New Delhi: After nearly two decades of complex international negotiations, the United Nations Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction — widely known as the High Seas Treaty or BBNJ Agreement — officially became legally binding on January 17, 2026.
The landmark accord, which crossed the required threshold of 60 ratifications on September 19, 2025, now provides the world’s first comprehensive, legally binding framework for protecting marine biodiversity in the high seas and international seabed — areas that cover more than two-thirds of the global ocean surface and approximately half of the planet’s entire surface.
Experts describe the development as one of the most significant advances in ocean governance since the adoption of the United Nations Convention on the Law of the Sea (UNCLOS) itself.
Filling a Critical Governance Gap
For generations, the high seas — the vast stretches of ocean lying beyond any country’s 200-nautical-mile Exclusive Economic Zone — have functioned as a global commons open to all nations for navigation, overflight, submarine cable laying, scientific research, and fishing. Yet until now, there has been no unified, binding international regime specifically dedicated to conserving the extraordinary biodiversity found in these largely unregulated waters.
The high seas are home to millions of species — many still undiscovered — ranging from microscopic plankton that form the foundation of marine food webs to majestic migratory species such as great whales, sharks, and tuna that traverse thousands of kilometres across open ocean corridors, deep-sea trenches, underwater mountains, and polar waters.
The BBNJ Agreement directly addresses four long-standing governance gaps:
- Marine Genetic Resources — establishing rules for access and, crucially, fair and equitable sharing of benefits arising from the utilization of genetic resources collected from the high seas, including those used in pharmaceuticals, biotechnology, and other commercial applications.
- Area-Based Management Tools — including the designation of marine protected areas (MPAs) in international waters, enabling the creation of a global network of protected zones in previously unprotected ocean regions.
- Environmental Impact Assessments — requiring states to assess the potential environmental consequences of planned activities that may affect biodiversity in areas beyond national jurisdiction.
- Capacity Building and Marine Technology Transfer — committing developed nations to support developing countries through funding, training, scientific cooperation, and technology sharing.
The treaty also establishes new institutional machinery, including a Conference of the Parties (COP) as the principal decision-making body, a Clearing-House Mechanism for transparency and information exchange, and a dedicated secretariat. A financial mechanism has been created to mobilize resources for implementation.
Path to Entry into Force
The agreement was formally adopted by consensus on June 19, 2023, following 15 years of preparatory work and five rounds of intense negotiations under the United Nations Intergovernmental Conference.
It opened for signature in September 2023, quickly attracting signatures from 148 countries — more than three-quarters of UN member states — signalling unusually broad diplomatic momentum.
The critical ratification threshold of 60 instruments was reached last September, triggering the 120-day countdown to entry into force. By the time the treaty became legally binding on January 17, more than 80 nations had completed ratification, including major economies such as China, Brazil, Japan, Germany, and France, as well as many small island developing states like Palau, Cuba, and the Maldives.
Australia and the United Kingdom are widely expected to ratify in the coming months. The European Union has also deposited its instrument of approval.
Notably absent from the ratification list are the United States (which signed in 2023 but has not yet ratified), India (which signed but has not completed domestic ratification procedures), and Russia.
A Major Step Toward the 30×30 Goal
The High Seas Treaty is widely seen as essential for achieving the global “30 by 30” target — protecting at least 30% of the world’s oceans and lands by 2030 — a commitment endorsed at the 2022 UN Biodiversity Conference (COP15) in Montreal.
Currently, only about 8% of the ocean (roughly 29 million square kilometres) enjoys some form of formal protection. Environmental organisations estimate that meeting the 30% goal will require the establishment of up to 190,000 marine protected areas worldwide — an unprecedented scale of coordinated international action.
High Seas Alliance Director Rebecca Hubbard described the treaty’s entry into force as “a lifeline for an extraordinary part of our planet,” stressing that the high seas are “as vital as they are immense.”
First Assistant Secretary at the Australian Department of Foreign Affairs and Trade Adam McCarthy, who co-chaired the treaty’s preparatory committee, noted: “For the first time, two-thirds of the ocean — half the surface of the planet — will have a comprehensive legal regime.”
