The ocean covers two-thirds of the planet. It is so immense and vast that 64% of its waters are outside any border, in a space known as the high seas.

It is an area that lies outside national jurisdictions and represents 40% of the Earth's surface.

Because of the wealth of marine life it harbors - including species new to science - the high seas are one of the world's greatest reserves of biodiversity. It is also a source of food and oxygen, regulates the climate, cushions the impacts of the climate crisis and sustains the livelihoods of fishing and tourism communities.

Despite their importance, only 1.2% of the waters of the high seas have international protection.

To fill this gap, in June 2023, UN member countries formally adopted an agreement to protect biodiversity in the high seas, which needs ratification by at least 60 countries to enter into force.

Find out how many and which countries have ratified the treaty.

As a reservoir of global common goods, the protection and sustainable use of the high seas is a right and an obligation of all governments.

What does the High Seas Treaty state?

The High Seas Treaty - short name for the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ Agreement) - is universal and can benefit all countries, even those that are not party to the United Nations Convention on the Law of the Sea (UNCLOS), such as Colombia, El Salvador, Peru and Venezuela.

The treaty contains the following key elements:

1. Area-based management tools. The treaty establishes a legal framework and a clear process for creating networks of marine protected areas, which can provide comprehensive protection for biodiversity in the high seas from multiple activities, maintaining the health and resilience of this part of the ocean.
2. Environmental impact assessments. Under the treaty, any new activity on the high seas is subject to detailed, modern environmental impact assessments that include the cumulative impacts of multiple activities affecting the same ecosystem. Developing countries will be supported to take part in this task.
3. Fair and equitable sharing of benefits from marine genetic resources. The agreement establishes obligations to share monetary and non-monetary benefits from the utilization of genetic resources found in the high seas (genetic material of any animal, plant or microbe) to develop new medicines, for example.
4. Capacity building and technology transfer. The treaty provides for the provision of financing and technology transfer on fair terms for developing countries to increase their marine scientific and technological capacity, including data exchange, infrastructure development and improvement, and respect for traditional knowledge.
    

Why should governments ratify the High Seas Treaty?

Having a High Seas Treaty took more than two decades, including five years of negotiations at the UN. To secure this historic breakthrough, the agreement must enter into force - become law under international law - which will occur 120 days after 60 countries have ratified it. So far, 28 countries have ratified the treaty.

Ratification means that countries, in addition to signing it, give their formal consent to the treaty, which often involves ensuring that their national laws are consistent with it.

There are many reasons why ratification of the agreement will benefit developing countries, particularly those in Latin America and the Caribbean. Some of these are:

• The treaty brings us closer to environmental justice. It will benefit countries historically excluded from access to the resources of the high seas, providing them with new opportunities for technological, scientific and economic development. It will also allow all countries to be active players in a global platform for decision-making, coordination and cooperation for the protection and sustainable use of these resources.
• The treaty allows for the conservation of key ecosystems. Under the treaty, all countries will be able to propose marine protected areas on the high seas, including landlocked countries (such as Bolivia and Paraguay). This will allow the protection of areas rich in biodiversity and endemic species in Latin America, such as the Salas y Gómez & Nazca submarine mountain ranges (Chile-Peru) or the Thermal Dome in the Central American Pacific.
• The treaty benefits local livelihoods and economies. By promoting a healthy and resilient high seas, the treaty will have positive effects on coastal areas and economic activities that depend on migratory species, such as whale and turtle watching, diving, tourism, commercial and sport fishing. Highly migratory species such as squid are vital to Latin American economies.
• The treaty provides a voice in decision-making on the high seas. Countries that have signed the treaty will participate in the meetings of the Preparatory Commission and those that ratify it will be able to participate in the Conference of the Parties (COP) of the agreement, the first version of which will take place one year after its entry into force, where key aspects of its implementation and the realization of its benefits will be decided.

The call is therefore for all countries to ratify the High Seas Treaty, thus protecting 64% of our ocean, which today lacks effective protection.

It is time to act for marine life and for future generations.