UN High Seas Biodiversity Treaty Set to Enter into Force in 2026

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  • A landmark UN treaty on protecting marine biodiversity in international waters will take effect in January 2026 after reaching the required 60 ratifications.
  • The agreement introduces marine protected areas, mandatory environmental impact assessments, and shared benefits from marine genetic resources.
  • The treaty marks the most significant ocean accord since the 1982 UN Convention on the Law of the Sea, addressing modern threats like plastic pollution and ocean acidification.

Sierra Leone and Morocco provided the decisive ratifications needed to bring the UN High Seas Biodiversity Treaty into effect, reaching the threshold of 60 approvals. This milestone concludes a process that began in September 2023. While the United States signed the treaty under former President Joe Biden, the current Trump administration has opposed ratification, according to gCaptain.

Transformative Framework for the High Seas

When the treaty takes effect in January 2026, it will reshape governance of the 60% of the ocean lying beyond national jurisdictions. Central provisions include the creation of marine protected areas and the requirement for environmental impact assessments before undertaking activities with potentially harmful or unknown consequences. This is particularly relevant as global interest grows in using the ocean to absorb and store carbon dioxide. Additionally, marine genetic resources — such as marine molecules, bacteria, and algae — will be treated as the common heritage of humankind, with their benefits shared among nations.

Institutional Mechanisms

To ensure effective implementation, the treaty establishes new institutions, including a secretariat to handle daily operations and a scientific and technical body to review environmental impact assessments, evaluate marine protected area proposals, and advise on related issues. Member states will make final decisions during periodic meetings. Fishing in international waters remains under the authority of separate regulatory bodies.

A Modern Successor to the Law of the Sea

The biodiversity treaty is the most comprehensive ocean agreement since the 1982 UN Convention on the Law of the Sea, which governs activities such as seabed mining but makes no reference to biodiversity. In contrast, the new treaty explicitly addresses contemporary threats to marine ecosystems, including plastic pollution, ocean acidification, and deoxygenation caused by climate change.

Global Reactions and Challenges

“This is a major win for our oceans and all of us who depend on them. The high seas belong both to no one and to all of us,” said Monica Medina, a fellow at Conservation International and former US Assistant Secretary of State for Oceans. However, the ratification comes against the backdrop of the Trump administration’s authorization of deep-sea mining licenses for critical minerals in international waters, raising concerns about conflicting approaches to ocean stewardship.

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Source: gCaptain