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High Seas Treaty Enters Into Force, Establishing First Global Rules for Ocean Biodiversity Beyond Borders

Attention now shifts to building the treaty’s institutions and setting detailed rules at a first Conference of the Parties within a year.

Overview

  • The agreement became binding on January 17, 2026 after surpassing 60 ratifications, with more than 80 countries now parties, including China, Japan and Brazil, while the United States, United Kingdom, Australia and New Zealand remain non‑ratifying signatories without voting rights.
  • It applies to areas beyond national jurisdiction, covering roughly two‑thirds of the ocean and about half the planet’s surface under a single legal framework.
  • Parties must conduct environmental impact assessments for activities that could harm marine ecosystems, share benefits from marine genetic resources, and bolster capacity‑building and technology transfer for developing states.
  • Core machinery is still being set up, including a secretariat and a scientific review body, with a preparatory session due in late March and a first COP expected within a year to decide budgets, committees and operational rules.
  • Countries can begin proposing high‑seas marine protected areas—potential sites include the Sargasso Sea, the Emperor Seamounts, and Salas y Gómez—while monitoring and enforcement tools are still being defined, and seabed mining remains under the International Seabed Authority.