Important Limitations Remain
While the agreement is ambitious, it has defined boundaries. Deep-sea mining activities in the international seabed area remain governed exclusively by the International Seabed Authority (ISA) and are not directly regulated under the BBNJ framework. High seas fishing continues to be managed primarily through existing regional fisheries management organisations and the 1995 UN Fish Stocks Agreement.
Conservationists emphasise that the treaty must be viewed as a vital but incomplete piece of the broader puzzle needed to address ocean threats including climate change, plastic pollution, overfishing, and habitat destruction.
Looking Ahead
With entry into force now achieved, attention turns to rapid implementation. The first Conference of the Parties is expected to convene within the coming year to adopt rules of procedure, establish the Clearing-House Mechanism, begin the process of identifying and designating ecologically or biologically significant marine areas, and operationalise benefit-sharing arrangements.
UN Secretary-General António Guterres has repeatedly called the High Seas Treaty “a victory for multilateralism” and urged remaining countries to ratify swiftly.
As the world confronts accelerating biodiversity loss and climate disruption, the entry into force of the BBNJ Agreement on January 17, 2026, stands as a powerful symbol of collective determination to protect the last great global commons — the high seas — for present and future generations.
FAQs
1. What exactly is the High Seas Treaty and why does it matter?
The High Seas Treaty, officially called the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ), is a legally binding international agreement under the United Nations.
It protects marine life in the high seas — the two-thirds of the ocean that lie beyond any country’s 200-nautical-mile Exclusive Economic Zone — and the international seabed area.
Why it matters: These vast areas were previously lacking a comprehensive global protection framework. The treaty helps combat threats like overfishing, pollution, climate change impacts, and biodiversity loss, while supporting the global goal to protect 30% of the ocean by 2030 (“30×30”).
2. When did the treaty become legally binding and how many countries have joined?
The treaty officially entered into force on January 17, 2026, after the 60th country deposited its ratification on September 19, 2025 (triggering a 120-day countdown).
By mid-January 2026, more than 80 countries had ratified it, including China, Brazil, Japan, Germany, France, and many small island nations (e.g., Palau, Maldives, Cuba).
The European Union has also joined. Major countries that signed but have not yet ratified include the United States and India. The United Kingdom and Australia are expected to ratify soon.
3. What are the main things the treaty actually does?
The treaty focuses on four key areas:
- Marine genetic resources — Sets rules for collecting and using genetic material from high-seas organisms (e.g., for medicine or biotechnology) and ensures fair sharing of benefits, especially with developing countries.
- Marine protected areas (MPAs) — Allows countries to create protected zones in the high seas to safeguard sensitive ecosystems like underwater mountains, deep-sea trenches, and migration routes.
- Environmental impact assessments — Requires countries to evaluate the potential harm of activities (e.g., deep-sea exploration, new shipping routes) before they begin.
- Capacity building & technology transfer — Commits richer nations to help poorer ones with funding, training, and marine science technology.
It also creates a Conference of the Parties (COP) to make decisions, a Clearing-House Mechanism for sharing information, and a funding mechanism
4. Does the treaty stop deep-sea mining or overfishing in the high seas?
No, not directly.
- Deep-sea mining in the international seabed is still regulated only by the International Seabed Authority (ISA), not by the BBNJ treaty.
- High-seas fishing continues to be managed mainly by regional fisheries management organizations (RFMOs) and the 1995 UN Fish Stocks Agreement.
The treaty can influence these activities indirectly by requiring environmental impact assessments and allowing marine protected areas that restrict certain activities in specific zones.
5. What happens next and how will it actually protect the oceans?
The treaty is now legally binding, so the focus shifts to implementation. Key next steps include:
- Holding the first Conference of the Parties (likely in 2026) to adopt rules and start work.
- Identifying and designating the first high-seas marine protected areas.
- Setting up systems for sharing benefits from marine genetic resources.
- Building capacity in developing countries to participate effectively.
While it is a major step forward, experts emphasize that success depends on:
- More countries ratifying the treaty
- Strong political will to create meaningful protected areas
- Coordination with existing bodies (ISA, RFMOs, climate agreements)
- Adequate funding for monitoring and enforcement
The treaty is seen as a historic foundation, but real ocean protection will require ongoing global cooperation in the years ahead.
