Written By: Valerie Pietra
In January, a United Nations treaty enters into force. The Congressional Research Service (CRS) calls it “the first single international instrument to address biodiversity on the high seas”—areas beyond national jurisdiction.
The U.N. has identified the ocean as an “essential global resource,” supporting pharmaceuticals, biofuel and human nutrition. “Conserving and sustainably using the oceans, seas and marine resources” is one of seventeen U.N. Sustainable Development Goals. Furthermore, the U.N. Convention on Biological Diversity’s Kunming-Montreal Global Biodiversity Framework has set a global target to conserve 30% of the ocean by 2030.
The High Seas Treaty—formally, 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,” or the “BBNJ Agreement”—is anticipated to accelerate global ocean conservation efforts.
States have jurisdiction of the ocean extending 200 nautical miles from their coastlines, known as exclusive economic zones (EEZs). Beyond these EEZs are the high seas, which account for 95% of the ocean’s volume.
One of the treaty’s objectives is to promote conservation of marine biodiversity, in part by creating new marine protected areas (MPAs). As defined in the treaty, MPAs are “geographically defined marine area[s] that [are] designated and managed to achieve specific long-term biological diversity conservation objectives and may allow, where appropriate, sustainable use provided it is consistent with the conservation objectives.” According to a December 2024 CRS Report, less than 1% of the high seas are designated MPAs.
The treaty has other objectives, as well. CRS anticipates an increase in demand for ocean resources, including marine genetic resources (MGRs). The treaty refers to MGRs as “any material of marine plant, animal, microbial or other origin containing functional units of heredity of actual or potential value.” The treaty aims to prevent states from “claiming or exercising sovereignty” over MGRs, CRS explains. Instead, the treaty emphasizes “fair and equitable” MGR benefit-sharing, such as scientific data and technology.
U.N. member states adopted the High Seas Treaty on June 19, 2023, after nearly 20 years of effort. On September 19, 2025, Morocco became the 60th state to ratify, prompting the treaty’s entry into force on January 17, 2026. To date, the treaty has 145 signatories. Of those, 75 have been made parties to the treaty by ratification, accession, acceptance or approval.
The United States signed the High Seas Treaty on September 20, 2023. To ratify, the President requires two thirds of the Senate. While the High Seas Treaty was transmitted to the Senate on December 18, 2024, it has not yet been ratified. Until it is ratified, by U.N. definition, the signature indicates the United States’ “willingness . . . to continue the treaty-making process,” and imposes an “obligation [on the United States] to refrain . . . from acts that would defeat the object and the purpose of the treaty.”
Although the treaty was created under the 1982 U.N. Convention on the Law of the Sea (UNCLOS), to which the United States is not party, the United States may still ratify the High Seas Treaty, just as it has ratified other agreements created under UNCLOS.
But will the United States ratify? As January 17 entry into force approaches, the United States faces some time pressure to decide.
On one hand, there are some questions about the treaty. CRS cautions that, while the treaty establishes a benefit-sharing model, the model itself has not yet been well defined. In addition, Associated Press reports some concern over enforcement—rather than employing its own separate enforcement mechanism, the treaty mainly depends on each state regulating its own activity.
Furthermore, there are other avenues the United States might take towards conservation efforts. Regardless of whether the United States ratifies, Congress can maintain or expand domestic endeavors to protect marine biodiversity, including establishing MPAs within U.S. EEZs. And the United States is already party to some existing international agreements regarding commerce and the high seas.
If that is the case, why join the High Seas Treaty?
The U.S. Department of State suggests that joining may allow the United States to “set the foundation for, and protect U.S. equities in, future treaty decisions and outcomes.” In Part VI, Article 47, the treaty establishes a Conference of the Parties, which “shall make every effort to adopt decisions and recommendations by consensus.” Importantly, as outlined in Part XII, Article 64, only parties to the treaty can vote.
Furthermore, if the Senate does not ratify, the United States may still be impacted by the treaty’s terms, such as those regarding high seas MGR research and development and the benefit-sharing arrangement. If so, U.S. companies using high seas MGRs might have to work within conditions stemming from treaty terms that the United States had no influence in creating.
Ultimately, if the United States intends to ratify, there is an incentive to do so sooner rather than later. Part VI, Article 47 requires that the first Conference of the Parties take place “no later than one year” after January 17, 2026. Associated Press reports that at the first conference, parties will decide key matters on how the treaty will function, such as “governance, financing and the creation of key bodies to evaluate marine protection proposals.” To ensure U.S. interests are represented in these foundational decisions, the United States must ratify ahead of the first conference.
Whether or not the United States ratifies, the High Seas Treaty will surely influence the future of high seas governance, spanning both conservation efforts and MGR research and development. The United States must consider the potential drawbacks of ratification against its potential benefits, including the opportunity to influence future governance of the high seas as party to the treaty.
Sources
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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, United Nations (2023), https://treaties.un.org/doc/Treaties/2023/06/20230620%2004-28%20PM/Ch_XXI_10.pdf.
Annika Hammerschlag, A primer on what the high seas treaty is and how it will work, Associated Press (Sept. 19, 2025, 15:20 EST), https://apnews.com/article/high-seas-treaty-international-waters-overfishing-mining-e608278358cb092fe0916b772b42058b.
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