What is the High Seas Treaty and why is it historic?

The High Seas Treaty, formally the Agreement on Biodiversity Beyond National Jurisdiction (BBNJ), entered into legal force on January 17, 2026, creating the first comprehensive governance framework for the high seas. The high seas cover approximately 60% of the ocean surface and 95% of the ocean volume, yet until this treaty had virtually no binding legal protections. The agreement fills a critical governance gap that existed since the 1982 UN Convention on the Law of the Sea, which covered coastal waters but left international waters largely unregulated.

What does the High Seas Treaty actually protect?

The treaty establishes four key mechanisms: area-based management tools that enable the creation of marine protected areas in international waters for the first time; mandatory environmental impact assessments for commercial activities in the high seas including deep-sea mining, shipping, and research; a benefit-sharing framework for marine genetic resources ensuring developing nations receive fair compensation from commercial use of deep-sea organisms; and capacity building programs helping developing nations participate in ocean governance and research.

How many countries have ratified the High Seas Treaty?

As of March 2026, 81 parties have ratified the High Seas Treaty, including the European Union and 16 of its member states, along with numerous Pacific island nations, Latin American countries, and African nations. A total of 145 countries have signed the agreement indicating intent to ratify. The treaty required 60 ratifications to enter into force, a threshold crossed in late 2025. The United States signed the treaty but had not yet ratified as of March 2026.

What is the 30x30 ocean conservation goal?

The 30x30 goal is the international commitment to protect 30% of the world oceans by 2030, established at the COP15 biodiversity conference in Montreal in December 2022. The High Seas Treaty is essential to achieving this goal because national jurisdiction only extends 200 miles from shore, meaning the vast majority of the ocean's area that needs protection falls in the high seas. Before the treaty, only about 1.2% of the high seas had any form of protection. The treaty provides the legal mechanism to designate high seas marine protected areas.

How does the High Seas Treaty affect Vietnam and Southeast Asia?

Vietnam and Southeast Asian nations have significant interests in the High Seas Treaty given the region's economic dependence on ocean fisheries and shipping. Vietnamese fishing fleets operate extensively in the South China Sea and beyond, and the treaty's environmental impact assessment requirements could affect some operations. However, Vietnam stands to benefit from stronger fisheries management preventing overfishing of shared stocks, and from the capacity building provisions providing technical and financial support for ocean monitoring and conservation programs.

International Law • Oceans • 2026

In Force

High Seas Treaty 2026

Governing the Last Wild Ocean

Published: March 17, 2026

January 17, 2026 — A Historic Milestone

For the first time in history, 60% of Earth's ocean area — international waters once the "Wild West" of uncontrolled exploitation — has a binding legal framework for protection.

BBNJ Treaty81 PartiesJan 17, 202630×30 Goal

Deep blue ocean — international waters protected by the BBNJ Treaty 2026

Photo: Reuters — International waters — 60% of Earth's ocean — received a binding legal protection framework for the first time

Fundamentals

What Are the High Seas?

The "high seas" are ocean areas beyond 200 nautical miles from any coastal nation's baseline — outside any country's Exclusive Economic Zone (EEZ). This space belongs to no nation, covering approximately 60% of ocean surface area, 95% of ocean volume, and 50% of Earth's surface. Much like progress on EU renewable energy, ocean protection requires international cooperation to address challenges like the growing microplastics crisis threatening marine life worldwide.

Before the Treaty

No real rule of law
Unlimited fishing
Free genetic resource extraction
Only 1.2% protected
Pollution with no accountability

After the Treaty (2026)

Binding legal framework
International marine protected areas
Genetic resource benefit-sharing
Environmental impact assessments
Targeting 30% protection by 2030

UNCLOS 1982 — The 1982 UN Convention on the Law of the Sea created the basic legal framework but left a major governance gap in the high seas. The BBNJ Treaty 2023/2026 fills that 40-year gap.

Four Pillars

The Treaty's Four Pillars

Marine Protected Areas (MPAs)

For the first time, nations can establish marine protected areas in international waters — places previously ungoverned. MPAs will protect humpback whale migration routes, deep-sea coral reefs, and seamounts.

Environmental Impact Assessments (EIAs)

Any activity with potential environmental impact on the high seas — from deep-sea mining to scientific research — must undergo environmental assessment first. This is an unprecedented control mechanism in international waters.

Marine Genetic Resource (MGR) Benefit-Sharing

High seas organisms contain invaluable genetic material for medicine, pharmaceuticals, and biotechnology. The treaty ensures benefits from exploiting these resources are fairly shared, especially with developing nations.

Capacity Building

Developed nations are obligated to provide technical and financial support to Small Island Developing States and developing nations — helping them fully participate in ocean conservation. No one is left behind in protecting the high seas.

By the Numbers

The Key Numbers

nations

Ratified (March 2026)

145

signed

Countries signed treaty

60%

ocean

Area now governed

30×30

goal

Protect 30% by 2030

95%

Ocean volume governed for first time

50%

Earth's surface covered by the treaty

1.2%

Protection rate before treaty (extremely low)

20 yrs

Negotiation period from 2004 to 2023

▸ Before the treaty, only 1.2% of high seas were protected -- compared to 17% of land. The treaty targets 30% ocean protection by 2030.

