Historic Moment: High Seas Treaty Enters into Force
- A milestone: The BBNJ Agreement enters into force on Saturday, 17th January with currently 83 states having officially joined the Agreement, including key ocean actors.
- Protecting the blue heart of our planet: The Agreement establishes a new global benchmark for High Seas protection, including a pathway to creating marine protected areas, the requirement to conduct environmental impact assessments before harmful activities are authorised, and the equitable sharing of marine genetic resources.
- From commitment to action: Entry into force is just the first step – governments must now turn commitments into tangible measures to close governance gaps and secure lasting protection for marine biodiversity.
A landmark achievement for ocean protection and multilateral cooperation has been reached: on 17 January 2026, the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ Agreement) – also known as the High Seas Treaty – officially enters into force, marking the first time the international community has agreed on a comprehensive global legal framework to protect marine biodiversity in areas beyond national jurisdiction, covering nearly half of the planet’s surface and about two-thirds of the world’s ocean.
The Agreement’s entry into force is the result of almost two decades of negotiations and advocacy including by governments, scientists, and non-governmental organisations from across the globe. As the triple planetary crisis of climate change, biodiversity loss and pollution accelerates, a healthy ocean is vital in absorbing heat and carbon, regulating weather systems, and supporting the livelihoods for billions of people.
The BBNJ Agreement can become a game-changer for marine biodiversity, providing the international community with legally binding tools to protect marine life through marine protected areas and environmental impact assessments before human activities are approved.
Fabienne McLellan, Managing Director at OceanCare, commented:
“Today is indeed a historic day for the ocean. The entry into force of the BBNJ Agreement marks the culmination of years of dedicated negotiations and multilateral effort. The international community sets an important counterpoint by taking a significant step towards closing governance gaps and legal vacuums affecting the world’s largest habitat — one that belongs to everyone and no one at the same time. This Agreement is indeed a lifeline toward safeguarding the High Seas and effectively managing and mitigating transboundary threats, ensuring that these vast waters become a protected and habitable home for marine life.”
Johannes Müller, Ocean Policy Specialist at OceanCare, added:
“It is by no means self-evident that the Agreement could enter into force so quickly after finalisation, especially in such turbulent political times. Amid growing geopolitical tensions and accelerating environmental crises, this Agreement demonstrates that international cooperation can still deliver results for the common good. But entry into force is not the finish line – it marks the start of a new phase of responsible, conservation-oriented ocean governance. The true success of the Agreement will be measured by its effective implementation, the strength of its institutions, and the translation of its protection commitments into tangible action.”
Currently 83 countries have officially joined the BBNJ Agreement (145 Signatories). This is an encouraging start, especially given the rapid pace with which the Agreement entered into force. However, other key ocean players, such as the United States of America, which has signed but not formally joined the Agreement, and the Russian Federation, which has neither signed nor joined it, have yet to come on board. Achieving universal membership is essential to ensure that all areas beyond national jurisdiction are effectively protected, that marine biodiversity is conserved, and that the rules agreed upon are applied consistently across the High Seas. Many pollutants, including underwater noise and plastic, do not respect borders. Addressing these increasingly devastating transboundary threats will require the participation, commitment and collaboration of all nations.
“Now that implementation takes centre stage, it is crucial for the success of the Agreement that those EU Member States, such as Germany and Austria, that have not yet formally joined, along with other key countries such as Switzerland, do so. Their participation will not only add political weight but also demonstrate multilateral leadership and credibility at a time when international cooperation is under increasing pressure”, concludes Fabienne McLellan.
BBNJ Agreement
The BBNJ Agreement (officially “Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction” or UNCLOS BBNJ Agreement) was finalised on 4 March 2023 after a process of nearly two decades. The High Seas cover nearly two-thirds (64%) of the global ocean – around half of Earth’s surface. Yet only about 1% of the High Seas are protected.
The Agreement provides the first cohesive, comprehensive, international, and legally binding framework to specifically protect High Seas biodiversity, addressing major gaps in ocean governance. Following the formal adoption of the Agreement text by negotiating States at the UN on 19 June 2023, 60 ratifications were needed for it to enter into force. After the 60th ratification is deposited with the UN Secretary-General, a 120-day countdown begins before the Treaty becomes international law. Consequently, the Agreement enters into force on January 17th, 2026.
Preparatory Commission (PrepCom) process
Recognising the work ahead, States agreed to establish a Preparatory Commission (PrepCom) to lay the institutional groundwork ahead of the Agreement’s entry into force and the first meeting of its governing body—the Conference of the Parties (CoP), which is the primary decision-making body responsible for overseeing implementation.
The PrepCom process is more than administrative housekeeping. It serves as a critical bridge between the Agreement’s adoption and its full implementation. Having met twice in 2025 (April and August), the PrepCom will meet again in March 2026, continuing its work on developing recommendations for CoP1 on how the Agreement’s institutional foundations should be built and how it will operate in practice. In short, it is about turning the Agreement from text into action.
OceanCare’s Engagement in the BBNJ Process
OceanCare has been following the deliberations on a High Seas Treaty since 2007 and has actively followed the formal negotiations under the Intergovernmental Conference (IGC) from 2018 to 2023. Since the adoption of the Agreement, OceanCare has advocated for stringent measures to address transboundary forms of pollution and for the swift ratification of the Agreement and highlighted the importance of the Preparatory Commission (PrepCom) process, bringing together States and stakeholders intended to lay the ground work – including rules, procedures, and institutional arrangements – necessary for the effective implementation of the Agreement.
OceanCare has attended all PrepCom sessions to date, namely those held in April and August 2025, and will attend the final PrepCom session in March 2026 (23 March – 2 April 2026), where we will continue to advocate for strong and effective processes and institutions that are critical for the meaningful implementation of the BBNJ Agreement.
Publications/Links
High Seas Alliance Factsheet: High Seas Treaty 2023
OceanCare PrepCom work: High Seas Treaty: The Critical PrepCom Process