Everything you need to know about the High Seas Treaty
View latest update: 6 May 2023What is the High Seas Treaty? And what’s the latest on its progress? We’ll be keeping this article updated with news on everything from which member states have signed the treaty, to which have ratified it, to when (and if!) it will be entered into force. See frequently asked questions, learn more about what the treaty includes, or skip to see the latest updates.
It was late at night on Saturday 3 March 2023 - from within a conference room at UN headquarters in New York - that the gavel finally came down. After more than a decade of talks and negotiations, UN Member States agreed on a historic High Seas Treaty to ensure the protection and sustainable use of marine biodiversity for Areas Beyond National Jurisdiction (ABNJ) - the ‘lawless’ High Seas. Delegates in the room, who hadn’t left the conference hall for two days and worked through the night to get the deal done, gave conference president Rena Lee of Singapore an emotional standing ovation as she made the announcement.
Watch the historic moment the agreement was reached.
Source: The Guardian
““Ladies and gentlemen, the ship has reached the shore.””
FAQs
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The United Nations High Seas Treaty is also known as the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, and is a treaty that sits under The United Nations Convention on the Law of the Sea (UNCLOS).
It is the world’s first international law to mandate the conservation and management of areas beyond national jurisdiction - also known as the high seas, or international waters. -
An area called the High Seas was established about 40 years ago, when the last international agreement on ocean protection - UN Convention on the Law of the Sea - was signed in 1982.
The High Seas, also called ‘International Waters’ is the area that lies outside any country’s national waters, exclusive economic zone (EEZ), and jurisdiction. Where no one country is in charge, and all countries have a right to use it for navigation, fishing, research, and other activities without interference from others.
Although the high seas cover over 60% of the ocean, only 1.2% is protected. -
Although one principle in the Law of the Sea is ‘freedom of the seas’ - meaning being open to all and belonging to none - there is a counter to this.
The 1982 UN Convention on the Law of the Sea recognises that the ocean is the ‘common heritage of humankind’ meaning no country can claim sovereignty over any part of the high seas or its resources.
Seafarers, ships, companies, and countries are all subject to maritime law: a system of rules, international agreements, and conventions governing activities in international waters.
But if no one owns the ocean, who’s responsible for caring for it? That’s what the High Seas Treaty aims to help address.
Resources:
The Outlaw Ocean shines a light on the lawless frontier that is the High Seas.
- Listen to our podcast episode with founder Ian Urbina
- Visit The Outlaw Ocean Website
- Check out Dispatches from The Outlaw Ocean Podcast -
Marine Protected Areas (MPAs) are areas of the ocean designed to preserve specific animals, plants, or natural habitats.
Inside these areas, limits are often placed on certain human activities - from fishing to underwater drilling to diving - in order to preserve biodiversity, counteract problems (such as overfishing and habitat destruction), or protect a culturally or historically important site.
Treaty Inclusions
For the first time in history, rules will be in place to better manage and govern what happens in previously ungoverned international waters. This includes:
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Until now, no legal mechanism existed to set up MPAs on the high seas. Now a state, or group of states, can submit a proposal for an MPA. The text also provides guidelines for the implementation, monitoring, and review of MPAs established.
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This historic treaty is crucial for enforcing the 30x30 pledge to protect 30% of the ocean by 2023. Without a treaty, the target would likely fail, as no legal mechanism has existed to set up MPAs on the high seas until now.
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MGR’s and DSI have attracted interest from science and industry (eg. to develop new drugs or cosmetics). The treaty includes the principle of fair and equitable sharing of both monetary and non-monetary benefits from the use og MGRs between the Global North and Global South.
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As well as the development of new Environmental Impact Assessment (EIA) standards and guidelines, states will be obligated to conduct EIAs for new activities with potential impacts on the high seas. There will also be a new impact threshold to trigger the screening process, so that more activities will need to be assessed.
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Basically, this is a fund to resource the work, and to ensure all states can take part equitably. The financial mechanism of the agreement is made up of three components:
A voluntary trust fund to support representatives from developing states to participate in the meetings of the agreement
A special fund to receive funds from the marine genetic resource part of the agreement (see above)
And the ‘Global Environment Facility’ fund
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If consensus can’t be achieved by parties to the treaty, then the treaty allows for majority decision-making. This prevents a few countries being able to block action agreed to by the vast majority of countries.
LATEST UPDATES
This section is regularly updated to include recent news and announcements.
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The European Parliament for the EU approved ratification of the High Seas Treaty on Wednesday 24 April. The Treaty is categorised as a “mixed agreement” for the EU, meaning it needs to be ratified by both the EU (as a separate legal entity) and its European member states.