History

The Negotiation Journey

2004

UN establishes BBNJ Working Group to discuss international ocean governance

2015

UN General Assembly passes resolution to begin formal BBNJ treaty negotiations

2018

First intergovernmental conference in New York; heated debate over marine genetic resource sharing

2022

4th negotiation round ends without agreement; treaty future uncertain

Mar 2023

Historic agreement reached after nearly 20 years of negotiations — a 'once-in-a-generation ocean moment'

Sep 2023

Treaty officially opens for signatures at the UN; 87 nations sign on day one

Jan 17, 2026

Treaty enters into force after 60 nations ratify — historic milestone for ocean protection

Mar 2026

PrepCom 3 in New York prepares for the first Conference of the Parties (COP), expected later in 2026

The Wild West Era

What Was Happening Before

For decades, the high seas were the "Wild West" of uncontrolled exploitation. No common governance body, no conservation obligations, and no benefit-sharing mechanism. The result was rapid degradation of deep ocean ecosystems.

Unregulated Fishing

Large fishing fleets could fish freely anywhere in international waters without permits or limits. Many deep-sea fish species declined to alarming levels.

Genetic Resource Exploitation

Biotech corporations freely collected high seas organisms for pharmaceutical research and patents — without sharing any benefits with the international community.

Deep-Sea Mining Plans

Companies could plan mineral extraction on the international ocean floor without full environmental impact assessments or community consultation.

Irresponsible Pollution

Vessels could discharge waste in many international waters without penalty. Plastic and chemical pollution accumulated in areas with no accountability.

MPA

Protected Area

Marine Protected Areas in International Waters

The MPA mechanism is the heart of the treaty. For the first time, the international community can collectively protect important ocean areas beyond any nation's jurisdiction — from humpback whale migration corridors to deep-sea coral reefs thousands of meters below the surface.

Proposal

Any member state can propose establishing an MPA in international waters, supported by scientific evidence of the area's significance.

Scientific Review

An independent scientific and technical committee reviews the proposal, assessing ecological importance, vulnerability, and recovery potential.

Collective Decision

The Conference of the Parties (COP) votes to approve or reject. A majority is required. No country has unilateral veto power.

Enforcement

MPAs are enforced by patrol vessels of member states, satellite monitoring, and AIS systems tracking vessels at sea.

Priority Protected Areas

Humpback whale migration routesDeep-sea coral reefsUnderwater seamountsHydrothermal ventsCold-water deep zonesUnique marine biodiversity hotspots

Marine Genetics

Marine Genetic Resources

Organisms living in the high seas — from bacteria at hydrothermal vents 4,000m below the ocean floor to bizarre deep-sea fish — contain invaluable genetic material that pharmaceutical and biotech industries have extracted billions of dollars from. Before the treaty, major corporations could patent discoveries based on international marine genetic resources without sharing profits with anyone.

Organism	Habitat	Application	Value
Hydrothermal vent bacteria	Deep-sea thermal vents	Heat-resistant enzymes for PCR, COVID-19 tests	Billions of dollars
Deep-sea coral	Seamounts 200–2000m	Anti-cancer compounds, biomaterials	Open research
Deep-sea sharks	Open deep water	Shark cartilage, cancer research	Commercial exploitation
Deep-sea microalgae	International waters	Biofuels, food, pharmaceuticals	High potential

Key point: The treaty requires companies and researchers to share benefits from high seas genetic resources with the international community, especially developing nations. Specific sharing mechanisms are being negotiated in PrepCom meetings.

Challenges

The Challenges Ahead

The treaty entering into force is a historic breakthrough — but it's just the beginning. Turning intent into actual protection across the world's largest ocean expanse requires overcoming major obstacles.

Enforcement at Sea

The high seas are vast and remote. Monitoring and enforcing regulations across 60% of the ocean is an enormous logistical, financial, and technological challenge. No specialized international patrol force currently exists.

Compliance and Sanctions

The treaty lacks strong enforcement mechanisms. If a country violates it, punitive options are limited. The treaty's strength depends heavily on member states' political will.

Non-participating States

Some major maritime powers have not yet ratified. If nations with large fishing fleets or deep-sea mining operations don't join, protection effectiveness will be significantly limited.

Area Classification Disputes

MPA definitions and classifications, along with EIA assessment criteria, are still being negotiated. Countries with different economic interests will debate each specific decision.

First Conference of the Parties (COP 1) — Late 2026

COP 1 will be the key moment: member states will elect the secretariat, establish the scientific committee, and begin proposing the first MPAs. This is the first real test of parties' political will.

Vietnam & Southeast Asia

Vietnam and Southeast Asia

As a country with 3,260 km of coastline and a significant ocean economy, Vietnam has much at stake in this treaty — both from conservation and sustainable blue economy perspectives.

Vietnamese Fishers

With a large offshore fishing fleet, Vietnamese fishers must comply with new regulations when operating in international waters. This requires updating fisheries law and training fishers.

South China Sea Ecosystem

The South China Sea connects to important international waters. The treaty supports protection of coral reefs and ecosystems linking Vietnam's EEZ and the high seas.

Capacity Building

As a developing country, Vietnam benefits from capacity building provisions — receiving technical support, marine research training, and ocean monitoring technology.

Blue Economy

The treaty creates a legal framework for sustainable ocean economic development. Vietnam's marine eco-tourism, aquaculture, and marine research industries can all benefit.

Southeast Asia and the High Seas

Southeast Asian seas — home to the world's largest coral reefs and highest marine biodiversity — connect directly to international waters in the Pacific and Indian Oceans. Protecting migration corridors of fish, sea turtles, and whales in international waters will directly support the region's inshore marine ecosystems. ASEAN nations, including Vietnam, the Philippines, Indonesia, and Malaysia, all have strategic interests in implementing this treaty.

References

FAQ

Frequently Asked Questions

Illustrative imagery. Photo: ZestLab Archive

By Emma Reyes · Climate & Science Correspondent

Published: March 17, 2026 · Updated: March 25, 2026

environment·high seas treaty 2026 · bbnj agreement 2026 · ocean governance treaty · marine protected areas high seas