Biodiversity decline, ecosystem degradation, climate change-related threats, and the expansion of human activities, such as overfishing, shipping, plastic pollution, and deep-sea mining, are posing significant risks to the world’s oceans.
The high seas, or areas beyond national jurisdiction (ABNJ), cover nearly 70% of Earth’s ocean surface and are beyond the authority of any single state.
These vast, unregulated waters host immense biodiversity, including unique species adapted to extreme heat, pressure, and darkness. They also provide critical ecosystem services, including seafood and raw materials, carbon sequestration, climate regulation and goals, and cultural and recreational benefits.
However, advancements in science and technology have intensified the exploitation of these marine resources, especially in remote regions. Growing industrial activity, coupled with traditional sectors such as fishing and shipping, has accelerated pollution, habitat loss, and overexploitation in the high seas.
The need for stronger international ocean governance
To safeguard these ecosystems, a coordinated international framework is essential. Over the years, several international treaties have shaped ocean governance, particularly the International Maritime Organisation (IMO) and the United Nations Convention on the Law of the Sea (UNCLOS).
The IMO focuses primarily on regulating marine pollution. The International Convention for the Prevention of Pollution from Ships (MARPOL), first signed in 1973 and entering into force in 1983, has significantly reduced oil pollution through improved tanker design and operational standards.
Meanwhile, UNCLOS, established in 1982, provides the main legal framework for managing global ocean use. It defines Exclusive Economic Zones (EEZs), areas extending 200 nautical miles from a nation’s coast, granting states rights to explore, conserve, and manage marine resources. Yet, beyond these EEZs lie the high seas, where fragmented and overlapping regulations have left much of the ocean effectively ungoverned.
The high seas treaty: A global turning point
To address this governance gap, the United Nations initiated discussions in 2004 that led to 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), commonly known as the High Seas Treaty.
In September 2025, Morocco became the 60th country to ratify the Treaty, triggering its entry into force 120 days later. The Treaty establishes the Conference of the Parties (BBNJ-COP), which is expected to convene its first meeting in 2026, where nations will determine how to operationalise their commitments.
According to the World Resources Institute (WRI), “The High Seas Treaty will fill critical regulatory gaps, complement national efforts, and unlock the ability to implement conservation measures vital for achieving global climate and biodiversity goals.”
In addition, the Treaty will help guide regional cooperation and seamlessly link to sustainable ocean plans for national waters, already being delivered by member countries of the High-Level Panel for Sustainable Ocean Economy, as well as to plans through the 100% Alliance. Together, they will weave a comprehensive net of ocean stewardship from coastlines to open ocean” (Pickerell & Swift, 2025).
The BBNJ Agreement focuses on four key areas:
- Marine genetic resources, including the fair and equitable sharing of benefits;
- Area-based management tools, such as marine protected areas;
- Environmental impact assessments; and
- Capacity-building and the transfer of marine technology.
Looking ahead: From commitment to action
The ratification of the High Seas Treaty marks a defining moment in global ocean governance. As demand for marine resources grows, from biotechnology to renewable energy, the Treaty provides a framework to ensure sustainability, equity, and ecological resilience.
With the first BBNJ-COP in 2026 on the horizon, countries now face the challenge of turning these commitments into concrete actions that safeguard marine biodiversity, strengthen cooperation, and secure the future of the world’s oceans.
Sources:
Pickerell, T., Swift, A. (2025, September 19). After 20 Years, an Agreement to Protect the ‘High Seas’. World Resources Institute. Retrieved from https://www.wri.org/insights/high-seas-treaty-explainer
Abegón-Novella, M. (2023). Making Sense of the Agreement on Biodiversity Beyond National Jurisdiction: The Road Ahead. Environmental Policy and Law. https://doi.org/10.3233_EPL-239012
Governing areas beyond national jurisdiction. (2022, March). IUCN. Retrieved from https://iucn.org/resources/issues-brief/governing-areas-beyond-national-jurisdiction
What is the “EEZ”? (2023, January 6). Ocean Exploration. Retrieved from https://oceanexplorer.noaa.gov/ocean-fact/useez/
Agreement on Marine Biological Diversity of Areas beyond National Jurisdiction BBNJ Agreement. (n.d.). United Nations. Retrieved from https://www.un.org/bbnjagreement/en

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