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Home STUDY AND ENVIRONMENT

The High Seas are No Longer Free: A Global Treaty That Changes Everything

by Editor Asiatoday
January 18, 2026
in STUDY AND ENVIRONMENT
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The High Seas are No Longer Free: A Global Treaty That Changes Everything

FILE PHOTO: Activities of ships in the South China Sea.

ASIATODAY.ID, NEW YORK – After nearly two decades of negotiations, a landmark international agreement designed to protect and sustainably manage marine life in international waters officially enters into force this Saturday, marking a turning point in global ocean governance and the long-term protection of marine ecosystems.

Formally known as the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, the legally binding UN treaty governs ocean areas beyond national jurisdiction—commonly referred to as the high seas—as well as the international seabed area.

Together, these regions account for more than two-thirds of the ocean’s surface and represent over 90 per cent of Earth’s total living space by volume, underscoring a simple but often overlooked fact: most life on the planet exists beneath the waves.

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Why it matters

The BBNJ Agreement is intended to ensure that the high seas and the international seabed are managed sustainably and equitably, for the benefit of all humanity.

It is also the first legally binding global ocean instrument to explicitly provide for inclusive ocean governance, with provisions addressing the participation of Indigenous Peoples and local communities, as well as commitments to gender balance.

Once fully implemented, the Agreement is expected to play a critical role in addressing the so-called “triple planetary crisis” of climate change, biodiversity loss, and pollution.

Speaking to UN News, Mzee Ali Haji, a Tanzanian diplomat who led his country’s negotiating team during the BBNJ talks, described the treaty as a major advance in protecting international waters.

“Everyone should bear in mind that there is now control over activities on the high seas,” he said on January 15, 2026.

“If you pollute, you are responsible for your actions.”

The BBNJ strengthens the existing international legal framework by building on the UN Convention on the Law of the Sea (UNCLOS)—often described as the “constitution of the oceans”—which has governed maritime activities, seabed exploitation, and marine protection since it entered into force in 1994.

Crucially, the new agreement adds operational detail on how marine biodiversity should be managed and aligns ocean governance with contemporary challenges such as climate change and the 2030 Agenda for Sustainable Development.

What does “entry into force” mean?

With its entry into force, the BBNJ Agreement becomes legally binding for the 81 countries that have ratified it to date, requiring them to implement its provisions through national laws and policies.

Under the treaty’s terms, it enters into force 120 days after ratification by at least 60 countries, a threshold that was reached last year.

Who has ratified the treaty?

Countries that have ratified the BBNJ include several major economies, notably China, Germany, Japan, France, and Brazil.

China’s participation is particularly significant given the scale of its ocean-related industries, including shipbuilding, aquaculture, fisheries, and offshore oil and gas. According to UN trade agency data, China exported approximately US$155 billion in ocean-related goods in 2023.

Major economies still on the sidelines

Several leading economies have yet to ratify the agreement. The United States, the world’s largest economy and one of the top five exporters of ocean-related goods (US$61 billion), signed the treaty in 2023, but the Senate has not yet taken action to ratify it.

India, one of the largest exporters among developing economies (US$19 billion), adopted the treaty in 2024, but domestic legislation required for ratification remains pending. The United Kingdom introduced relevant legislation in 2025, though parliamentary ratification has yet to be completed.

Meanwhile, Russia remains among the small number of countries that have neither adopted nor ratified the agreement, citing its preference for existing governance frameworks and the need to safeguard freedom of navigation and shipping in international waters.

Is this a major setback?

Despite the absence of some major economies, Mr Haji remains optimistic about the treaty’s impact in its current form.

“Developing countries and small island states need support,” he said. “

We expect that in the future they will accept this agreement, because it will help them. The protection of the high seas is the responsibility of all of us.”

What happens next?

The treaty remains open to further ratifications, which would strengthen its reach and effectiveness over time.

“When you negotiate something, you can’t get 100 per cent of people to ratify or accept it immediately,” Haji explained.

“Some will observe first, and when they see the advantages, they will join. I believe others will follow.”

Beyond universal participation, the success of the BBNJ will ultimately depend on implementation and enforcement, including action against those who violate its rules.

Under the terms of the agreement, the first meeting of the parties to review progress on ratification and implementation will take place no later than one year after the treaty’s entry into force. (AT Network)

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Tags: Biodiversity Beyond National JurisdictionMarine BiodiversitySave Ocean
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