High Seas Treaty Agreement: A Historical Moment for

the Ocean

Written By | DARBY BONNER & REBECCA HUBBARD, Director at High Seas Alliance

The High Seas Alliance (HSA) is a coalition of over 50 organisations, plus the IUCN working to achieve and implement a new biodiversity treaty for the ocean area that is outside national jurisdiction. Otherwise known as the High Seas, this area covers nearly two-thirds of the global ocean – almost half the planet’s entire surface - and they include some of the most ecologically vital yet critically threatened and least protected areas on Earth.

How the High Seas Treaty Became A Historic Moment

On 4th March 2023, countries meeting at the United Nations reached a significant milestone for the ocean and for efforts to stem global biodiversity decline when they agreed to a new international Treaty, to safeguard marine life in areas that lie beyond national jurisdiction.

In essence - the new Treaty will ensure we can better manage the increasing threats facing the High Seas, ensure they can be adequately protected, and ensure that citizens can equitably benefit from their genetic resources. In detail, it sets out a clear process for identifying and establishing protected areas; it sets a higher bar for transparent environmental impact assessments of activities on the high seas than exists in other international forums; it ensures the fair and equitable sharing of benefits derived from marine genetic resources; and it will enhance and build capacity to assist countries in the implementation of the agreement, including with finances.

Currently, less than 1% of the High Seas are fully or highly protected. So, if we want to achieve 30% protection of the global ocean, we need to protect much more of the High Seas. The High Seas Treaty provides the legal framework and a clear process for establishing networks of marine protected areas in this area. If effectively protected and wellmanaged, these will help realise the target to protect at least 30% of the ocean by 2030, agreed upon by countries in December 2022 under the Kunming-Montreal Global Biodiversity Framework.

The new Treaty will be applied in a manner that “does not undermine” existing organisations such as regional fisheries management organisations (RFMOs), the International Maritime Organisation (IMO) (that regulates shipping) and the International

Seabed Authority (ISA) (that regulates mining). It also provides for its Parties to cooperate with relevant bodies and to promote the Treaty’s objectives when participating within them, including adopting relevant measures to support MPAs.

So, whilst they won’t replace those other regulations, the new global norms established under the Treaty together with the standards and guidelines to be developed, will create pressure to modernise and strengthen the assessment and management of fishing, shipping and other activities that have contributed to the overall decline in ocean health and resilience.

The Treaty sets out a clear process for a State or groups of States to submit a proposal for an MPA, as well as the steps for consultation and review. MPAs can be established through a three-quarter majority vote if consensus cannot be reached. This is a key factor in ensuring the effectiveness of the new Treaty because it prevents decisions from being blocked by one or two States. It also provides guidelines for the implementation, monitoring and review of MPAs and is underpinned by an objective to support developing countries in developing, monitoring and managing them through capacity building and technology transfer.

The Future of the High Seas Treaty

Before it becomes a binding international law, the Treaty text must be formally adopted by the negotiating States. Next, countries will sign and then ratify it, in most cases after taking necessary steps through their own domestic legal processes. The sixtieth country to ratify will start a hundred-and-twenty-day countdown, after which the global agreement will enter into force. The High Seas Alliance is aiming for at least 60 countries to have ratified the High Seas Treaty by the UN Ocean Conference in June 2025, France. This is an ambitious milestone for governments to rally around so that the Treaty and its protective provisions can be implemented as soon as possible.

The High Seas Alliance Celebrates World Ocean Day

For World Ocean Day this year, the High Seas Alliance will be hosting a webinar on 15th June about the High Seas Treaty and welcome people from around the world to join and find out how they can support the campaign to protect the High Seas! Keep an eye on their social media channels for the link.

Twitter: @HighSeasAllianc

Instagram: @highseasalliance

Website: www.highseasalliance.org