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Photo: Alejandro Balaguer / Fundación Albatros MediaVictory: Panama Bay is Legally Protected
Panama Bay, one of the world’s most important nesting and roosting sites for migratory birds, is now permanently protected, thanks in part to AIDA’s expertise in international law.
The bay supports endangered species, including jaguars and loggerhead turtles, as well as the vast majority of the country’s fishing industry. Its coastal mangroves capture 50 times more carbon pollution than a tropical forest of similar size. Mangroves also protect coastal communities from storm surges that grow in severity as the climate warms. Panama has already lost 75 percent of its mangroves.
In 2012 tourism developers had secured a Supreme Court decision overturning the National Environmental Authority’s decision to protect the bay as a wildlife refuge.
AIDA worked with the Environmental Advocacy Center (CIAM), a Panamanian environmental law organization, to defend Panama Bay’s protected status. We submitted a brief containing arguments based on international law. We made analogies between Panama Bay and Las Baulas National Marine Park in Costa Rica. In a legal case about Las Baulas, a balancing test found that the public right to a healthy environment outweighed the interests of tourism developers.
Then, on February 2, 2015—World Wetlands Day—Panama passed a law creating Panama Bay Wetland Wildlife Refuge. The law emphasizes the importance of an ecosystem approach to management and the rational use of wetlands, as described in the Ramsar Convention.
AIDA and CIAM will continue working to see that the law is implemented properly and to ensure the protection of Panama Bay wetlands.
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5 key facts about “rare” earth elements
In recent weeks, you have probably read or heard the term "rare" earth elementsContrary to what their name suggests, they are more common in everyday life than you might think. In fact, many of the technological innovations we use daily would not be possible without them.So why are they being talked about so much right now?Because today, "rare" earth elements and other minerals considered "critical" are at the center of disputes over their control, given their usefulness in the manufacture of technologies for the energy transition and for the military industry.But aside from the geopolitical tensions surrounding the issue, there are basic questions that arise when we hear this term, which is why we answer them here.By understanding where the raw materials behind the technologies we use come from, we can also rethink the kind of future we want. What are "rare" earth elements?There are 17 metallic elements, similar in their geochemical properties, used in many of today's technologies, from cell phones to electric cars.They include the 15 lanthanides of the periodic table of chemical elements—lanthanum, cerium, praseodymium, neodymium, promethium, samarium, europium, gadolinium, terbium, dysprosium, holmium, erbium, thulium, ytterbium, and lutetium—as well as scandium and yttrium.Promethium is usually excluded from this group because under normal conditions its half-life is short. Are they really rare?Contrary to what one might think, they are not "rare" in abundance, but rather in concentration. In other words, deposits with high concentrations are rare, making their exploitation and processing difficult. As a result, most of the world's supply comes from a few sources.But when they were discovered (in the 18th and 19th centuries), they were less well known than other elements. The most abundant "rare" earth elements are similar in concentration in the Earth's crust to common industrial metals (chromium, nickel, copper, zinc, molybdenum, tin, tungsten, or lead). Even the two least abundant rare earth elements (thulium and lutetium) are almost 200 times more common than gold. What are "rare" earth elements used for?They have unusual fluorescent, magnetic, and conductive properties, making them attractive for a wide range of applications.They are present in everyday objects such as smartphones, screens, and LED lights.In renewable energy, they are used to manufacture wind turbines and electric cars.Its most specialized uses include medical devices and military weapons. Where are they?They exist in various parts of the world, but just because a country has reserves does not mean that it exploits them. The countries with the largest reserves are:China: 44 million tons.Brazil: 21 million tons.India: 6.9 million tons.Australia: 5.7 million tons.Russia: 3.8 million tons.Vietnam: 3.5 million tons.United States: 1.9 million tons.Greenland: 1.5 million tons.In Latin America, besides Brazil, other countries where "rare" earth elements have been identified are Argentina, Chile, Bolivia, Colombia, and Peru. Why is there so much talk about them now?The energy transition is intensifying competition for access to raw materials—including rare earth elements—needed for renewable energy technologies.To promote and facilitate access to these and other resources, some countries and international organizations refer to them as "critical."But they are not only important for renewable energy. "Rare" earth elements are also key to the military industry.Because global supply is concentrated in a few sources, there is growing interest among some countries in the Global North in controlling access to these resources. What are the impacts of their exploitation?The extraction of "rare" earth elements is mainly carried