High Seas Treaty to Take Effect in January 2026, Key Implementation & Enforcement Details Still Unclear

The first legal framework to protect marine diversity in the high seas, also known as the High Seas Treaty is scheduled to come into force on January 17, 2026, after it was ratified by the 60^th nation, Morocco on September 19.

So far, the high seas have not been under any regulatory scanner, thereby remained unmanaged and unenforced. Commenting on the status of the high seas, Johan Bergenas, senior vice president of oceans at the World Wildlife Fund told Associated Press, “The high seas are the world’s largest crime scene”. He further added that a regulatory legal structure is necessary to protect biodiversity in international waters.

What is High Seas Treaty?

According to High Seas Alliance, the High Seas Treaty or High Seas Alliance (HAS) is a short-hand for the Biological Diversity of Areas Beyond National Jurisdiction (BBNJ) Agreement. The treaty acknowledges that the scope of the BBNJ Agreement encompasses all Areas beyond national jurisdiction, including the seafloor and water column.

International waters cover nearly two-thirds of the world’s ocean and nearly half of Earth’s surface and are vulnerable to threats including overfishing, climate change and deep-sea mining.

Progress of the Treaty

While ratification has been achieved by 60 nations, the pact’s strength is still uncertain as some of the world’s biggest players such as the US, China, Russia and Japan have yet to ratify. The US and China have signed, signaling intent to align with the treaty’s objectives without creating legal obligations, while Japan and Russia have been active in preparatory talks, according to Associated Press.

Even though the treaty is expected to become legally effective 120 days from September 19, much work remains to flesh out how it will be implemented, financed and enforced.

“You need bigger boats, more fuel, more training and a different regulatory system,” Bergenas told Associated Press. “The treaty is foundational — now begins the hard work.”

How the Treaty Works

The high seas house a plethora of marine biodiversity and play a vital role in regulating Earth’s climate by absorbing heat and carbon dioxide and generate half the oxygen that’s available on earth.

The treaty is also important for achieving climate and biodiversity global goals, including the Kunming-Montreal Global Biodiversity Framework (GBF) 30×30 target to protect 30% of the planet’s land and ocean by 2030.