Things to know about the High Seas Treaty as it takes effect

A transformative era for global ocean conservation commenced this Saturday as the world’s first legally binding framework for protecting marine life in international waters officially took effect. This historic milestone, formally known as the High Seas Treaty, culminates nearly two decades of complex diplomatic negotiations and establishes governance mechanisms for nearly half the planet’s surface—the vast marine territories beyond national jurisdictions.

The treaty’s activation follows its September 2023 ratification threshold achievement, requiring endorsement from 60 nations. Current ratification status stands at 83 countries, with recent participation from major maritime powers including China and Japan significantly strengthening its global implementation prospects.

This groundbreaking agreement establishes the first comprehensive framework for creating Marine Protected Areas (MPAs) across the high seas, which constitute approximately two-thirds of the world’s oceans. Currently, a mere 1% of these international waters benefit from formal protection despite facing escalating threats from destructive fishing practices, commercial shipping, plastic pollution, overexploitation of marine resources, and potential deep-sea mining operations—all exacerbated by climate change impacts.

With immediate effect, ratifying nations must now collaborate on oceanographic research and technological development while assisting developing countries in building capacity for meaningful participation in ocean governance. Commercial entities planning activities with potential marine environmental impacts must conduct rigorous environmental assessments meeting treaty standards. Researchers investigating marine organisms with commercial applications, such as pharmaceutical development, must implement transparency protocols including international notification and knowledge-sharing mechanisms.

Critically, signatory countries must now advocate for the treaty’s conservation objectives within other international regulatory bodies governing ocean activities, including regional fisheries management organizations, the International Maritime Organization, and the International Seabed Authority.

Conservation organizations emphasize the urgency of rapid implementation to achieve the scientifically endorsed target of protecting 30% of global oceans by 2030. Megan Randles of Greenpeace’s Ocean Campaign noted that “the marine protected areas under the treaty will only be as strong as the governments make them,” highlighting the necessity of robust enforcement mechanisms against commercial fishing interests.

While key institutional structures including the treaty’s secretariat and scientific advisory body remain under development, nations can immediately commence preparatory work for proposed MPAs. Potential conservation sites include the Emperor Seamounts in the North Pacific, the Sargasso Sea in the Atlantic Ocean, and the Salas y Gomez and Nazca Ridges off South America’s coast.

The United States, having signed but not ratified the agreement, will participate as an observer without voting rights. Despite this absence, treaty advocates maintain that broad international support ensures strong implementation momentum. Rebecca Hubbard of the High Seas Alliance affirmed that while U.S. ratification would be preferable, its current status doesn’t undermine the treaty’s operational viability.

The first Conference of Parties (COP) is scheduled within twelve months to establish critical operational parameters including budgetary allocations and committee compositions. The earliest possible approval for initial MPAs is anticipated during the second COP session, pending establishment of the scientific review body.