High Seas Treaty reaches legal threshold
Ce qu’il faut retenir: The High Seas Biodiversity Treaty, adopted at the UN in 2023 after two decades of talks, cleared its final hurdle when Morocco deposited the 60th instrument of ratification. The accord will enter into force at the end of January 2026, transforming political pledges into binding international law.
Secretary-General António Guterres hailed a “historic moment for the ocean”, pointing to the treaty as a lifeline amid the climate, biodiversity and pollution crises. Environmental advocates such as NRDC’s Lisa Speer likewise called the agreement a once-in-a-generation opening to safeguard the common blue heritage all humanity relies on.
From patchwork rules to coherent safeguards
Contexte: Until now less than ten percent of the global ocean enjoyed any legal protection, and those measures were spread across sector-based rules for shipping, fishing or hydrocarbons. The new treaty authorises the establishment of vast conservation zones on the high seas, an area that covers nearly half the planet’s surface.
By enabling marine protected areas and baseline environmental impact assessments, the text fills gaps left by the Law of the Sea. It sets the political cornerstone for achieving the pledge made at the 2022 Kunming-Montreal summit to place thirty percent of the planet’s land and sea under protection by 2030.
Two decades of negotiation pay off
Calendrier: Negotiations began in 2004, gathered speed after 2015 and culminated in consensus at UN headquarters in March 2023. Diplomatic fatigue was palpable, yet delegates ultimately bridged divides over benefit-sharing, monitoring and financing. The final race centred on ratification, with early movers ranging from Chile to Fiji reinforcing global momentum.
The 60-country threshold, fixed by the convention text itself, was reached on Friday. Ratification instruments came from a politically diverse group spanning small-island developing states, European Union members and now Morocco, whose deposit tipped the scale. Observers view the milestone as evidence that multilateralism can still deliver tangible outcomes.
African diplomacy and the 60th ratification
African dimension: Morocco’s step places the continent at the heart of ocean stewardship discussions. Several coastal African states participated actively in the talks, emphasising equitable access to marine genetic resources and the blue economy. Their engagement illustrates a broader shift toward asserting southern perspectives inside global environmental negotiations.
While the treaty focuses on areas beyond national jurisdiction, coastal nations stand to benefit through stronger scientific cooperation and potential technology transfer. Regional bodies such as the Abidjan Convention are expected to weave the high-seas provisions into their own protocols, creating a continuum of protection from nearshore waters outward.
Deep-sea mining under scrutiny
Acteurs: The mining, shipping and industrial fishing sectors now face a clearer regulatory horizon. The treaty stipulates that any activity with potentially significant environmental effects will undergo rigorous impact assessment overseen by a future scientific committee. Proponents argue this will prevent unchecked expansion of deep-sea mining operations currently under consideration.
Industry representatives nevertheless point to the need for predictable timelines and cost structures. The treaty balances those concerns by embedding decision-making into a conference of parties where states, not private operators, hold the final word. For conservation groups, that governance architecture is crucial to keeping commercial pressures in check.
Roadmap to 2026 and the 30 % pledge
Scénarios: Between now and January 2026 governments must design implementation guidelines, nominate sites for marine protected areas and build compliance mechanisms. Capacity-building will be essential, particularly for developing countries whose naval and scientific infrastructures remain limited. Early pilot projects are likely to focus on biodiversity-rich seamount chains and key migratory corridors.
Financing remains the wild card. Although no fixed figure appears in the treaty, negotiators envisaged drawing on existing climate and biodiversity funds as well as fresh public-private partnerships. The scale of ambition, covering nearly half the globe, will test donor appetites and innovative mechanisms such as blue bonds.
Looking beyond entry into force, diplomats already warn that ratification is only the starting line. The measure of success will be pristine ecosystems, resilient fish stocks and calmer geopolitical waters. Yet the accord’s very adoption signals a renewed faith in collective action—a timely counterpoint to narratives of diplomatic paralysis.
