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In 2017, the United Nations General Assembly (UNGA) voted to convene an intergovernmental conference (IGC) to consider establishing an international legally binding instrument (ILBI) on the conservation and sustainable use of marine biodiversity beyond national jurisdiction (BBNJ). This was considered necessary because UNCLOS did not provide a framework for areas beyond national jurisdiction. There was a particular concern for marine biodiversity and the impact of overfishing on global fish stocks and ecosystem stability.
The treaty addresses four themes: BBNJ Agreement. Draft Agreement. Part II, III, IV and V (1) marine genetic resources (MGRs) and their digital sequence information, including the fair and equitable sharing of benefits; (2) area-based management tools (ABMTs), including marine protected areas (MPAs); (3) environmental impact assessments (EIAs); and (4) capacity building and transfer of marine technology (CB&TMT). The area-based management tools and environmental impact assessments relate mainly to conservation and sustainable use of marine biodiversity, while the marine genetic resources and capacity building and transfer of marine technology include issues of economic justice and equity.
Greenpeace called it "the biggest conservation victory ever". The main achievement is the new possibility to create marine protected areas in international waters. By doing so the agreement now makes it possible to protect 30% of the oceans by 2030 (part of the 30 by 30 target). Though the agreement does not directly address climate change, it also serves as a step towards protecting the ecosystems that store carbon in sediments.
The High Seas Treaty has 76 articles and two annexes. One of its main aims is "to act as stewards of the ocean in areas beyond national jurisdiction on behalf of present and future generations by protecting, caring for and ensuring responsible use of the marine environment, maintaining the integrity of ocean ecosystems and conserving the inherent value of biological diversity of areas beyond national jurisdiction". The Agreement recognizes traditional knowledge. It has articles regarding the "polluter-pays" principle, and different impacts of human activities including areas beyond the national jurisdiction of the countries making those activities. The agreement was adopted by the 193 United Nations Member States.
Both states and regional economic integration organizations can become parties to the Agreement. BBNJ Agreement. Draft agreement. Part XII, article 66 Before entering into force, the treaty needed to be ratified by at least 60 UN member states. The former treaty, UNCLOS, was adopted in 1982 and entered into force in 1994. UNCLOS has 170 parties. The European Union pledged financial support for the process of ratification and implementation of the treaty.
Areas beyond national jurisdiction comprise the 'high seas' (water column beyond the national jurisdiction of countries) and the 'Seabed' (international seabed area), making up about two-thirds of the ocean. The areas are currently regulated by different regional and sectoral agreements, such as regional fisheries management organisations (RFMOs). However, they can only implement measures within their own respective mandates and cooperation is lacking. Additionally, only a few areas are covered, leaving the majority effectively unregulated. The remaining one-third of the ocean falls under national jurisdiction and is situated within the exclusive economic zones (EEZs). The exclusive economic zones extend 200 nautical miles (about 370 km) from the territorial sea baseline. The zones are established under UNCLOS, giving coastal states the jurisdiction over the living and non-living resources within the water and the seabeds.
The common name "High Seas Treaty" has been criticized by some as inaccurate and omitting biodiversity.
On 24 December 2017, the United Nations General Assembly adopted Resolution 72/249 to convene an intergovernmental conference and undertake formal negotiations for a new international legally binding instrument under the UNCLOS for the conservation and sustainable development of marine biological diversity in areas beyond national jurisdiction. Between 2018 and 2023, diplomats have gathered at the UN Headquarters in New York City for negotiating sessions. There have so far been five sessions in total.
The intergovernmental conference (IGC) convened a total of five sessions in 2018, 2019, 2022 and 2023 to negotiate the text for the BBNJ legal instrument:
During the first session in September 2018, the concept of 'Beyond National Jurisdiction' seemed to have a greater influence on positions taken than the direct concerns regarding 'Biodiversity' itself.
In January 2024, Ambassador Ilana Seid presented the agreement of Palau to the treaty. Palau was the first of sixty countries required to ratify the treaty for it to enter into force.
The third UN Ocean Conference took place in June 2025 in Nice, France. During the conference, 19 additional countries ratified the treaty, bringing the total number to 51. There were also a further 20 signatories.
On 19 September 2025, Morocco became the 60th country to ratify the agreement, setting the stage for its entry into force in January 2026.
