New era in ocean protection as Treaty on the High Seas enters into force

New era in ocean protection as Treaty on the High Seas enters into force
Bleached corals caused by nickel waste pollution near Manuran Island in Raja Ampat, Southwest Papua. Nickel mining continues to threaten one of the world's most important marine biodiversity and coral hotspots in Indonesia. Credit: Belga / AFP

The treaty on the conservation of biodiversity in areas beyond national jurisdiction (BBNJ) will come into force on 17 January 2026, aiming to protect marine life and designate 30% of the oceans as sanctuaries by 2030.

Adopted on 19 June 2023 under the auspices of the United Nations, the treaty becomes effective 120 days after ratification by a minimum of 60 countries, a milestone reached on 19 September 2025.

So far, 81 countries, including Belgium, France, Spain, China, Japan, and Brazil, have ratified it, although the United States has not.

The agreement applies exclusively to the high seas, which make up two-thirds of the ocean’s surface, and their seabed, excluding territorial waters and exclusive economic zones. It introduces measures such as area-based management tools and marine protected areas.

Marine protected areas can be proposed by one or more states. Adoption relies on consultations, recommendations from a scientific and technical body, and decisions made by the treaty’s Conference of the Parties (COP).

The COP, convening regularly like the UN climate COPs, may also implement temporary emergency measures in cases of severe risks or damage to marine biodiversity.

Creating marine protected areas is seen as critical to meeting the 30% oceans protection goal set during the COP15 on biodiversity in 2022.

Currently, less than 1% of international waters are fully protected, while marine ecosystems are in alarming decline due to ocean acidification, warming, pollution, and biodiversity loss. Greenpeace warns that over half of marine species could face extinction by 2100.

The treaty does not explicitly ban activities such as seabed mining but requires environmental impact assessments for any new endeavours in international waters.

Equal access to genetic resources in the high seas and fair sharing of their benefits are also mandated, covering materials used in industries like pharmaceuticals.

Further provisions include capacity building and technology transfer to support the scientific capabilities of developing nations, alongside the establishment of a scientific body, a secretariat, an exchange centre, and an implementation committee.

Belgium and Chile’s Valparaíso are vying to host the treaty’s secretariat. While Brussels promotes its accessibility and diplomatic prominence, Greenpeace Belgium notes that the country’s ongoing support for deep-sea mining undermines its bid. Belgium permits seabed exploration and exploitation under strict conditions.

Greenpeace Belgium has called on the country to actively identify priority marine reserves and back a moratorium on deep-sea mining.

"One cannot lead in ocean conservation while supporting the destruction of deep-sea habitats," said Ruth-Marie Henckes, an ocean campaigner at Greenpeace Belgium.

The decision on the secretariat’s host city will be made at the first COP, expected no later than 17 January 2027.

This conference may be held at the United Nations headquarters in New York between April 2026 and early 2027, following a preparatory commission meeting in March 2026 to finalise organisational details.

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