out in open-pit mines, which have serious environmental and social impacts:Water, air, and soil pollution.Heavy use of water and toxic chemicals.Radioactive waste.Loss of biodiversity.Health risks.Forced displacement of communities.Increased risk of economic inequality. "Rare" earth elements and other minerals considered "critical" are at the center of current debates over who controls their exploitation and production.As these are natural resources, often found in indigenous territories and critical ecosystems, a more urgent discussion is what kind of progress we want: one that encourages the excessive exploitation of resources, or one that respects the environment and people? If you would like to learn more about this topic, here are the links to the sources we consulted: USGS, Rare Earths Statistics and Information: https://www.usgs.gov/centers/national-minerals-information-center/rare-earths-statistics-and-inform… USGS, "Fact Sheet: Rare Earth Elements-Critical Resources for High Technology": https://pubs.usgs.gov/fs/2002/fs087-02/ Science History Institute, History and Future of Rare Earth Elements: https://www.sciencehistory.org/education/classroom-activities/role-playing-games/case-of-rare-earth… USGS, "The Rare Earth Elements-Vital to Modern Technologies and Lifestyles": https://pubs.usgs.gov/fs/2014/3078/pdf/fs2014-3078.pdf Institute for Environmental Research and Education, "What Impacts Does Mining Rare Earth Elements Have?": https://iere.org/what-impact-does-mining-rare-earth-elements-have/#environmental_impact_studiesLatin America’s opportunity in critical mineralsfor the clean energy transition: https://www.iea.org/commentaries/latin-americas-opportunity-in-critical-minerals-for-the-clean-ener…U.S. Geological Survey, Mineral Commodity Summaries, January 2025 : https://pubs.usgs.gov/periodicals/mcs2025/mcs2025-rare-earths.pdf pg 145
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What comes next after the High Seas Treaty enters into force?
The day finally arrived. On January 17, the High Seas Treaty—officially known as the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement)—came into force, thereby becoming international law. A historic milestone that took more than two decades to achieve, the treaty establishes for the first time a legal framework to protect biodiversity in the high seas—whose waters cover almost half the planet and belong to all countries—and to ensure that the benefits derived from its resources are distributed equitably worldwide. The implementation of the treaty was activated on September 19, 2025, upon reaching its sixtieth ratification. As of January 15, this year, 83 countries are already States Parties to the agreement. Ratification means that countries, in addition to signing the treaty, give their formal consent to it, often by ensuring that their national laws are consistent with it.But what comes next with the entry into force of the High Seas Treaty? Legal obligations for States With its entry into force, the States Parties to the agreement must begin to comply with a series of legal obligations contained therein. Although some depend on the functioning of the treaty's bodies and mechanisms, others are applicable immediately, including the following:Publicly notify any planned activities under its control that may affect biodiversity in the high seas or on the seabed. These activities must follow the environmental impact assessment processes established by the treaty.Promote the agreement's goals when participating in decision-making forums with other international organizations, such as those that regulate maritime shipping, fishing, and deep-sea mining.Notify and report on matters related to compliance with requirements concerning marine genetic resources, sharing of non-monetary benefits, and cooperation for technology transfer and capacity building. Regarding the last point, the treaty establishes a Clearing-House Mechanism (CHM), a source of knowledge that many countries—especially developing ones—would not otherwise have access to. In general terms, the implementation of the agreement will include, among its most visible obligations, issues of cooperation and coordination between countries based on mechanisms established by the agreement and through links with existing international legal instruments that have historically been applied in isolation. Proposals for marine protected areas on the high seas One of the main goals of the treaty is the creation and proper management of marine protected areas (MPAs) on the high seas to conserve and restore the rich biodiversity found in the ocean.With the treaty now in force, this task cannot begin immediately because its implementation requires the functioning of specific bodies and mechanisms, including the treaty Secretariat, which will receive MPA proposals, and the Scientific and Technical Body, which will evaluate them and issue recommendations on their adoption to the Conference of the Parties.However, countries can begin now with the broad consultation process stipulated in the treaty to develop proposals for MPAs or other area-based management tools (ABMTs), which must be based on the best available scientific and traditional knowledge.Although it is up to countries to propose and then decide on the establishment of areas to be declared reserves for protection on the high seas, there are efforts from civil society to advance this issue. For example, the High Seas Alliance—a coalition of organizations in which AIDA serves as regional coordinator for Latin America—has