During the UN negotiations it has been a contentious point whether or not marine genetic resources should apply to 'fish' and 'fishing activities'. If not, it would be likely to impact the ability of the High Seas treaty to address its objective, since fish are a major component of marine biodiversity and play an essential role in the functioning of marine ecosystems, according to some experts. However, the final treaty text states that the provisions about marine genetic resources do not apply to 'fish' and 'fishing' in areas beyond national jurisdiction. High Seas Treaty. Draft agreement. Part II, article 10
The part about fair and equitable sharing of benefits has also been a point of dispute in the negotiations. In the end it was agreed upon to regulate non-monetary as well as monetary benefits. Furthermore, an access and benefit-sharing (ABS) committee will be established with the purpose of providing guidelines for the benefit-sharing, and ensuring that this is done in a transparent, fair, and equitable way. High Seas Treaty. Draft agreement. Part II, article 15
The process to establish a tool or a protected area is as follows. First, a party under the High Seas treaty has to submit a proposal for an area-based management tool or a marine protected area. The proposal has to be based on the best available sciences and information. It will be made publicly available and transmitted to the Scientific and Technical Body to be reviewed. Hereafter, relevant stakeholders have to be consulted. The proposal has to be adopted by consensus - or if this is not possible, three-quarter majority of the representatives present and voting. The decision will enter into force within 120 days after the voting, and will be binding for all parties of the treaty. However, if a part within the 120 days makes an objection to the decision, an opt-out is possible. High Seas Treaty. Draft agreement. Part III, article 23
After the treaty text was finalised, it has been reported that the treaty through marine protected areas will protect 30% of the oceans by 2030 - a target adopted at the UN Biodiversity Conference (COP15) in December 2022 - however this is not the case, according to experts. The treaty can help to implement the 30 by 30 biodiversity target in the oceans, but it will a require a lot of action by states.
The treaty also includes provisions for Strategic Environmental Assessments (SEAs), which are assessments that are more holistic and focused on long-term environmental protection compared to the more specific focus of environmental impact assessments. Parties under the treaty have to consider conducting a strategic environmental assessment for plans and programmes related to their activities in areas beyond national jurisdiction, but are not obliged to conduct one. High Seas Treaty. Draft agreement. Part IV, article 39
Technology plays an important role in the implementation, making capacity building and technology transfer essential for the enforcement of the treaty. A key focus is to support developing and geographically disadvantaged states in implementing the agreement. High Seas Treaty. Draft agreement. Part V, article 40 (e)
Furthermore, a capacity-building and transfer of marine technology committee will be established, in order to monitor and review the undertaken initiatives, under the authority of the Conference of the Parties. High Seas Treaty. Draft agreement. Part V, article 46
The Conference of the parties (COP) will have its first meeting one year after the treaty enters into force, at the latest. The rules of procedure and the financial rules will be adopted at the first meeting. The Conference of the Parties will review and evaluate the implementation of the High Seas treaty. The Conference has to take decisions and adopt recommendations by consensus - or if it is not possible to reach consensus after all efforts have been exhausted, adopted by a two-thirds majority of the parties present and voting. The Conference will also have to promote transparency in the implementation of the agreement and the related activities. Five years after the treaty enters into force, the Conference of Parties has to review the treaty. High Seas Treaty. Part VI, article 47 and 48
The Scientific and Technical Body will be composed of members nominated by the parties and elected by the Conference of the Parties, serving as experts and in the best interest of the agreement. The need for multidisciplinary expertise has to be taken into account in the nomination and election of members. The Scientific and Technical Body will among other things provide scientific and technical advice to the Conference of the Parties, monitor and review area-based management tools and comment on environmental impact assessments. High Seas Treaty. Draft agreement. Part VI, article 49
The secretariat is responsible for providing administrative and logistical support to the Conference of the Parties and its subsidiary bodies. This includes tasks, such as arranging and servicing the meetings, as well as circulating information relating to the implementation of the treaty in a timely manner. High Seas Treaty. Draft agreement. Part VI, article 50
The clearing-house mechanism will work as an open-access platform, facilitating the access, provision, and dissemination of information. It will promote transparency and facilitate international cooperation and collaboration. The mechanism will be managed by the secretariat. High Seas Treaty. Draft agreement. Part VI, article 51
In addition, the treaty establishes an 'access and benefit-sharing committee' (BBNJ ABS Committee), a 'capacity-building and transfer of marine technology committee', a 'finance committee on financial resources' and an 'implementation and compliance committee'. However, these are not mentioned in the section about institutional arrangements.High Seas Treaty. Draft agreement. Part II, article 15; Part V, article 46; Part VII, article 52; Part VIII, article 55. [16]
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