It was sent to the European Parliament’s final Plenary of its term, and received a positive vote, completing the EU’s process of approving ratification of the High Seas Treaty. Once the decision is formally adopted by the Council, the EU will be ready to deposit its “instrument of ratification” at the UN. However, the EU does not count towards the 60 necessary ratifications for the treaty to pass into law. So what now?
The focus is on EU member states to get moving on their national ratification processes, and fast. The process can be slightly different for each country and is likely to take more time. So far, no EU member state has finalised its ratification process nationally. -
At the Our Ocean conference in Athens on 17 April 2024, the European Union and governments of Belgium, Bermuda, Chile, Costa Rica, Dominican Republic, France, Germany, Greece, Republic of Korea, Nigeria, Palau, Philippines and Seychelles called on all nations to prioritise the ratification and implementation of the historic High Seas Treaty, and committed to ensure it swiftly secures the 60 ratifications needed to enter into force.
The announcement was made during a high-level event, ‘High Ambition and Partnerships for the High Seas,’ at the 9th Our Ocean Conference 2024, the first international ocean conference to take place since the new legally binding Treaty opened for signature at the UN headquarters in New York on 20 September 2023.
So far, four countries – Palau, Chile, Belize and Seychelles – have formally ratified the Treaty, while 89 countries have signed it, expressing their intent to ratify. The High Seas Treaty must be signed and ratified by at least 60 countries to enter into force.
Source: Rueters -
On 9 April 2024, Belize became the first Caribbean nation to officially ratify the High Seas Treaty. Seychelles followed closely on 16 April 2024 as the first African nation to ratify.
They join Palau and Chile as the leading countries in the global ‘Race for Ratification,’ but a further 56 countries must ratify the Treaty before it enters into force as the world’s first international law to mandate the conservation and management of the High Seas, or marine areas beyond national jurisdiction (ABNJ). -
Palau made history this week when it became the first nation to officially ratify the UN High Seas Treaty! The United Nations Treaty Collection website shows that the tiny Pacific archipelago nation ratified the treaty on Monday 22 January 2024.
Palau was also the first country to call for a moratorium on deep-sea mining.
“We hope this inspires other countries to re-double their efforts to ratify the Treaty without delay so that it can enter into force as soon as possible,” said Rebecca Hubbard, Director of the High Seas Alliance.
The Chilean Senate last week voted to ratify the historic conservation agreement. The vote passed unanimously on 17 January 2024.
Once published in the government’s official journal, Chile will join Palau in being among the first of 60 countries needed to ratify the Treaty.
The UN Ocean Treaty was adopted last year after almost 20 years of negotiations. It’s considered crucial to achieve the goal of protecting 30% of the world’s oceans by 2030.
However, in order to keep the globally agreed “30x30” target within reach, it must be entered into force by the 2025 UN Ocean Conference.
The Treaty has so far been signed by 84 countries, including Australia, but they need to ratify it to be bound by it.
- See which countries have formally ratified the agreement -
85 countries, including Australia, have so far signed the landmark global agreement to help better protect and manage marine biodiversity, and provide a framework to set up marine protected areas (or MPA’s).
Signing of the High Seas Treaty by UN member states indicates an intent to ratify the agreement (or put it into law). But for it to become international law, at least 60 countries need to actually ratify it.
Check if your country is on the list. -
Australia has joined like-minded nations as a founding signatory of the historic UN High Seas Treaty, opened for signature on 20 September 2023.
Australia signed the treaty on day one and announced it would deliver $3 million through the Office of the Pacific Ocean Commissioner over the next three years to support Pacific countries in signing and ratifying.
The treaty is critical to achieving the global target to protect 30% of the world’s coastal and marine areas by 2030. But it only comes into force after being ratified by 60 member nations - Australia has not yet ratified the treaty.
“Australians know how important marine parks are in our own country – sanctuaries for precious marine life to grow and flourish. This treaty allows us to establish marine parks in the high seas, leading to stronger protections for oceans around the world,” said Minister for the Environment and Water, the Hon Tanya Plibersek MP, in a joint press release with Minister for Foreign Affairs, Senator Penny Wong.
- Read the official Press Release
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In a historic win for Planet Ocean, the first-ever international treaty protecting the High Seas has been formally adopted by all 139 UN member states. Following its adoption, the treaty is open for signature by member states and then needs to be ratified by national governments. The treaty must be ratified by 60 countries to enter into force. The text was agreed in March 2023 following a marathon negotiating session, but additional time was needed for translation into UN languages.
