The High Seas Treaty, formally known as the Agreement on Biodiversity Beyond National Jurisdiction (BBNJ), represents a landmark development in global ocean governance. It is the world’s first legally binding international agreement specifically aimed at the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction, commonly referred to as the high seas. The treaty entered into force on January 17, 2026, marking a historic step in the regulation of nearly two-thirds of the world’s oceans.

Entry into Force and Global Acceptance

• As of its entry into force, the High Seas Treaty has been ratified by 83 countries, reflecting broad international consensus on the urgent need to protect marine ecosystems in international waters. Notably, the list of ratifying states includes major maritime and economic powers such as China, Japan, France, and Brazil, underscoring the treaty’s global legitimacy and political weight.
• India signed the agreement in 2024, signaling its commitment to multilateral ocean governance. However, as of January 2026, India’s domestic legislation required for formal ratification remains pending. This places India in a transitional position—supportive of the treaty’s objectives but yet to assume binding legal obligations under it.

Background

• Oceans cover about 71% of the Earth’s surface, and approximately two-thirds of marine areas lie beyond national jurisdiction, outside the 200 nautical mile Exclusive Economic Zones (EEZs) of coastal states.
• These areas, despite their ecological richness, have historically suffered from regulatory gaps, weak enforcement, and fragmented governance.
• Although the United Nations Convention on the Law of the Sea (UNCLOS) provides the overarching legal framework for ocean governance, it lacked specific and enforceable provisions to address marine biodiversity conservation in international waters. Increasing threats such as overfishing, deep-sea mining, marine pollution, ocean acidification, and climate change highlighted the urgent need for a dedicated legal instrument—leading to the BBNJ negotiations.

Core Pillars of the High Seas Treaty

The treaty is structured around four interlinked pillars:

1. Marine Genetic Resources (MGRs): The agreement establishes mechanisms for the fair and equitable sharing of benefits arising from the use of marine genetic resources found in the high seas, addressing concerns that advanced countries and corporations might monopolize these resources.

2. Area-Based Management Tools (ABMTs): For the first time, the treaty enables the creation of Marine Protected Areas (MPAs) in international waters, allowing coordinated global action to conserve biodiversity hotspots and fragile ecosystems beyond national control.

3. Environmental Impact Assessments (EIAs): The treaty mandates prior environmental impact assessments for activities that may cause significant harm to marine ecosystems, embedding the precautionary and preventive principles into high seas governance.

4. Capacity Building and Technology Transfer: Special emphasis is placed on developing and least-developed countries, ensuring they have access to marine scientific knowledge, technology, and institutional capacity to participate effectively in ocean governance.

Institutional and Legal Significance

The High Seas Treaty functions within the UNCLOS framework, strengthening rather than replacing it. It establishes new institutional mechanisms, including:

• A Conference of Parties (COP)
• Scientific and technical advisory bodies
• Compliance and review arrangements

Legally, it reinforces principles such as sustainable development, intergenerational equity, and the concept of the global commons.

Implications for India

India’s pending ratification reflects the need to:

• Align domestic maritime, environmental, and biodiversity laws
• Assess implications for marine research, fishing, and strategic interests
• Balance conservation goals with economic and security considerations

Once ratified, the treaty could enhance India’s role in global ocean governance, strengthen its blue economy strategy, and support its commitments under SDG 14 (Life Below Water).

Conclusion

• With its entry into force in January 2026, the High Seas Treaty marks a turning point in the governance of global commons.
• By introducing binding rules for conservation, equity, and sustainability in international waters, it fills a long-standing legal vacuum.
• While global participation has gained momentum with 83 ratifications, the effectiveness of the treaty will depend on robust implementation, scientific cooperation, and political will.

Key Facts and Terms