A turning point for ocean protection: The High Seas Treaty

The High Seas Treaty, officially known as the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement) was signed in September 2023, during the United Nations General Assembly in New York. This Convention what is now regarded as one of the most important environmental agreements for the protection of the oceans.

In June 2025, the United Nations Ocean Conference in Nice brought together over 50 heads of state, to highlight, among other things, the importance of ratifying this treaty, in order to preserve and protect the oceans.

After nearly 20 years of negotiation, the treaty aims to address a number of thorny issues which had previously been not been resolved:

to provide a more robust international legal framework,
to promote sustainable exploitation,
to carry out environmental impact assessments,
to ensure the sharing of marine genetic resources,
to promote counter measure against climate change impact,
to have marine protected areas and enforcement.

The objective of the treaty, as defined in Article 2, is “to ensure the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction… for the present and in the long term.”

Background

The legal recognition of the high seas as a shared global space traces back to the 1960s, when Malta proposed to the United Nations that the deep seabed and areas beyond national jurisdiction should be considered the common heritage of mankind.

This principle, later enshrined in the United Nations Convention on the Law of the Sea (UNCLOS), marked a turning point by establishing that the ocean floor and its resources could not be claimed or exploited unilaterally by any one state or private actor. Instead, they were to be managed collectively for the benefit of all humanity.

This is very much in line with long-standing Roman law principles, such as res communis and the idea of the public domain. In time, however, certain loopholes in the current international framework exposed weaknesses in the system, with both real and potential damage to the marine environment. Whilst navigation and fishing – may be permissible, other activities such as large-scale commercial mining required further regulation and international oversight.

This Treaty builds upon this legal premise, extending its scope from the seabed to the protection of marine bio-diversity, as well as addressing problems which UNCLOS left unresolved.

The Treaty does not ban fishing nor prohibit economic activities on the high seas. Instead, it sets out principles for “sustainable use”.

Article 7 introduces general principles and approaches : such as the “precautionary approach” and the “ecosystem approach”. These principles aim to ensure that ocean resources are used in a way that is sustainable and equitable.

The treaty also recognizes the needs of developing countries and aims to strike a balance between environmental protection and the interests of developing states.

Why it took nearly two decades

The drafters of the Treaty had to face conflicting interests amongst states, and a fragmented institutional landscape, each having its own mandate.

In order to arrive at a consensus, the treaty negotiators had to be careful, not to disrupt the legitimacy of these existing institutions while ensuring the objectives of the Treaty could be achieved. Developing countries demanded guaranteed access to marine resources and a fair share of the benefits to be derived. Industrialized nations like UK and France, on the other hand, were wary of new limitations on high seas fishing and restrictions on deep-sea mining.

What the Treaty proposes and how it works

The BBNJ Agreement introduces a new legal framework that is designed to improve co-ordination among states on ocean governance. One of its core functions is the establishment of marine protected areas, beyond national jurisdiction, as outlined in Article 17.

This provision offers a pathway to implement the “30×30” global bio-diversity target, which aims to protect 30% of the world’s ocean by 2030. Currently, less than 1.5 % of the high seas is officially protected.

The treaty also includes, by way of Articles 28 to 33, binding requirements for environmental impact assessments. These assessments must be carried out before any activity likely to cause significant environmental harm can proceed. This requirement is particularly relevant for industries such as deep-sea mining and large-scale commercial fishing, which have long operated in poorly regulated international waters. For instance, if a company intends to conduct deep-sea mining outside of territorial waters, it would first need to evaluate and disclose the potential impact on the sea-bed eco-systems, including disruption of sediment layers, risks to undiscovered species, and the release of carbon stored in deep-sea habitats.

To ensure equitable access and benefit-sharing, Articles 9 and 14 of the treaty create a framework for the use of marine genetic resources and sharing of information. These provisions ensure that all countries, regardless of their technological or scientific capacity, can benefit from the latest scientific research on the subject.

Capacity building and technology transfer are addressed in the agreement in Articles 40 to 46. The aim is to “develop the marine scientific and technological capacity, including with respect to research, of Parties, in particular developing States Parties, with regard to the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, including through access to marine technology by, and the transfer of marine technology to, developing States Parties”.

International cooperation

The European Union has played a leading role in promoting the treaty through its High Ambition Coalition. It has pledged funding through the Global Ocean Programme (an EU initiative focused on improving ocean governance, conservation, and sustainable use, particularly in areas beyond national jurisdiction) to assist countries to implement the agreement and has encouraged other signatories to follow suit. Article 8 reflects this commitment to international collaboration and emphasizes the importance of inclusive governance.

A notable platform highlighting the importance of the protection and sustainable use of the oceans and marine resources is the Blue Economy and Finance Forum. At its global event this year, in Monaco on 7^th of June, where it brought together experts, policymakers, investors, and innovators, one key speaker, Prince William, described the degradation of the oceans as heartbreaking and called for urgent action. Reference was also made to the Netflix’s documentary Oceans as a vivid illustration of the harm caused to the marine environment.

Ratification and implementation

Although the treaty was adopted in 2023, it will only enter into force once 60 countries have completed the formal ratification process, as established in Article 68. As of June 2025, 50 countries have ratified the agreement. Notable early ratifiers include Malta, France and Spain.

The United States, UK, Canada, India, and Russia have not yet completed the ratification process. This absence is significant, particularly given the economic and geopolitical weight of these nations and their role in global ocean activity. Recently the UK government indicated that it will ratify the Treaty by the end of 2025.

Once ratified, the treaty will activate mechanisms such as the Access and Benefit-Sharing Committee (Article 15), the Conference of the Parties (Article 47), and emergency measures to protect marine bio-diversity (Article 24). These institutional tools are essential for the compliance and the achievement of the objectives of the treaty.

The Treaty, in its Part IX, establishes a comprehensive framework for the peaceful settlement of disputes. In line with the principles set out in Part XV of the United Nations Convention on the Law of the Sea (UNCLOS), the Agreement obliges parties to resolve disputes through consultation and negotiation. Where such efforts fail, Article 60 enables states to refer disputes to binding dispute resolution mechanisms, including the International Tribunal for the Law of the Sea, the International Court of Justice, or arbitral tribunals, depending on each party’s declared preferences under UNCLOS Article 287.

Future

The Treaty represents a turning point in global efforts to manage and protect the oceans beyond national boundaries and reverse the accelerating degradation of marine ecosystems worldwide While the legal framework is now in place, its real impact depends on timely ratification and full implementation.

This article was co-authored by Matteo Fugazza.