High Seas Treaty to Come Into Effect After Crossing the Ratification Threshold

On 19 September 2025, in a landmark development for ocean governance, the UN High Seas Treaty (BBNJ Agreement), secured the minimum 60 ratifications required for it to officially come into force by January 2026. With this achievement, the treaty is now on track to become legally binding, marking a major step forward in international environmental governance. Morocco became the 60th country to deposit its ratification instrument, triggering the 120-day countdown to the treaty’s entry into force. On the same day, Sierra Leone also deposited its ratification, becoming the 61st party to the agreement.

Formal negotiations over the treaty began in 2018 and the draft was finalised in 2023. Previous discussions spanned across 20 years, driven by concerns over the unchecked exploitation of marine resources and the absence of a unified legal framework. The progress was slow due to differing national priorities over issues like resource sharing, fishing rights, and industrial activities in international waters.

What this treaty aims to do
The treaty was designed to tackle some of the most pressing threats to ocean health. One of these includes the creation of marine protected areas (MPAs), which are large stretches of international water designated to act as conservation zones. Human activities are strictly controlled, limiting activities such as fishing and breeding. Environmental Impact Assessments (EIAs) will also be made mandatory. Any major activity proposed in the high seas, such as deep-sea mining or industrial fishing expansion, will need to undergo detailed assessments, and parties must also keep under surveillance the impacts of any activities in areas beyond natural jurisdiction which they authorised or engage in. 

The treaty also addresses the growing importance of marine genetic resources, which are products from marine organisms carrying hereditary information, such as genes, and have the potential to be used in medicine, food, cosmetics, etc. The resources can cause issues with sustainability and equal accessibility of resources. The agreement also prioritises capacity development and technology transfer. Developing nations do not have the financing and technology to engage fully in high seas management. The agreement thus contains commitments to offer training, capital, and access to new technologies, allowing all nations to contribute actively to the monitoring, conservation, and sustainable management of the seas.

All of these measures aim to support the global “30x30” target, which is the commitment to conserve at least 30 percent of the world’s land and sea by 2030. Since the high seas make up nearly half of the planet’s surface, the treaty is considered essential for achieving this target and reversing the fast decline of global biodiversity.

Global Reactions
Many advocates have pointed out that this treaty is one of the strongest demonstrations of collective will to take action against climate change since the Paris Climate Agreement. For small island nations and coastal states, which are among the most vulnerable to the impacts of ocean degradation, the treaty is seen as a lifeline for both biodiversity and livelihoods.

However, there exists the challenge of ensuring the treaty is applied effectively across all regions, particularly in waters where industrial fishing and resource extraction are lucrative.

Looking Ahead
While the treaty’s entry into force is a breakthrough, its success will depend heavily on implementation. Countries that have ratified it will need to translate commitments into national laws, strengthen monitoring of their fleets, and coordinate with existing regional and sectoral bodies. Financing, transparency, and enforcement will be constant challenges.

Another crucial test will be participation. Some major maritime powers have not yet ratified the treaty, raising concerns about the consistency of enforcement across the high seas. Nonetheless, the agreement creates momentum and pressure for broader adoption in the years ahead.

01 Oct 2025
Nayana Ittiyamparampath