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Roughly two thirds of the ocean lies outside of any country’s jurisdiction. This area, encompassing about half of the Earth’s total surface, is known as the “high seas.” The high seas hold huge importance to the health of the planet, with rich biodiversity and natural resources. A comprehensive framework to govern and safeguard the high seas has been absent, until now.&nbsp;

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Commonly known as the “High Seas Treaty,” the Agreement on the Conversation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction or “BBNJ Agreement,” was ratified in September 2025 and officially entered into force on January 17, 2026. From this date, ratifying countries are legally bound by the BBNJ Agreement to support conservation and sustainable management of high seas biodiversity.&nbsp;

Why Does It Matter and What Is Included?

The BBNJ Agreement is the first legally binding convention that provides for comprehensive management of resources on the high seas. Absent a binding global agreement, governance of the high seas consisted of a patchwork of regional fisheries agreements, shipping conventions, and Marine Protected Areas (“MPAs”) that covered less than one percent of the high seas. The BBNJ Agreement is intended to fill regulatory gaps, complementing national efforts and enabling coordinated conservation measures on the high seas.

There are four pillars of the BBNJ Agreement:

1. Marine Genetic Resources. Material collected from deep-sea, e.g., sponges, coral, and bacteria, also known as Marine Genetic Resources, can spur innovation in pharmaceuticals, biotechnology, and food production. The BBNJ Agreement aims to ensure the benefits of these discoveries are shared among nations.

2. Area-based management tools, including MPAs. The BBNJ Agreement creates a formal mechanism for creating MPAs on the high seas, which are regions that conserve biodiversity and sensitive ecosystems. While several MPAs already exist, the BBNJ Agreement creates a clearer pathway for proposing new MPAs and strengthens long-term conservation.

3. Environmental Impact Assessments (“EIAs”). As technology develops, so does the use of the high seas, including for activities such as marine carbon dioxide removal. The BBNJ Agreement requires a consistent process for conducting EIAs, which must meet agreed-upon international standards and be made publicly available.

4. Capacity Building and Technology Cooperation. The BBNJ Agreement helps developing nations access marine technology, data, and training to allow all countries to participate meaningfully in ocean governance.

Together, these pillars, if effectively implemented, should contribute to conserving and effectively managing 30 percent of the high seas by 2030.

What Is Not in the Agreement?

The BBNJ Agreement is designed to work within the parameters of existing international bodies and frameworks. For example, it does not replace Regional Fisheries Management Organizations (“RFMOs”) or existing fisheries agreements. RFMOs still maintain responsibility for setting quotas under their jurisdiction.&nbsp;

While the BBNJ Agreement addresses environmental impacts, it also does not directly regulate or replace the International Seabed Authority regarding the use of deep-sea minerals.&nbsp;

Additionally, the funding mechanisms, technical staffing, and implementation procedures are still being developed.

Who Ratified the Agreement?

As of March 24, 2026, the BBNJ Agreement has been ratified by 86 parties. Countries that ratified the BBNJ Agreement include China, Germany, Japan, France, and Brazil.

The United States signed the BBNJ Agreement in 2023 but has not ratified it. Notably, on January 21, 2026, the U.S. National Oceanic and Atmospheric Administration finalized a rule that will expedite the permit and license application process for deep-seabed mining and allow companies to mine beyond U.S. jurisdictional boundaries. While the BBNJ Agreement was not among the United Nations (“U.N.”) conventions and treaties from which the Trump administration announced the United States would withdraw, ratification of the BBNJ Agreement by the U.S. remains unlikely.

To prepare for the treaty’s implementation, the U.N. General Assembly created a Preparatory Commission that met in April and August 2025. A third session occurred earlier this month, where the Commission continued discussions on governance, financing, and monitoring mechanisms. The door remains open for more countries to ratify, which will make the BBNJ Agreement more effective.

The BBNJ Agreement marks a significant milestone in management of the high seas, establishing a comprehensive legal framework for ocean areas beyond national jurisdictions. By filling key gaps in regulation and international cooperation, the BBNJ Agreement provides a solid pathway toward conserving marine biodiversity and ensuring the sustainable use of the oceans. The ultimate success of the BBNJ Agreement will depend on widespread ratification and the diligent work of the parties to translate its ambitious goals into effective action, preserving the high seas for generations to come.

This article is one in a series of articles written for Blank Rome’s&nbsp;<a href="https://www.blankrome.com/publications/mainbrace-april-2026">MAINBRACE: April 2026</a> edition.

High Seas Treaty Takes Force: What You Need to Know

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High Seas Treaty Takes Force: What You Need to Know

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