High Seas Treaty: Challenges in Global Ocean Governance

High Seas Treaty Latest News

• The High Seas Treaty faces challenges in implementation as countries debate funding mechanisms, governance frameworks, and equitable benefit-sharing.

Background

• The High Seas Treaty, also known as the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, represents a landmark effort in global marine conservation. 
• Ratified by over 60 countries in September 2025, the treaty will enter into force in January 2026. 
• It seeks to protect marine biodiversity in areas beyond national jurisdiction, the so-called high seas, by promoting sustainable use of ocean resources, addressing threats such as overfishing, pollution, and climate change, and ensuring equitable benefit-sharing of marine genetic resources (MGRs).
• While hailed as a major breakthrough under the United Nations Convention on the Law of the Sea (UNCLOS, 1982), the treaty faces significant implementation challenges, ranging from definitional ambiguities to geopolitical resistance by major powers.

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Understanding the High Seas Treaty

• The treaty establishes an international framework for conserving marine biodiversity in areas that lie beyond national control. 
• These waters, which cover nearly two-thirds of the global ocean surface, are crucial for climate regulation, carbon sequestration, and food security.
• The treaty introduces several tools and mechanisms for sustainable governance:
• Marine Genetic Resources (MGRs):
  • Recognised as the “common heritage of humankind,” MGRs include genetic material from marine plants, animals, and microorganisms that can be used for scientific and commercial purposes, including pharmaceuticals and biotechnology. 
• Area-Based Management Tools (ABMTs):
  • The treaty allows for the creation of Marine Protected Areas (MPAs) to conserve biodiversity hotspots and critical ecosystems. 
  • These zones will be identified using a mix of scientific data and traditional knowledge.
• Environmental Impact Assessments (EIAs):
  • Any activity likely to affect the marine environment, especially with cumulative or transboundary impacts, must undergo a mandatory EIA. 
  • This ensures preventive measures are taken before potential damage occurs.
• Capacity Building and Technology Transfer:
  • Recognising the technological disparity between developed and developing nations, the treaty encourages capacity building to ensure equal participation in ocean research and governance.

Evolution of the Treaty

• The treaty’s development was two decades in the making. 
• In 2004, the UN General Assembly established an ad hoc working group to address gaps in UNCLOS, which lacked specific provisions on biodiversity beyond national jurisdiction. By 2011, states had agreed to negotiate four key areas: MGRs, ABMTs, EIAs, and capacity building.
• Between 2018 and 2023, four Intergovernmental Conferences were held, culminating in an agreement in March 2023. 
• The treaty was formally adopted in June 2023, setting the stage for a new era of cooperative ocean governance.

Major Challenges in Implementation

• Ambiguity Between “Common Heritage” and “Freedom of the Seas”
  • The treaty attempts to balance two conflicting principles:
  • Common Heritage of Humankind – advocating for equitable sharing of ocean resources among all nations.
  • Freedom of the High Seas – guaranteeing states unrestricted navigation, research, and exploitation rights.
  • However, this dual approach has created legal and operational ambiguities. While the common heritage principle is applied to MGRs, it remains only partially enforceable, leaving room for exploitation and unequal benefit-sharing.
• Governance of Marine Genetic Resources
  • Before the treaty, there were no clear global norms on the extraction and commercialisation of MGRs. 
  • This led to concerns about biopiracy, where developed nations and private corporations could exploit resources without compensating developing countries. 
  • Although the treaty mandates monetary and non-monetary benefit-sharing, it lacks clarity on the mechanisms for calculating and distributing these benefits.
• Limited Participation from Major Powers
  • Despite global support, the treaty faces a setback due to the absence of major maritime powers like the United States, China, and Russia, which have yet to ratify it. 
  • Their non-participation undermines the treaty’s universality and weakens enforcement capacity.
• Coordination with Existing International Bodies
  • The treaty must align with existing institutions such as the International Seabed Authority (ISA) and Regional Fisheries Management Organisations (RFMOs) to prevent jurisdictional overlap. 
  • Without coherent coordination, there is a risk of fragmented ocean governance and conflicting mandates.
• Implementation and Monitoring Mechanisms
  • Effective implementation will require regular monitoring, dynamic management of MPAs, and transparent data sharing among nations. 
  • Developing countries also need technological and financial support to fulfil treaty obligations, particularly in research and enforcement.

Way Forward

• The High Seas Treaty marks a pivotal moment for ocean conservation under international law. Its success will depend on:
  • Finalising operational guidelines for benefit-sharing and environmental assessments.
  • Strengthening institutional cooperation between the BBNJ framework and existing global maritime bodies.
  • Encouraging universal ratification, especially by key maritime nations.
  • Linking ocean governance with broader climate and biodiversity frameworks to enhance global resilience.
• By ensuring fair access and sustainable use of ocean resources, the treaty can bridge the gap between conservation and development, if backed by a genuine global commitment.

Source: TH