With the ratification of the 60th state in September, the 120-day countdown to the entry into force of the High Seas Treaty began, which takes effect today, 17 January. Also known as the BBNJ (Biodiversity Beyond National Jurisdiction) Agreement, it marks a historic achievement for international law and ocean protection, introducing practical protections for marine biodiversity in the high seas, i.e., areas beyond 200 nautical miles from the coast.
These are vast areas covering almost two-thirds of the ocean, until now with little protection from intensive resource exploitation, pollution and the consequences of the climate crisis. It took over twenty years of negotiations to fill this gap. With the milestone now reached, the challenge shifts to practice: what will really change for biodiversity in the high seas?
Marine Protected Areas in international waters
“This new Treaty closes many of the long-standing governance gaps on the High Seas, bringing clearer rules to protect marine life across nearly two-thirds of the ocean,” recounts Nathalie Rey, regional coordinator for Europe for the High Seas Alliance, to Renewable Matter. “For the first time, it creates a legal framework to establish marine protected areas in international waters, sets global standards for assessing the environmental impacts of potentially harmful activities, and promotes greater fairness by ensuring access to marine research, technology, capacity building, as well as the equitable sharing of benefits from High Seas marine genetic resources.”
The establishment of Marine Protected Areas, or other spatially-based tools to protect marine life, would make it easier to achieve the target set by the Kunming-Montreal Global Biodiversity Framework, namely protecting 30% of the ocean by 2030, a date now fast approaching. Moreover, as Mariasole Bianco, marine conservation expert and president of Worldrise, points out, “Creating a network of Marine Protected Areas in the high seas is also a crucial step for the protection of migratory species, such as whales and sea turtles. These animals, which travel thousands of kilometres to reproduce and ensure the survival of their species, know no political boundaries. By protecting the ecological corridors along their routes, we can contribute to the continuity of marine biodiversity and the effective conservation of our oceans.”
Unlike other Conferences of the Parties, in which decisions are made by consensus and where a few actors can block choices agreed upon by the majority, in the case of the BBNJ Agreement, MPAs can be established by a two-thirds majority if unanimity is not achieved, thus ensuring that individuals or small groups of countries cannot obstruct their creation.
The High Seas Alliance, a fifteen-year-old organisation dedicated to the conservation and protection of the high seas, has already identified eight areas that could become the first MPAs in international waters, with the aim of reaching initial decisions on this issue during the first COP. These include the Lost City, a complex of enormous hydrothermal vents located on the slopes of the Atlantis Massif in the North Atlantic. An extreme environment, characterised by the absence of light, high pressure, alkaline water and heat, where countless species thrive, from bacteria to billions of microorganisms, corals, crabs and jellyfish. In South America, in the international waters off the Chilean coast, we find the Nazca and Salas y Gómez ridges. Here, between kilometres of underwater slopes and peaks, a biodiversity unique in the world has been preserved, where almost half of the species are found nowhere else on Earth.
Genetic resources and shared heritage
An additional fundamental pillar of the BBNJ Agreement is the fair and equitable sharing of benefits arising from marine genetic resources, both in their digital form (Digital Sequence Information, DSI) and in their derivatives. Article 1.8 specifies that it applies to any marine biological resource, whether of animal, plant or microbial origin, that holds value in its genetic heritage, either currently or in the future.
In fact, there are still unexplored areas of the ocean and many unknown species that could turn out to be crucial for various economic sectors, including cosmetics and pharmaceuticals. For example, during the Covid-19 pandemic, enzymes from a marine bacterium were used to develop diagnostic kits, while the antiviral drug Remdesivir, extracted from marine sponges, was approved by the US Food and Drug Administration to treat patients during the pandemic.
Considering that only a few advanced countries have the economic resources and capabilities to finance expeditions on the high seas in search of organisms that may be useful for scientific research, sharing the benefits derived from these discoveries with other countries, particularly developing ones, is a key element of this treaty. The benefits mentioned in the agreement are both non-monetary, such as access to samples collected and cooperation between scientists, and monetary, allocated to an ad hoc fund. Furthermore, as Nathalie Rey points out, “Before new measures can be agreed, governments must convene the first Conference of Parties (COP1), the Treaty’s main decision-making body. The date of this first COP has yet to be decided, but must take place within a year of the Treaty’s entry into force.”
Who ratified and who did not?
“The Treaty’s strength, legitimacy and impact grows with the number of countries behind it,” explains Rey. “The High Seas is part of the global commons- shared by all, but also the responsibility of all. Universal, or near-universal ratification matters.” To date, 83 of the 145 signatory states have ratified the treaty, including China, Brazil, France, Spain and Japan. “We expect ratifications to continue to increase ahead of the first COP. Several major players, such as Germany, the UK and India, are progressing their national ratification processes,” adds the High Seas Alliance expert.
Although the European Union ratified the Treaty in May 2024, Italy remains among the countries that have not yet completed the process, hampered by constant institutional wrangling and political debate that, to date, seems far from leading to ratification.
Countries that decide not to ratify will lose the opportunity to influence decisions made under the Treaty and at future Conferences of the Parties. The adherence of as many countries as possible is crucial because, as the expert reminds us, failure to achieve a sufficient number of ratifications is one of the risks that could weaken its effectiveness over time. “While the Treaty can enter into force, its impact will be significantly stronger with broad and inclusive participation,” Rey points out. “The absence of major players from the Treaty has practical consequences. Without broad participation, there is a risk of fragmented ocean governance, with legal loopholes, weaker enforcement, and fragmented ocean protection. This would undermine the Treaty’s effectiveness and be a missed opportunity to address climate and biodiversity challenges collectively.”
Monitoring and finance
“The Treaty sets out clear obligations regarding compliance and enforcement, requiring States to put in place national laws and regulations to implement those commitments,” continues Rey. An Implementation and Compliance Committee is also established as a support body tasked with monitoring progress and guiding countries towards fulfilling their commitments. It will operate with a non-punitive approach, emphasising transparency and cooperation to facilitate ongoing dialogue with states. Despite technological advances, such as the use of artificial intelligence and other hi-tech tools, as well as strengthened cooperation, enabling increasingly accurate monitoring of activities in international waters, both legal and illegal, there are still several gaps that need to be filled.
“Not all countries currently have equal access to these technologies or the capacity to use them effectively,” explains Rey. “Capacity-building and the transfer of technology are a core pillar of the Treaty. Ensuring that monitoring tools, data and expertise are shared equitably will be essential to effective implementation. Addressing these capacity gaps will need to be a central focus as the Treaty moves from adoption to real-world operation.”
Additionally, financial resources are another key element in ensuring that this Treaty will yield tangible results both for the protection of biodiversity in the high seas and for the states themselves. “Effective implementation, especially for developing countries, will require sustained financial resources, technical capacity and access to technology,” the High Seas Alliance expert concludes. “Without adequate and predictable funding for capacity-building, monitoring, and compliance, the Treaty risks becoming a strong legal framework without the means to deliver meaningful outcomes on the water.”
Cover: photo by Envato