Global Ocean Protection Enters New Era as High Seas Treaty Officially Becomes Law

On January 17, 2026, the international community reached a historic milestone as the United Nations Agreement on Biodiversity Beyond National Jurisdiction, widely known as the High Seas Treaty (BBNJ), officially entered into force. This legally binding document establishes the first comprehensive regulatory framework designed to ensure the conservation and sustainable use of marine biodiversity in international waters. Prior to this implementation, these vast oceanic regions, which lie outside any single nation's control, remained largely unregulated and vulnerable to environmental exploitation.

The treaty's activation follows nearly twenty years of diplomatic dialogue, with the final text being agreed upon in June 2023. The path to its enforcement was secured on September 19, 2025, when the requirement of 60 ratifications was met, triggering a 120-day countdown period. Adam McCarthy, the former First Assistant Secretary of the Australian Department of Foreign Affairs and Trade and co-chair of the BBNJ Preparatory Commission, noted that the high seas represent nearly half of the planet's surface and the majority of its living space. At the time of its commencement, the agreement includes 81 Parties, such as the European Union and 16 of its member states, with 145 total signatories including major economies like China, Brazil, Germany, France, and Japan.

The core objectives of the BBNJ Agreement are centered on mitigating the growing threats of overfishing, pollution, and the loss of biodiversity. These efforts are essential for meeting the global target of protecting 30% of the world’s oceans by 2030. To achieve these goals, the treaty introduces several key mandates:

• The creation of Marine Protected Areas (MPAs) in the high seas to preserve critical ecosystems.
• The implementation of mandatory Environmental Impact Assessments (EIAs) for any activities that may cause significant harm to the marine environment.
• The establishment of a fair system for sharing the benefits of Marine Genetic Resources (MGR).
• Support for developing nations through technology transfer and capacity-building initiatives.

UN Secretary-General António Guterres emphasized the critical nature of this accord, stating that "ocean health is human health." As the treaty moves into its operational phase, the first Conference of the Parties (COP) is expected to meet within a year to establish the necessary administrative and decision-making bodies. This agreement goes beyond previous legal instruments by holding polluters accountable and providing clear mechanisms for resolving international disputes. Built upon the foundation of the UN Convention on the Law of the Sea (UNCLOS), the treaty fosters global cooperation and supports the UN Sustainable Development Goals related to the preservation of marine resources.

While the treaty marks a significant step forward, its global reach is currently limited by the lack of ratification from certain key players. Although the United States signed the agreement in 2023, it has not yet ratified it. Additionally, the Russian Federation has neither signed nor ratified the treaty as of its entry into force. These geopolitical factors will likely influence the treaty's long-term effectiveness as the international community works toward a more unified approach to ocean governance.