Historic High Seas Treaty Enters into Force, Ushering in New Era of Ocean Conservation

Covering nearly half the planet’s surface, the high seas are teeming with life, from whales and sharks to microscopic organisms. These waters regulate climate and support global fisheries. For the first time, a comprehensive legal framework is in place to protect these vital global commons.

The United Nations Agreement on the Conservation and Sustainable Leverage of Marine Biological Diversity of Areas Beyond National Jurisdiction — known as the high seas treaty, or BBNJ Agreement — entered into force on January 17, 2026. After more than 20 years of negotiations, this agreement provides governments with a legal framework to safeguard marine life in the two-thirds of the ocean beyond national jurisdiction.

Implementing the Treaty: Next Steps in New York

This month, world governments will convene in New York City to discuss operational details – including financing and the functions of the future secretariat – to effectively implement the treaty. Discussions will also focus on stakeholder engagement and the development of an information-sharing platform to ensure transparency and inclusivity.

Once governance bodies are established, parties to the treaty can initiate creating a network of high seas marine protected areas (MPAs), assessing the environmental impacts of activities, and ensuring responsible resource management and equitable sharing of benefits.

Treaty’s Success Hinges on Strong Institutions

Following the treaty’s adoption in June 2023, the U.N. Established a Preparatory Commission (PrepCom) to set up the rules, procedures, and governance systems for the treaty’s implementation. The PrepCom will convene a third time from March 23 to April 2, 2026, for its final scheduled session. The treaty’s decision-making body, the Conference of Parties (CoP), is mandated to meet within one year of the agreement entering into force.

During the PrepCom session, U.N. Delegates will discuss:

• A clearinghouse mechanism – a centralized platform for sharing information, including environmental impact assessment results.
• A scientific and technical body – a group of experts providing scientific advice to the CoP and informing the establishment of future high seas MPAs.
• A financial mechanism to help developing countries fulfill their treaty obligations.
• Guidelines for the participation of observers, including Indigenous Peoples and local communities, in the CoP’s decision-making processes.
• Directions for operationalizing committees and subsidiary bodies established by the treaty.

Delivering Real Protections to the High Seas

Despite rich biodiversity, including many undiscovered species, only 1% of the high seas are currently protected. These areas encompass diverse ecosystems, from Antarctic krill-centered food webs to hydrothermal vents and seamounts in the deep ocean.

One area that would benefit from comprehensive protections is the Thermal Dome – a dynamic zone in the eastern tropical Pacific. Unique interactions between winds and currents drive nutrient-rich water to the surface, supporting a variety of marine species. Because this biodiversity hotspot shifts seasonally, it is vulnerable to threats like shipping and destructive fishing practices.

The high seas treaty can help governments address these threats with MPAs, contributing to the global goal – adopted in 2022 – of conserving 30% of the ocean by 2030.

Maintaining Momentum for a Healthier Ocean

Countries must leverage the upcoming PrepCom session to reach consensus and ensure that representatives at the first CoP can swiftly agree on the processes and structures necessary to implement the agreement. Governments and the ocean conservation community should celebrate the treaty’s progress while remaining focused on achieving its ultimate goals: a healthier high seas, thriving biodiversity, and more equitable outcomes for the global community.