Current Affairs

High Seas Treaty Enters Force: World’s First Legal Framework to Protect International Waters

Author: VisionIAS Editorial Team

Sep 20, 2025Current Affairs9 min read

High Seas Treaty Enters Force: World’s First Legal Framework to Protect International Waters

With Morocco’s signature, the High Seas Treaty now has its 60th signatory and is set to come into force next year.

A milestone in ocean governance was reached on September 19, 2025, when Morocco became the 60th nation to ratify the High Seas Treaty, known as the Agreement on Biodiversity Beyond National Jurisdiction (BBNJ). This moment triggers the treaty’s entry into force, marking the first time that international waters will be governed by a legally binding framework designed to protect marine biodiversity.

The High Seas Treaty addresses one of the planet’s major environmental challenges: protecting the oceanic areas that lie beyond any single nation’s control. These international waters encompass two-thirds of the world’s oceans and half of Earth’s surface, making this agreement a development for marine conservation.

Table of Contents

Understanding International Waters and Their Significance

International waters, known as Areas Beyond National Jurisdiction (ABNJ), extend beyond the 200 nautical mile Exclusive Economic Zone (EEZ) of coastal nations. These oceanic expanses represent 64% of the ocean’s surface and 95% of its volume.

International waters play a crucial role in planetary health. They host ecosystems including deep-sea coral gardens and hydrothermal vents while serving as climate regulators by absorbing heat and carbon dioxide. The biodiversity within these waters has potential for medical, biotechnology, and other applications.

However, these areas face threats from climate change, pollution, overfishing, and activities like deep-sea mining. The absence of governance has allowed these pressures to intensify, creating a need for the protection that the High Seas Treaty now provides.

Four Pillars of Ocean Protection

The High Seas Treaty establishes comprehensive provisions for Marine Genetic Resources (MGRs) found in international waters, including Digital Sequence Information (DSI). These genetic materials from marine organisms hold significant potential for developing medicines, biotechnology products, and innovations.

The benefit-sharing mechanism operates through monetary contributions (based on gross national income) and non-monetary transfers such as technology sharing, capacity building programs, and joint research initiatives.

Developed nations must make contributions and share revenue from products derived from these resources, with funds flowing into a Special Fund that supports conservation efforts and assists developing countries with implementation.

This represents a fundamental shift from the “freedom of the seas” principle, affirming that resources in international waters belong to all humanity rather than only those with the technological means to exploit them.

Marine Protected Areas in International Waters

The High Seas Treaty provides a legal framework for establishing Marine Protected Areas (MPAs) in international waters. Previously, only 1.45% of these areas had any form of protection, leaving a significant governance gap.

The treaty creates a comprehensive process for proposing and establishing MPAs, with proposals undergoing review and public consultation before submission to the Conference of the Parties for decision. MPAs can be adopted by a three-fourths majority vote if consensus cannot be reached, preventing single nations from blocking conservation efforts.

Beyond establishing basic MPAs, the treaty creates provisions for transboundary conservation corridors and seasonal protection zones aligned with migratory species patterns. This mechanism is crucial for achieving the “30×30” target—protecting 30% of the planet’s land and sea by 2030.

Environmental Impact Assessments

The treaty introduces comprehensive Environmental Impact Assessments (EIAs) for any planned activity in international waters that may have “more than a minor or transitory effect on the marine environment.” The process includes screening, scoping, impact assessment, public notification, and monitoring phases.

The provisions apply to activities in international waters and to activities within national jurisdiction that could harm these areas, ensuring a holistic approach to marine protection that recognizes the interconnected nature of ocean ecosystems. The system incorporates Indigenous and traditional knowledge systems alongside scientific methodologies.

Capacity Building and Technology Transfer

The treaty establishes comprehensive training programs, research fellowships, and institutional partnerships to ensure developing nations can meaningfully participate in high-seas governance. This includes creating regional hubs for marine technology development and knowledge exchange, fostering collaborative approaches to ocean stewardship that leverage global expertise while building local capacity.

Global Response and Geopolitical Challenges

The ratification of the High Seas Treaty has revealed geopolitical dynamics. Small Island Developing States and Pacific Island nations have shown unity in their support, driven by their vulnerability to climate change and connections to the ocean.

The European Union has portrayed itself as a leader in ocean governance, providing support and pledging assistance for implementation. However, maritime powers present challenges to effectiveness. The United States has signed but not ratified the treaty, due to its non-party status to UNCLOS (United Nations Convention on the Law of the Sea) and requirements for Senate approval.

The nature of international waters has facilitated maritime crime, including illegal fishing, drug trafficking, human trafficking, and piracy. The treaty’s implementation must address how conservation measures can be enforced in areas where criminal enterprises operate. The lack of patrol presence and the difficulty of prosecuting crimes committed in international waters add complexity to treaty enforcement.

Additionally, China has expressed support but raised concerns about governance architecture and benefit-sharing mechanisms. Russia has been critical, questioning what it perceives as “vague standards” and restrictions on high-seas activities. The absence of these players could limit the treaty’s impact, as enforcement relies on countries regulating their own vessels and companies.

India’s Strategic Position and Proactive Approach

India has demonstrated foresight in its approach to the High Seas Treaty. The Union Cabinet approved signing the agreement on September 25, 2024. This decision reflects India’s commitment to multilateralism in ocean governance while protecting its interests.

India established a 12-member committee under the Ministry of Earth Sciences to draft domestic legislation before ratification. This law aims to protect India’s maritime interests in international waters, promote marine conservation, and prepare the country to fulfil treaty obligations.

India’s stance balances conservation with resource interests. The country holds exploration contracts with the International Seabed Authority for polymetallic nodules and other deep-sea resources, demonstrating its determination to be a “rule-maker” rather than a “rule-taker” in high seas governance.

Implementation Challenges and Path Forward

The entry into force of the High Seas Treaty marks the beginning of an implementation journey. The first Conference of the Parties, scheduled within a year of the treaty taking effect, will be for establishing details, funding mechanisms, and oversight procedures.

Challenges include enforcement limitations, as the treaty relies on flag state responsibility rather than creating an enforcement body. This makes ratification for success. Additionally, knowledge gaps persist, with 30% of the ocean floor mapped, creating uncertainty in decision-making for MPA establishment and impact assessments.

The treaty’s architecture, combining contributions, a Special Fund, and Global Environment Facility support, represents an evolution in environmental finance. However, ensuring funding remains a challenge.

Conclusion

The High Seas Treaty represents a shift in how nations govern its commons. By providing the first legal framework for protecting international waters, it offers tools to combat biodiversity loss, overfishing, and threats like deep-sea mining.

While challenges remain in achieving ratification and implementation, the treaty’s entry into force provides a path toward ocean governance. Success will be measured not by milestones but by the treaty’s ability to ensure that the benefits of international waters are shared by all humanity for generations to come.