HIGH SEAS TREATY: First treaty to protect international waters
With Morocco’s ratification last week, the High Seas Treaty, formally known as the Agreement under UNCLOS on the Conservation and Sustainable Use of Marine Biological Diversity Beyond National Jurisdiction, is now in place. The High Seas Treaty will enter into force in January 2026, 120 days after deposit. UN Secretary-General António Guterres said, “The Agreement on Marine Biological Diversity of Areas beyond National Jurisdiction, the BBNJ Agreement, has reached the required threshold of ratifications for entry into force. I welcome this historic achievement for the ocean and for multilateralism.”
It is seen as a major milestone. It provides the first binding global framework to manage and protect the world’s ocean commons, with the aim of safeguarding 30% of marine biodiversity by 2030. But its promise can only be fulfilled if key nations like the US, China, India ratify and actively implement its provisions.
As media and experts suggest, this marks the first legally binding global instrument dedicated to marine conservation in international waters, which continues to remain the biggest global crime scene as the vast, never-ending sea waters span nearly two-thirds of the world’s oceans and nearly half the Earth’s surface.
Over decades, the high seas remained mostly unregulated, making them vulnerable to overfishing, deep-sea mining, plastic pollution, climate-driven threats, smuggling and even terrorism. Existing regional or voluntary bodies lacked the authority or reach to manage these waters. The treaty provides a global institutional framework creating marine protected areas (MPAs) in so-called “global commons” where no single country can unilaterally act even though attempts by big and mighty will always be there to hold control of the international deep sea and its routes. At the heart of the treaty lies the ambition to meet the “30x30” target, protecting 30% of Earth’s land and sea by 2030. Crucially, it binds ratifying states to rules governing scientific cooperation, financial contributions, and regulation of high seas activities, delivering a far stronger instrument than earlier frameworks.
Within one year, the treaty’s formal governance structures, including the Conference of Parties (CoP), technical bodies, and a secretariat, will be convened to develop decision-making and oversight protocols. Going forward, countries will submit proposals for MPAs; these proposals will be assessed and voted on by other ratifying states through multilateral decision-making. While each state will conduct its own environmental assessments, a global monitoring mechanism will allow concerns to be raised and addressed.
The success of the treaty depends on three main factors: more countries formally approving it, strong implementation with adequate funding and support for developing nations, and strict enforcement on ships from member countries. However, three major powers, India, the United States, and China, have not yet ratified it. India signed in September 2023 and supports the treaty, but is still reviewing how it fits with national laws before seeking parliamentary approval. The U.S. and China have also signed but not ratified, which means they are not legally bound by its rules. Their absence, especially given their major naval and maritime activities, weakens global enforcement and leaves a significant gap in the treaty’s effectiveness.
Why Protecting the High Seas is Critical
The high seas play a vital role in absorbing carbon dioxide and heat, generating up to half of the oxygen we breathe. If this unchecked exploitation continues through deep-sea mining or illegal fishing, it massively threatens climate-regulating ecosystems that humanity relies on. The high seas, as we all know, are a shared global commons; nobody owns them, but everyone uses them. Without binding rules, exploitation by one state affects all. It is exactly like how a particular football match would be played without rules or a referee. Marine genetic resources are critical for scientific discovery and biotechnology. It must be fairly governed to prevent “ocean colonialism.” Reports suggest that nearly 10% of assessed marine species are at risk of extinction, with fragile deep-sea ecosystems under threat from warming, acidification, and over-harvesting. Media and experts say that ocean ecosystems contribute an estimated $2.5 trillion to global economies annually and support millions of livelihoods, especially in small island and coastal nations. Yet only about 1–2% of the high seas are currently under any form of protection, and nearly all of that is weakly enforced. The treaty aims to transform that into 30% protection by 2030 through legally recognised MPAs and governance mechanisms.
Challenges
The treaty provides a legal framework, but its success is not certain. A major challenge is whether big maritime powers like the U.S., China, and India will ratify it. Without them, and some other important countries, global enforcement becomes weak. Even for members, enforcement is tricky, as the treaty relies on countries to regulate their own ships, which may not work well without proper monitoring and transparency. Funding and expertise are also big concerns, since many developing nations will need support to create and manage Marine Protected Areas (MPAs). Finally, time is short: countries have only a year to agree on zones, governance rules, and financing. Any delay could cause momentum to be lost.
Climate change experts and several Civil society groups are urging decisive steps. As one of the environmentalists warned that if action is not taken now, then it will never happen. The high seas belong both to no one and to all of us… We have the rare chance to stop the loss of nature now before we lose it forever.
India, having one of the largest coastal areas and as a leading maritime nation, can play a key leadership role in strengthening the global ocean treaty. It has pledged to ratify the pact but must first align its maritime laws, strengthen institutions to engage in treaty bodies, and build capacity through funding and partnerships. Taking these steps would not only fulfil India’s promise of supporting “ocean justice” but also inspire regional neighbours and boost the treaty’s global credibility.
Building on decades of scientific research and advocacy, the High Sea treaty is the best chance and a legal turning point that offers humanity a chance to move from extractive exploitation to shared stewardship of the high seas. In an era of deepening environmental crisis, it may be our last best hope to preserve the oceans that sustain life on Earth. As in the words of the UN Secretary General, “...as we confront the triple planetary crisis of climate change, biodiversity loss and pollution, this agreement is a lifeline for the ocean and humanity…the ocean’s health is humanity’s health.”
Surinder Singh Oberoi,
National Editor Greater Kashmir
