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High Seas Treaty Clears Ratification, Set to Enter Into Force in January 2026

Attention turns to implementation as parties prepare rules on protected areas, impact assessments, and benefit-sharing.

Overview

  • The pact surpassed 60 ratifications in September and will take effect on January 17, 2026, with roughly 74 countries, including South Africa, now on board.
  • It covers areas beyond national jurisdiction—nearly two-thirds of the ocean—enabling high‑seas protected areas and mandating environmental impact assessments for new activities.
  • Parties will establish new governance mechanisms, including a Conference of the Parties, to finalize procedures for marine protected areas, EIAs, capacity building, and benefit‑sharing.
  • Only ratifying states are bound by the rules, leaving non‑parties such as the United States and China outside the regime and with reduced influence over its design.
  • Significant issues remain unresolved, including how to reconcile the treaty with the International Seabed Authority’s deep‑sea mining framework and its limited reach over commercial fishing, while New Zealand has not yet ratified.