A new international legal framework is now in effect to protect marine life in the high seas, covering nearly half the planet’s surface. The United Nations Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction — known as the high seas treaty — entered into force on January 17, 2026, providing governments with a legal framework to safeguard the ocean.
High Seas Treaty Enters Into Force
The high seas are teeming with life, including whales, sharks, turtles, tuna, phytoplankton, krill, and deep-sea corals. These waters are crucial for global fisheries, climate regulation, and intricate food webs.
This month, governments will meet in New York City to discuss the operational details of the treaty, including financing and the functions of a future secretariat. Discussions will also focus on stakeholder engagement and the development of an information-sharing platform to ensure transparency and inclusivity.
Once established, treaty parties can create a network of high seas marine protected areas (MPAs), assess the environmental impacts of activities, and manage ocean resources responsibly.
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 for its final scheduled session from March 23 to April 2.
During the PrepCom session, U.N. delegates will discuss:
- A clearinghouse mechanism for sharing information, including environmental impact assessment results.
- A scientific and technical body to provide scientific advice.
- A financial mechanism to help developing countries meet their treaty obligations.
- Guidelines for the participation of observers, including Indigenous peoples and local communities.
- Directions for operationalizing committees and subsidiary bodies.
How the Treaty Can Deliver Real Protections
Currently, only 1% of the high seas are protected, despite their rich biodiversity. These areas encompass ecosystems such as krill-centered food webs in the Antarctic, seagrass beds, and hydrothermal vents.
One area that could benefit from comprehensive protections is the Thermal Dome in the eastern tropical Pacific. This dynamic zone experiences unique interactions between winds and currents, bringing nutrient-rich water to the surface and supporting marine species. It is vulnerable to threats like shipping and destructive fishing practices.
The treaty can help governments address these threats with MPAs, contributing to the global goal of conserving 30% of the ocean by 2030, adopted in 2022.
Countries must reach consensus during the upcoming PrepCom session to ensure the first Conference of Parties can swiftly agree on the necessary processes and structures for successful implementation. Governments and the ocean conservation community must remain focused on achieving a healthier high seas, thriving biodiversity, and more equitable outcomes.
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