High Seas Treaty Enters into Force: Multilateralism Delivers

It is the first comprehensive global treaty dedicated specifically to protecting marine biodiversity in areas beyond national jurisdiction – those waters typically starting beyond the so-called 200-nautical-mile zone of coastal states.

The BBNJ Agreement is more than just a new legal instrument. It is the product of years of multilateral efforts, tough negotiations, and countless meetings aimed at creating a framework under which the marine areas that cover nearly half the planet’s surface, and the species that inhabit them, can be both protected and used sustainably. In short, it proves that when states share a common understanding of the challenges and a willingness to act together, multilateralism works.

For decades, many treated this part of the ocean as invincible, following the ‘out of sight, out of mind’ logic, believing that areas beyond national jurisdiction were beyond human impact – a misconception that the very existence of the BBNJ Agreement decisively disproves. Even though the need to protect the high seas had long been recognised by scientists, non-governmental organisations, and several states, the formal United Nations mandate to negotiate an agreement under the United Nations Convention on the Law of the Sea came only in 2017.

For the first time, the international community now has a meaningful tool to ensure that the high seas are not a free-for-all in matters of species protection, but a shared space managed responsibly for the benefit of all. Whether or not they will be protected, and to what extent, remains to be seen, the real test will be how effectively the BBNJ Agreement is implemented.

At its heart, the BBNJ Agreement is about safeguarding life beneath the waves, which is also a key goal of the United Nations 2030 Agenda for Sustainable Development. It will help address the major threats marine ecosystems are facing today: climate change, biodiversity loss, and transboundary forms of pollution, including underwater noise and plastic. For example, with sound traveling nearly five times faster in water than in air, underwater noise pollution can affect marine life far beyond the areas from where it originates. These threats do not stop at national borders and consequently neither should our solutions. The same applies to plastic or chemical pollution.

Areas beyond national jurisdiction are critical habitats for migratory species, from whales and turtles to seabirds and fish, whose survival depends on safe passage across vast stretches of the high seas. The BBNJ Agreement enables countries to systematically cooperate in protecting marine life. It includes a pathway to establishing marine protected areas, and a critical step in ensuring the protection of migratory routes and breeding grounds, and it requires the use of environmental impact assessments before an activity is approved. Implementing these tools will require collective effort. While the details still need to be worked out, one thing is certain: success depends on giving science a central role in shaping solutions.

The ways we use the ocean, whether fisheries, shipping or emerging industries, will now be guided stronger by a shared commitment to conservation. The objective of the BBNJ Agreement – to protect marine biodiversity – can only be achieved if we also rethink and improve how existing activities are managed. Clinging to past practices and a ‘business as usual’ approach is incompatible with effective ocean protection. The Agreement therefore presents an opportunity to move from a mindset of exploitation to one of stewardship.

Beyond its immediate environmental benefits, the BBNJ Agreement is also a story of hope. At a time when international cooperation is often under strain, it shows that countries can come together to safeguard common goods and tackle global challenges. Key ocean players, including China, the European Union, Japan, and the Republic of Korea, have formally joined the Agreement, sending a clear signal that protecting the ocean is a shared global responsibility. The question, however, is whether the Agreement’s entry into force in January 2026 reflects a political approach already out of step with current realities, or whether it can withstand the pressures of shifting geopolitics, knowing fully well that protecting life in areas covering nearly half the planet cannot wait any longer. Other key players, including the United States of America, which has signed the Agreement but not formally joined, and the Russian Federation, which has neither signed nor joined, have yet to join.

For the public, this Agreement is not just a diplomatic achievement; it is a reassurance that by working together, we can protect the planet for future generations. Its success depends on more than governments alone. Non-state actors, including scientists, civil society, and cultural groups, have played a vital role so far.

While governments hold decision-making power and lead negotiations, it was the knowledge, expertise, and dedication of these actors that made the BBNJ Agreement possible and will continue to be crucial for its meaningful implementation.

In celebrating the entry into force of the BBNJ Agreement, we recognise a shared understanding that old, destructive habits are no longer an option if we are to safeguard areas beyond national jurisdiction and the life they sustain. Above all, if we take seriously the commitment to protect and preserve the ocean and its marine life, we require a fundamental shift in how we interact with the ocean.

One thing remains certain: the true success of the BBNJ Agreement lies in its implementation, and this will depend on whether multilateralism can withstand today’s geopolitical turbulence. Only then will the ocean-protection promise that has been embedded in the Agreement become a reality.

About the Author

Dr Johannes-Alexander Müller studied Political Science at the University of Vienna and holds a master’s and a doctorate from the University of St Andrews. He is a Policy Advisor at OceanCare, a member organisation of the High Seas Alliance, where he works on multilateral environmental processes, including compliance issues, with a particular focus on the BBNJ Agreement and its implementation, as well as legal and political matters under the United Nations Convention on the Law of the Sea. OceanCare has participated in negotiations on the High Seas Treaty since 2007, and Dr Müller has been involved since 2018.