Entry into force of the High Seas Treaty

Officially known as the Agreement on Biodiversity Beyond National Jurisdiction (BBNJ), this legally binding United Nations treaty covers ocean areas beyond territorial waters (the ‘high seas’) and international seabeds.

These regions represent more than two-thirds of the ocean's surface and more than 90% of the total volume of habitats on Earth. This is due to the depth of the oceans, with most of the Earth's living space located underwater.

Here are some key points to remember:

Why is this important?

The BBNJ agreement aims to transform the high seas and international seabed areas into a sustainably managed environment for the benefit of all humanity.

It is also the first binding legal instrument relating to the oceans to provide for inclusive ocean governance, with provisions on the participation of indigenous peoples and local communities, as well as gender balance.

It is hoped that, once fully implemented, this agreement will make a vital contribution to tackling the ‘triple planetary crisis’ of climate change, biodiversity loss and pollution.

In an interview with UN News, Tanzanian diplomat Mzee Ali Haji, who led his country's negotiating team during the BBNJ discussions, said the agreement represents a major step forward for the protection of international waters.

‘Everyone must bear in mind that activities on the high seas are now controlled. For example, in the event of pollution, you are responsible for your actions.’

The BBNJ agreement strengthens the current international legal framework: it builds on the United Nations Convention on the Law of the Sea – the ‘constitution of the oceans’ – which has governed maritime and seabed exploitation and the protection of the marine environment since it came into force in 1994.

This agreement fills the gaps in the Convention, provides clarification on biodiversity management and adapts ocean governance to contemporary challenges such as climate change and the 2030 Agenda for Sustainable Development (the action plan negotiated by the United Nations to solve the world's most complex problems).

What does ‘entry into force’ mean?

Once it enters into force, the agreement becomes legally binding on the more than 80 nations that have ratified it to date, meaning that they commit to incorporating it into their national legislation.

The treaty stipulates that it enters into force this Saturday: 120 days after its ratification – its acceptance as legally binding – by at least 60 countries.

Who has signed and who has not?

Many major economies have ratified the BBNJ agreement, including China, Germany, Japan, France and Brazil.

China has a particularly significant impact on ocean-related industries (such as shipbuilding, aquaculture, fishing and offshore oil and gas), exporting some $155 billion worth of ocean-related goods in 2023, according to figures from the United Nations agency responsible for trade and development issues.

Several major economies have not yet ratified the agreement

The United States, the world's largest economy, is among the top five exporters of ocean-related products ($61 billion). Although the country signed the treaty in 2023, it has not yet been ratified and the Senate has not yet taken a position on the matter.

India, one of the leading exporters among developing countries ($19 billion), signed the treaty in 2024, but national legislation for its ratification is still being drafted. The United Kingdom did introduce a bill on the subject in 2025, but Parliament has not yet ratified it.

Russia remains one of the few countries that has neither signed nor ratified the treaty, citing its desire to preserve existing governance frameworks and ensure freedom of navigation and maritime transport in international waters.

Is this a significant setback for the treaty?

Despite the reluctance of some major economies to fully commit to ratifying the treaty, Mr Haji is optimistic about the impact that the BBNJ treaty, in its current form, will have.

‘Developing countries and small island states need support,’ he says. ‘We hope that in the future they will accept this agreement because it will benefit them. Protecting the high seas is everyone's responsibility.’

What happens next?

The door remains open for other countries to ratify, which will strengthen the agreement's effectiveness.

‘When negotiating an agreement, it is impossible to get 100% of stakeholders to ratify or accept it from the outset,’ explains Mr Haji. ‘Some observe first, then when they see the benefits, they join. I am confident that other countries will join the agreement in the future.’

In addition to universal participation, the key to the success of the BBNJ agreement lies in its implementation, i.e. in taking action against those who break the rules.

According to the text of the agreement, the first meeting to monitor progress on these two fronts will take place no later than one year after the agreement enters into force.