Introduction

Covering approximately 70% of the Earth’s surface, the oceans play a vital role in planetary health and human survival. Yet, governance mechanisms for areas beyond national jurisdictions have historically remained inadequate and fragmented. Addressing this longstanding gap, the High Seas Treaty—officially titled The Agreement under the United Nations Convention on the Law of the Sea (UNCLOS) on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ)—was finalised in March 2023. It is set to enter into force in January 2026, following its ratification by Morocco, the 60th country to do so. Environmental advocates have hailed this development as a “once-in-a-generation conservation event,” as it establishes a legal framework for safeguarding biodiversity in international waters, which comprise nearly two-thirds of the world''s oceans.

Historical Background

The foundational legal structure for global ocean governance was laid by UNCLOS in 1982, which outlined principles for maritime use but left key areas, particularly biodiversity in regions beyond national jurisdiction, insufficiently addressed. Beginning in 2004, international negotiations on ocean conservation, benefit-sharing, and governance frameworks stretched over two decades. After intense deliberations, UN member states reached a consensus on the treaty in 2023. The treaty will become binding international law in 2026, having reached the ratification threshold of 60 nations by 2025.

Key Features of the Treaty

·       A central element of the treaty is the formal establishment of Marine Protected Areas (MPAs) in the high seas, contributing directly to the global 30×30 conservation target—protecting 30% of the world’s oceans by 2030. The treaty also mandates Environmental Impact Assessments (EIAs) for activities under national jurisdiction that may impact high seas biodiversity, ensuring accountability even beyond borders.

·       It provides a comprehensive structure for the sustainable use of marine genetic resources, which hold immense value for biotechnology, pharmaceuticals, and scientific innovation. Crucially, the treaty supports technology transfer and funding mechanisms, encouraging developed nations to assist developing countries through financial resources, capacity-building, and scientific knowledge.

·       The treaty also addresses deep-sea mining and geo-engineering, placing restrictions until robust regulatory systems are developed by the International Seabed Authority (ISA). All decision-making under the treaty will be multilateral, facilitated by Conferences of Parties (CoPs), emphasizing global consensus over unilateral actions. Notably, the treaty lacks a punitive enforcement framework, instead relying on the cooperative goodwill and domestic regulation of individual states.

Significance of the Treaty

·       The treaty is vital for environmental conservation, offering protection to fragile deep-sea ecosystems such as hydrothermal vents, coral reefs, and migratory species corridors. It seeks to combat escalating threats like plastic pollution, overfishing, unregulated deep-sea mining, and geo-engineering experiments.

·       Its importance is underscored by its connection to climate change, as oceans absorb approximately 25% of anthropogenic CO₂ and 90% of excess heat from global warming. Protecting high seas biodiversity thus becomes integral to broader climate mitigation efforts.

·       The treaty also promotes scientific collaboration, enabling joint research, data sharing, and equitable access to marine knowledge, particularly aiding developing nations with limited marine research infrastructure.

·       From a justice perspective, it addresses the global commons and equity challenge, aiming to prevent the “tragedy of the commons” where a few nations disproportionately exploit shared resources. The treaty emphasizes equitable benefit-sharing from marine genetic resources, echoing principles from the Nagoya Protocol on biodiversity.

Challenges and Limitations

·       Despite its promise, the treaty faces significant implementation hurdles. One major obstacle is the ratification gap, with key nations such as India (which has signed but not yet ratified) and the United States (which remains inconsistent in its policy approach) yet to fully commit. Among G7 nations, only France has ratified the treaty thus far.

·       The enforcement weakness is another concern. In the absence of punitive mechanisms, the treaty depends entirely on the willingness of national governments to ensure compliance. Moreover, conflicts of interest arise as conservation goals often clash with economic pursuits like industrial fishing, deep-sea mineral extraction, and experimental geo-engineering.

·       The treaty also reveals a persistent North-South divide. Developing countries continue to demand greater financial and technological support to meet treaty obligations, while developed nations show reluctance in sharing proprietary resources or offering financial aid. Furthermore, institutional overlap with existing bodies such as the International Maritime Organization (IMO), FAO, and ISA risks creating regulatory confusion and duplication.

India’s Position

India has signed the treaty but has not yet ratified it, citing the need for enabling domestic legislation to be passed in Parliament. With over 7,500 kilometers of coastline and an ambitious “Blue Economy” agenda, India has a significant stake in the treaty’s success. However, it must carefully navigate between its economic interests—such as deep-sea mining, fishing, and ocean exploration—and its obligations toward marine biodiversity conservation. The treaty presents India with an opportunity to lead globally in ocean governance, provided it harmonises its development aspirations with environmental responsibility.

Global Geopolitical Context

·       Globally, positions on the treaty reflect diverse national interests. The United States signed the treaty under President Joe Biden but faces complications due to its historic refusal to ratify UNCLOS itself. This undermines its ability to engage fully with the High Seas Treaty framework. In contrast, the European Union has emerged as a strong supporter, aligning the treaty with its Green Deal and broader ocean governance initiatives.

·       China has approached the treaty with caution, prioritizing its deep-sea mining ambitions while resisting firm commitments on resource-sharing. Small Island Developing States (SIDS), which are most vulnerable to ocean degradation and climate change, have emerged as some of the treaty’s most vocal advocates, seeing healthy oceans as crucial to their very survival.

Linkages with Other Global Agendas

The treaty closely aligns with multiple international frameworks. It directly supports Sustainable Development Goal 14 (Life Below Water) and contributes to SDG 13 (Climate Action) by safeguarding the ocean’s role in climate regulation. Additionally, it reinforces commitments under the Paris Agreement, as oceanic health is integral to carbon mitigation strategies. It complements the Kunming-Montreal Global Biodiversity Framework, particularly the 30×30 target, by providing legal mechanisms for high seas protection.

Way Forward

·       For the treaty to be effective, broader ratification is essential. Major economies such as India, the United States, China, and Japan must ratify it to ensure global legitimacy and impact. Ratification must be accompanied by national legislation that translates treaty obligations into enforceable domestic laws.

·       Dedicated financing mechanisms are required to help developing nations undertake marine research, monitoring, and conservation. There is also a pressing need to strengthen enforcement through transparent reporting systems, peer reviews, and compliance assessments.

·       The treaty’s goals should be integrated into the Blue Economy, aligning conservation with sustainable economic pursuits like eco-tourism, marine renewable energy, and sustainable fisheries. By doing so, it is possible to turn the high seas into a zone of opportunity as well as preservation.

Conclusion

The High Seas Treaty marks a historic breakthrough in international environmental law and the governance of global commons. Slated to come into force in 2026, it offers a new blueprint for cooperative stewardship of the world''s oceans. Yet, its transformative potential hinges on universal ratification, effective national implementation, and efforts to close the persistent gap between the Global North and South. For India, ratifying the treaty represents a chance to demonstrate leadership in marine conservation while advancing its own developmental priorities through a sustainable Blue Economy. As climate change accelerates and ocean degradation intensifies, protecting the high seas is no longer a peripheral concern—it is central to the survival and prosperity of all humanity.