The High Seas Treaty: Will the Treaty Finally Save the World’s Oceans?

The High Seas Treaty: Will the Treaty Finally Save the World’s Oceans?

KAKALI DAS

The High Seas Treaty, formally known as the Biodiversity Beyond National Jurisdiction Agreement, marks one of the most important global efforts toward protecting life in the oceans.

Sixteen nations have already signed the treaty and around sixty nations have ratified it. Because of this strong support, the treaty is expected to enter into force by January 2026. This is considered a major achievement in global maritime cooperation.

The aim of the treaty is to protect marine biodiversity in areas of the ocean that do not fall under the control of any single country. These areas are called the high seas. The treaty will also help ensure the sustainable use of ocean resources while tackling problems like overfishing, marine pollution, climate change impacts, and fair sharing of benefits from marine genetic resources.

The High Seas Treaty is connected to the United Nations Convention on the Law of the Sea of 1982 (UNCLOS). To understand the treaty clearly, it is important to first understand the term high seas. The high seas refer to all ocean waters that lie beyond national jurisdiction of any country. These waters do not belong to one government. They are international in nature and open to everyone.

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Though no country has direct control over them, the high seas hold rich and diverse marine biodiversity. These waters support unique ecosystems, habitat formations and countless species of plants, animals and microorganisms. Many of these species have important scientific or commercial value. The high seas also contain significant ecological hotspots that play a major role in climate regulation, carbon storage, and global food security.

The responsibility to protect these areas has always been unclear because they do not fall under any country’s control. To address this gap, about sixty nations came together to frame a global agreement. That agreement is now known as the High Seas Treaty. It creates an international framework to guide how countries will work collectively to conserve and manage these areas. Since two thirds of the world’s ocean surface lies beyond national borders, the treaty covers a vast and important region. Protecting such a large portion of the ocean is essential for marine life and for the health of the planet.

The treaty includes several important tools and mechanisms. One key concept is marine genetic resources. These resources are the genetic materials found in marine organisms, including plants, animals, and microorganisms. They can be used for research or for commercial purposes such as biotechnology and pharmaceuticals. The treaty recognises these resources as the common heritage of humankind, meaning they belong to everyone and the benefits must be shared fairly.

Another major tool is area based management. This allows the creation of marine protected areas in the high seas. Just like national parks and wildlife sanctuaries on land, marine protected areas aim to conserve important ecological regions in the ocean. Protecting such areas helps save endangered species, strengthens ecosystems and allows marine life to flourish naturally. Identifying which regions should become protected areas is a complex task. It requires scientific studies, environmental assessments, and sometimes traditional knowledge from coastal communities. A combination of these sources will help locate the most sensitive regions that need protection.

Environmental impact assessment is another key mechanism in the treaty. This assessment examines how a proposed activity or project may affect the marine environment. If an activity is expected to cause harm, countries must review it carefully before granting approval. Any activity that may cause cross border or cumulative environmental impact must undergo a mandatory environmental impact assessment. This ensures that preventive steps are taken before irreversible harm occurs.

The treaty also focuses on capacity building and technology transfer. Countries differ in their scientific and technological abilities. Some are advanced, while others lack resources and expertise. The treaty encourages sharing of technology, training, and research support so that all nations can participate fairly in ocean governance. This is important because global cooperation will only succeed if every country has the ability to access information and take part in decision making.

The development of the High Seas Treaty was a lengthy process. Discussions began about two decades ago. In 2004, the United Nations General Assembly formed an ad hoc working group to examine gaps in existing rules under UNCLOS. One major gap was the lack of specific provisions for biodiversity in areas beyond national jurisdiction. From 2004 to 2011, many countries held discussions on four main themes. These included marine genetic resources, area based management, environmental impact assessments, and capacity building.

Between 2018 and 2023, four intergovernmental conferences were held to negotiate the treaty. After years of debate, the final agreement was reached in March 2023. The treaty was formally adopted in June 2023, marking the beginning of a new phase in international cooperation for ocean governance.

Like all global agreements, the High Seas Treaty faces several challenges. One major concern is the tension between two principles of international law. The first is the common heritage of humankind, which promotes fair sharing of resources among all nations. The second is the freedom of the seas, which allows countries unrestricted access to navigate, fish, conduct research and use ocean resources. These two principles often conflict. Ensuring both fairness and freedom will be a major challenge.

Another challenge relates to the governance of marine genetic resources. Before this treaty, no clear global rules existed on who could extract and commercialise these resources. This created concerns about biopiracy, which is when developed countries or private companies use marine resources for profit without sharing benefits with developing countries. Although the treaty calls for benefit sharing, it does not clearly explain how these benefits should be calculated or distributed. This lack of clarity could lead to disputes in the future.

One significant criticism is the limited participation of major global powers. Countries like the United States, China, and Russia have not yet joined the treaty. Their absence weakens the universal nature of the agreement and reduces its enforcement capacity. International treaties are strongest when all major powers take part.

To overcome these challenges, several steps are needed. First, the treaty should work in harmony with existing institutions like the International Seabed Authority and regional fisheries management bodies. Coordination will prevent jurisdictional overlap. Second, the treaty’s internal framework must be strong and detailed. Rules and responsibilities must be clearly defined to avoid confusion.

Diplomacy will play an important role. Countries that have already ratified the treaty must actively try to bring more nations, especially major powers, into the agreement. Global cooperation is essential because oceans connect all parts of the world. Pollution, climate impacts and biodiversity loss do not stop at national borders.

If these efforts succeed, the High Seas Treaty could become one of the most successful environmental agreements of our time. It can ensure strong protection of marine biodiversity, fair use of resources, and sustainable development of the oceans. The treaty represents a collective decision by the global community to protect the parts of the ocean that belong to no one but matter to everyone.

It shows that countries can work together to ensure marine life and ocean ecosystems continue to thrive for generations.

The High Seas Treaty also marks a shift in how we view oceans. For many years, the high seas were seen mainly as spaces for trade, fishing, and navigation. Today, there is recognition that the health of the planet depends heavily on ocean health. Oceans absorb carbon dioxide, regulate temperature, support fisheries and sustain millions of people. Without proper governance, these functions could collapse. The treaty therefore serves as an essential safeguard.

The High Seas Treaty symbolises global unity and shared responsibility. It shows that even in times of political differences, nations can come together for a common cause. With strong cooperation, clear rules and wide participation, it can protect the world’s largest and most important ecosystem. The future of ocean conservation depends greatly on how sincerely countries implement this agreement. If implemented well, it will help create a safer, healthier, and more sustainable future for the entire planet.

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