The High Seas Treaty sets sail towards the protection of marine biodiversity.

The countdown has been running for almost two decades and here we are. The High Seas Treaty, technically known as Agreement on Marine Biological Diversity of Areas Beyond National Jurisdiction - BBNJ - officially comes into force today, the 17th January 2026. The negotiation process was not easy, with priority intervention by the European Union and its Member States.

In March 2023, finally, the Agreement was adopted, representing a great success in terms of international law, ocean governance and multilateral cooperation. But at least 60 ratifications were needed to have legal force. The Principality of Monaco played a pivotal role from the very beginning, been the first European Country to ratify it in May 2024. On the 19th September 2025, Morocco and Sierra Leone joined the BBNJ giving the start of the entry into force process after 120 days.

To sum up, this historic Agreement aims to protect 30% of the oceans by 2030 under the Kunming-Montreal Global Biodiversity Framework, extending legal protection to international waters. This represents a priority step since this regulatory framework now covers the largest natural habitat on Planet Earth, about half of our planet’s surface, equal to 95% of the ocean’s volume.

The marine areas beyond territorial jurisdiction are in fact the most extensive, and they include both high seas and the seabed. That means regulating marine resources and biodiversity conservation to keep them healthy in order to perform their vital service from an ecologic, economic, social, cultural, scientific and food security perspective.

In fact, the lack of jurisdiction in such marine areas was placing them in serious danger in light of increased anthropogenic pressure, causing pollution, overexploitation, climate change and biodiversity loss.

Photo >> High Seas Treaty enters into force on the 17th January 2026 © United Nations

The  High Seas Treaty encourages an even closer international cooperation and coordination with the aim to create Marine Protected Areas (MPAs) in waters beyond national jurisdiction, while improving the monitoring of the health status of marine ecosystems through environmental impact assessments, capacity building and marine high technology. Unlike other Conferences of the Parties (COP), where decisions are made by consensus allowing few actors to block choices shared by most, the BBNJ Agreement enables more streamlined voting mechanisms. MPAs, for example, can be established by a two-thirds majority if unanimity is lacking, preventing individuals or groups from a few countries from hindering their creation.

Moreover, the BBNJ Agreement provides a funding mechanism and a organisation institutional chart, including a Conference of the Parties and various interlinked bodies, a Clearing-House Mechanism and a Secretariat.

In defence of Agreement implementation, the Biodiversity Beyond National Jurisdiction High Ambition Coalition - BBNJ HAC - is being supporting an ambitious and complex target, providing vision, leadership, and a strong, influential international voice at global scale. Made of members from all continents, representing more than forty countries, the BBNJ HAC is committed to safeguard ocean ecosystem services, that is vital benefits humans receive from marine environments, notably: food, materials, energy (= Provisioning); climate control, coastal protection, water purification (= Regulating); recreation, tourism, spiritual, aesthetic value (= Cultural); nutrient cycles, photosynthesis, habitat provision (= Supporting). In particular, the BBNJ HAC is engaged in ensuring the proper application of the Agreement, focusing on science-based solutions and a regulated access to marine genetic resources, also those of interest to pharmaceuticals, biotechnologies and other innovative devices.

The High Seas Treaty thus marks a turning point in the international landscape. Regulating international waters while ensuring a fair and just sharing of benefits from marine genetic resources, from animal, plant and microbial origin, both in their digital version and in other forms (Article 1.8) allows for unprecedented comprehensive regulatory framework in this field. It is important to consider that over 80% of the Earth's oceans remain unexplored, unmapped, or unobserved, and that its gradual discovery could be crucial for various human economic sectors. ***

✒️ Maurice Abbati

• Strategic Communication Specialist, Editor in Chief, Journalist, Executive.

• Lecturer and Author in English in the field of Environmental Communication to foster Circular and Blue Economy.