The entry into force of a landmark United Nations biodiversity treaty marks a turning point in how the world governs the oceans beyond national borders. For the first time, vast stretches of the high seas—long treated as a regulatory blind spot—are now subject to a comprehensive legal framework designed to curb environmental degradation, manage competing economic interests, and advance an ambitious global goal: protecting 30% of the world’s oceans by 2030.

The agreement, formally known as Biodiversity Beyond National Jurisdiction, closes a gap that has persisted since the adoption of the UN Convention on the Law of the Sea decades ago. While coastal waters and exclusive economic zones have been governed by national rules, the high seas—covering roughly two-thirds of the ocean and nearly half the planet’s surface—have remained largely unregulated despite mounting pressures from industrial fishing, shipping, seabed mining, and climate change.

Why the High Seas Became the Next Environmental Frontier

The urgency behind the treaty reflects a growing scientific consensus that ocean ecosystems are approaching critical thresholds. Advances in technology have made it easier to exploit remote waters, allowing fishing fleets, research vessels, and prospectors to operate far from shore with minimal oversight. What was once inaccessible has become economically viable, intensifying competition for resources in areas no single country controls.

This expansion has come at a cost. Overfishing has depleted migratory stocks, noise and pollution from shipping have disrupted marine life, and climate-driven warming and acidification have begun to alter entire food webs. Yet existing international law offered few tools to address these cumulative impacts. The high seas were governed more by freedom of access than by stewardship, creating incentives for short-term extraction rather than long-term conservation.

The new treaty reflects a recognition that this model is no longer sustainable. By establishing shared rules for environmental protection, it seeks to transform the high seas from a legal vacuum into a managed global commons.

From Negotiation Deadlock to Legal Reality

Reaching agreement took more than 15 years of negotiations, a testament to the complexity of balancing environmental goals with geopolitical and economic interests. Developing countries pushed for mechanisms to ensure fair access to the benefits derived from marine resources, while wealthier nations sought safeguards for scientific research and commercial activities.

The breakthrough came as biodiversity loss climbed the global political agenda, alongside climate change. Governments increasingly acknowledged that protecting ecosystems is not only an environmental imperative but also a matter of food security, economic stability, and geopolitical resilience. That convergence of interests allowed negotiators to bridge long-standing divides and finalise the text in 2023.

With ratification thresholds met, the treaty now moves from aspiration to obligation. More than 80 countries have already ratified it, signalling broad international buy-in, even as some major powers continue to deliberate domestically.

Building a Global Network of Marine Protection

At the heart of the treaty is the creation of marine protected areas in international waters. These zones can restrict or regulate activities such as fishing, shipping, and resource extraction in ecologically sensitive regions. Unlike previous voluntary initiatives, the new framework provides a legal basis for establishing and enforcing such protections on a global scale.

This mechanism is essential to achieving the “30 by 30” target, a commitment endorsed by governments worldwide to bring 30% of land and sea under protection by the end of the decade. At present, only about 8% of the ocean is protected, most of it within national jurisdictions. Closing that gap will require an unprecedented expansion of protected areas in the high seas.

Environmental groups estimate that tens of thousands of new protected zones may be needed. The treaty does not mandate specific sites or numbers, but it creates the institutional machinery—scientific assessments, decision-making bodies, and compliance mechanisms—needed to move from pledges to implementation.

Environmental Assessments as a New Norm

Another key pillar of the agreement is the requirement for environmental impact assessments of activities that could harm marine ecosystems. This provision introduces a precautionary principle into areas that were previously governed by minimal oversight. States and operators will be required to evaluate potential ecological damage before proceeding with projects, whether related to fishing, infrastructure, or emerging industries such as deep-sea mining.

This shift is significant because it changes the default logic of high seas activity. Rather than allowing exploitation unless harm is proven, the treaty places the burden on actors to demonstrate that their activities are compatible with ecosystem protection. Over time, this could reshape investment decisions and slow the pace of environmentally risky ventures.

The treaty also addresses one of the most contentious issues in ocean governance: access to and benefits from marine genetic resources. Organisms found in the deep ocean are increasingly valuable to biotechnology, pharmaceuticals, and industrial research, yet until now there has been little agreement on how benefits should be shared.

By creating mechanisms for benefit-sharing, the treaty aims to ensure that discoveries made in international waters contribute to global welfare rather than enriching a small number of technologically advanced states or corporations. While the exact financial flows and institutional arrangements will take time to develop, the principle itself represents a shift toward greater equity in the use of shared natural heritage.

Ratification Gaps and Political Challenges Ahead

Despite its entry into force, the treaty’s effectiveness will depend heavily on the breadth of participation. While many countries have ratified quickly, others—including some with major maritime interests—have yet to do so. The absence of universal ratification risks creating uneven implementation, where protections exist on paper but lack global enforcement.

Advocacy groups such as the High Seas Alliance argue that near-universal adoption is essential to prevent loopholes and ensure credibility. Without it, non-participating states could continue activities that undermine conservation efforts, benefiting from the restraint of others without sharing the costs.

The role of major powers will be especially important. Countries with large fishing fleets, shipping industries, or scientific capabilities wield disproportionate influence over high seas activity. Their engagement will shape whether the treaty becomes a cornerstone of ocean governance or a partial solution constrained by geopolitics.

Enforcement in a Borderless Environment

Implementing rules in international waters presents practical challenges. Monitoring compliance across vast, remote areas requires technological investment, data-sharing, and cooperation among states. Satellite tracking, vessel monitoring systems, and coordinated inspections will be central to enforcement, but these tools are unevenly distributed.

The treaty’s architects acknowledge that enforcement will evolve gradually, relying on transparency and peer pressure as much as formal sanctions. Over time, norms established through the treaty may shape behaviour even where direct enforcement is difficult, particularly as markets and consumers increasingly scrutinise environmental practices.

The treaty’s entry into force reflects a broader evolution in how the international community approaches environmental protection. Like climate agreements before it, the biodiversity pact blends legal obligation with political commitment, recognising that collective problems require collective solutions even in the absence of a global government.

By extending governance to the high seas, the agreement challenges the notion that areas beyond national jurisdiction are beyond regulation. It reframes the oceans as a shared responsibility rather than an open frontier, aligning conservation with long-term economic and security interests.

Whether the ambition to protect 30% of the oceans by 2030 is fully realised remains uncertain. What is clear is that the legal and institutional foundations are now in place. The treaty’s success will depend less on its text than on sustained political will, scientific guidance, and international cooperation in the years ahead—factors that will determine whether the world’s largest ecosystem can be safeguarded for future generations.

(Adapted from StraitsTimes.com)

Categories: Economy & Finance, Regulations & Legal, Strategy, Sustainability