By Milliam Murigi
After nearly 20 years of negotiations, a historic treaty has entered into force to conserve and sustainably manage the oceans beyond national jurisdictions.
Dubbed the “High Seas Treaty,” formally known as the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement), the treaty officially entered into force on January 17, 2026.
It is the first comprehensive, legally binding treaty aimed at conserving marine life in areas that lie outside the sovereignty of any single nation—waters that constitute roughly two-thirds of the world’s oceans.
“The entry into force of the BBNJ Agreement today stands as a monument to multilateralism and to the years of dedication, dialogue, and cooperative action by countless committed people around the world,” said Singapore’s Ambassador for International Law, Rena Lee, who served as President of the Treaty negotiations.
The High Seas are a vast, largely unregulated expanse that covers nearly half the planet. They are home to countless species, from plankton to whales, and form part of the global commons upon which human societies rely.
Yet, until now, there was no overarching legal framework to govern their conservation or the sustainable use of their resources. The BBNJ Agreement changes that, establishing rules for marine protected areas, capacity building, technology access, and equitable sharing of benefits from marine biodiversity.
“This Treaty embodies hope, resolve, and a shared commitment to a brighter future for the ocean and our planet,” he added.
The treaty also provides the tools necessary to implement concrete conservation measures. Governments can now designate marine protected areas (MPAs) on the High Seas, set obligations for sustainable use of ocean resources, prioritise capacity-building initiatives, and ensure that benefits derived from marine biodiversity are shared fairly.
These steps are crucial for meeting international biodiversity targets, including the “30×30” goal of protecting 30 per cent of the world’s oceans by 2030.
“The High Seas are full of life—from tiny plankton all the way up to the great whales that rely on them. We’re only just beginning to understand how important this vast, interconnected world is for the health of our entire planet,” said Rebecca Hubbard, Director of the High Seas Alliance.
Adding that “Whether it’s underwater mountains, deep-sea plains and trenches, the icy polar waters, or the open-ocean highways that migratory species travel, the High Seas are as vital as they are immense. With the High Seas Treaty now coming into force, we finally have the tools to safeguard this extraordinary part of our planet. Protecting it really does mean protecting our future.”
The treaty also addresses broader challenges such as unregulated fishing, shipping, deep-sea mining, and pollution—all major threats to marine ecosystems in international waters. By providing a clear legal framework, the BBNJ Agreement empowers nations to work together to regulate activities that previously went unchecked. It also underscores the importance of capacity building, particularly in developing countries, to ensure that all nations can participate in monitoring and enforcing the treaty’s provisions.
“The High Seas Treaty opens the door to better protecting nearly half the Earth’s surface, but for the Treaty to reach its full potential, wider ratification is essential,” said Dr. Katie Matthews, Chief Scientist at Oceana. “If world leaders are serious about protecting 30 per cent of the ocean by 2030, ambitious action on the high seas is necessary. This is a shared responsibility and the time to act is now.”
However, despite all this, experts caution that moving the High Seas Treaty from legal text to practical impact will require swift and coordinated action. For too long, the high seas have lacked comprehensive governance, leaving vast areas teeming with life but vulnerable to overfishing, pollution, and other threats. While the treaty establishes a legal framework for conservation, its success will depend on how effectively governments implement measures such as creating marine protected areas, regulating resource use, and ensuring fair sharing of benefits from marine biodiversity.
“With the High Seas Treaty entering into force, the world has a chance to rewrite that story. Now governments must move swiftly from ratification to real-world impact, creating protected areas and safeguarding marine wildlife in places that have never known protection. IFAW stands ready to support bold, science-based action that puts biodiversity first,” said Matthew Collis, Senior Director of Policy at the International Fund for Animal Welfare (IFAW).
