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- 02/10/2025
The High Seas Treaty to become legally binding
Morocco became the 60th country to ratify the High Seas Treaty, triggering the agreement, which aims to safeguard biodiversity in areas beyond national jurisdiction, to be adopted in international law and underpins the global target to conserve 30% of the ocean by 2030
On 19 September, Morocco became the 60th country to ratify the High Seas Treaty, triggering the agreement to be adopted in international law. Originally agreed in 2023 after two decades of negotiations, the treaty aims to safeguard biodiversity in areas beyond national jurisdiction.
Only 1% of the high seas are currently protected despite making up two-thirds of the ocean. The treaty underpins the global target to conserve 30% of the ocean by 2030. Environmental groups have welcomed the move, although critics warn enforcement will remain a key challenge.
Why does it matter? The treaty, otherwise known as the Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ) Agreement, focuses on regions of the ocean outside national exclusive economic zones (EEZs), which extend 200 nautical miles from a country’s coastline.
These unregulated areas have been described by UN Secretary-General António Guterres as a potential “wild west” of the seas without regulation, long vulnerable to overfishing, deep sea mining and habitat destruction. The treaty promotes a precautionary approach to human activity in the high seas.
The ocean plays a critical role in maintaining planetary health. It generates 50% of Earth’s oxygen and absorbs vast amounts of excess CO2 and heat from human emissions, challenging the common view that forests alone are the planet’s lungs. Yet, much of the ocean remains a mystery.
As of June 2025, only 27.3% of the seafloor had been mapped using sonar and just 0.001% of the deep ocean has been physically observed, despite comprising 90% of the marine environment. Recent discoveries of thriving ecosystems in hadal trenches underscore how little we understand. With an estimated two-thirds of marine species yet to be discovered, the risk of harming unknown ecosystems through overexploitation is increasingly urgent.
While the High Seas Treaty represents a landmark shift in ocean governance proving a “lifeline for the ocean and humanity”, it does not provide comprehensive legal coverage. Fishing remains largely excluded from its provisions, as regulation still falls under existing Regional Fisheries Management Organisations (RFMOs).
Wealthy countries resisted expanding the treaty’s authority on fishing to avoid jurisdictional overlaps which they viewed as too complicated. This creates a legal and ecological gap between the protection of biodiversity and the treatment of fish as a commercial resource, despite overfishing being a major threat to marine life.
Similar concerns apply to deep sea mining. The treaty will offer legal backing for biodiversity protection, but non-signatory countries could argue that they are not bound to the agreement. An example of the complexity of international law enforcement occurred earlier this year, with US President Donald Trump making a controversial executive order to conduct deep sea mining in international waters, which China argued violated international law. Because enforcement relies heavily on national self-regulation, accountability remains inconsistent.
Despite its limitations, the treaty’s ratification by 60 countries is a major milestone. It signals growing international recognition of the ocean’s importance in tackling climate change and preserving biodiversity. While gaps in enforcement and regulation remain, the treaty lays crucial groundwork for a more unified approach to ocean governance.