have disrupted the ocean’s ability to produce oxygen and absorb carbon dioxide, while increasing acidity threatens marine biodiversity – including 78 percent of the world’s animal biomass.

The ocean is also one of the largest stores of carbon dioxide, sequestering about 15 times more carbon than land-based ecosystems, making it critical to regulating the global climate.

Commercial demands on the high seas are growing, creating problems such as overfishing. Sharks, whales and abalone – a species of shellfish – have come under particular pressure, driven by growing demand for seafood and pharmaceutical products.

At the same time, there is growing interest in exploiting the deep-sea minerals needed for electric vehicle batteries and low-carbon technologies, as well as marine genetic materials used in biotechnology.

Pollution is another serious problem. UN estimates warn that there could be more plastic than fish in the sea by 2050, further undermining the ocean’s ability to absorb carbon dioxide.

That means the treaty is also key to achieving the UN’s 30×30 pact, which aims to protect 30 percent of the Earth’s land and sea by 2030, as agreed at the Biodiversity COP15 in 2022.

The deep sea has long been written off as unimportant, dark and empty, says Epps: “As a result of that mindset, we know more about the moon than the deep oceans.”

Gummies
The High Seas Treaty will cover the use of marine genetic resources in consumer goods, such as collagen supplements. Photo: Supliful – Supplements On Demand, Unsplash

What does the High Seas Treaty cover?

The High Seas Treaty is built on four pillars:

  • Marine genetic resources: The treaty establishes rules governing access to genetic material sourced from high-seas organisms that can be used in medicine, cosmetics, food and biotechnology, as well as the fair sharing of financial and non-financial benefits.
  • Marine protected areas: A mechanism will be created to help countries establish and manage protected areas to conserve marine biodiversity.
  • Capacity building and technology transfer: The treaty will support low-income countries in conducting conservation activities and sustainably managing ocean resources.
  • Environmental impact assessments: New projects on the high seas, including fishing and deep sea mining, will be subject to assessments in line with international standards.

What does the treaty say about deep sea mining?

The High Seas Treaty includes provisions that cover deep sea mining, such as mandating environmental impact assessments and establishing new marine protected areas.

Scientists have warned that the potential impacts of deep sea mining are not yet well understood. While around 30 exploration licenses have been issued globally, no mining projects have yet begun, and countries remain divided over whether mining should proceed at all.

In July 2025, 38 countries called for a moratorium until further studies have been conducted.

“Deep sea mining is something new and frightening,” says Epps. “Countries are right to be concerned when there are so many unknowns.”

However, the practice is already regulated by the International Seabed Authority, a separate body also established under UNCLOS whose rules could conflict with those established under the High Seas Treaty. It remains unclear how conflicts between the two regulatory bodies will be resolved.

Meanwhile, the United States, which has not ratified UNCLOS, has pledged to defy those rules and push ahead with mining the ocean floor anyway.

Jellyfish
Many countries support the High Seas Treaty as a key tool to protect biodiversity. Photo: Lilian Do Khac, Unsplash

What’s next in the treaty process?

A preparatory commission is now shaping the underlying framework and governance of the High Seas Treaty, including a funding mechanism, a secretariat and a Conference of the Parties to convene within a year.

These bodies will decide how marine protected areas are designated, impact assessments are conducted and benefits are shared.

To date, 145 countries have signed the treaty, but only 82 have ratified it. The remaining 63 countries will not be involved in making these decisions until they have ratified.

However, most countries – even those not bounded by an ocean – see the treaty’s value and have shown their support by signing, says Epps. That’s partly because of its close connections with other important UN environmental pacts.

“The vast majority have signed with an intent to comply,” says Epps. “That also includes landlocked countries that see the oceans as a solution to a lot of other problems – [like] the climate crisis [and] biodiversity loss.”

Aside from the UN’s 30×30 pact, the High Seas Treaty also aligns with the 23 targets of the Convention on Biological Diversity.

“We cannot reach those targets if we are not able to create marine protected areas on the high seas,” says Epps.

The treaty’s success also demonstrates that multilateralism is still alive – and essential to solving the world’s most pressing challenges, says Hubbard.

“This moment marks the culmination of decades of effort and collective perseverance by governments, scientists, Indigenous Peoples, activists and countless ocean champions,” she says.

“It is proof that when countries join forces, even in politically challenging times, they can deliver solutions beyond the reach of any one nation – protecting our ocean, addressing the climate crisis and securing a sustainable future.”

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