preliminarily identified eight MPA proposals of high environmental value: three are in the Atlantic (Lost City, Sargasso Sea, and Walvis Ridge), four in the Pacific (Thermal Dome, Salas y Gómez and Nazca Ridges, Emperor Seamounts, and South Tasman Sea), and one in the Indian Ocean (Saya de Malha).The alliance is supporting the governments of Costa Rica and Chile in developing proposals for MPAs located in international waters adjacent to Latin America—the Thermal Dome and Salas y Gómez and Nazca Ridges. The first decision-making meeting of the agreement No later than one year after the High Seas Treaty enters into force—that is, at the end of 2026 or the beginning of 2027—its first Conference of the Parties (COP1) will take place, where key aspects for its implementation and the realization of its benefits will be decided.Only countries that have ratified the agreement may participate in decision-making; the rest may do so as observers. Countries that have only signed the treaty have a good-faith obligation to refrain from acts that defeat its purpose.Ahead of COP1, meetings of the Preparatory Commission are being held to develop proposals on the treaty's institutional architecture (its bodies and decision-making processes), which will be presented for adoption at the conference. With this historic milestone, another key phase now begins: implementation, which will translate it into concrete and lasting measures for the health of the ocean. Its impact will depend on how it is collectively applied and respected. And its effectiveness will be greater when all countries join the agreement.
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Historic High Seas Treaty enters into force, launching a new era of global ocean governance
New York. Today the High Seas Treaty, formally the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ), has officially entered into force, marking a historic milestone for global ocean protection and multilateral cooperation.Covering nearly half the planet, the High Seas lie beyond national borders and form part of the global commons. The United Nations Treaty establishes, for the first time, a legal framework to protect biodiversity in these international waters and to ensure the benefits of their resources are shared fairly among nations. "The entry into force of the BBNJ Agreement today stands as a monument to multilateralism and to the years of dedication, dialogue and cooperative action by countless committed people around the world. Global challenges, such as the climate and biodiversity crises, affect all of us. As such, global cooperation is not a choice, it is a necessity. This Treaty embodies hope, resolve, and a shared commitment to a brighter future for the ocean and our planet," said Singapore’s Ambassador for International Law Rena Lee, who served as President of the Treaty negotiations and was pivotal in guiding states to its successful adoption in 2023.With entry into force, the Treaty now provides the tools to create marine protected areas (MPAs) on the High Seas, set clear obligations on how to ensure ocean resources are used sustainably, capacity building and access to technology and tools is prioritised, and mechanisms are established to ensure fair benefit-sharing. This will play a crucial role in achieving global biodiversity and climate goals, including the target to protect 30% of the ocean by 2030.Following two decades of discussions and negotiations, the Treaty text was finalised in March 2023. Sixty country ratifications were required for it to enter into force- a milestone that was reached on 19 September 2025. Today, 120 days later, the Treaty officially becomes international law, and its first Conference of Parties (CoP), the Treaty’s decision-making body, is set to meet within a year."The High Seas are full of life- from tiny plankton all the way up to the great whales that rely on them. We’re only just beginning to understand how important this vast, interconnected world is for the health of our entire planet. Whether it’s underwater mountains, deep-sea plains and trenches, the icy polar waters, or the open-ocean highways that migratory species travel, the High Seas are as vital as they are immense. With the High Seas Treaty now coming into force, we finally have the tools to safeguard this extraordinary part of our planet. Protecting it really does mean protecting our future," said Rebecca Hubbard, Director of the High Seas Alliance.Several legal obligations apply from today. While some of them are dependent on the set up of the Treaty’s institutions and mechanisms, there are some actionable examples from day one, including any planned activity under a Party’s control that could affect the High Seas or seabed must follow the Treaty’s environmental impact assessment processes, and governments need to publicly notify such activities. Parties must also promote the Treaty’s objectives when participating in other bodies such as those that govern shipping, fisheries and seabed mining.Ultimately the Treaty’s true power will depend on how it is collectively implemented and upheld in the years ahead. A broader membership will make it more impactful. With 82 (1) parties already on board, momentum is building and more countries are encouraged to join ahead of CoP1. Meanwhile, the Treaty’s institutional architecture- its bodies and decision-making processes- is currently being shaped through the UN Preparatory Commission, which must deliver strong proposals for adoption at CoP1 so the Treaty can start functioning as soon as possible. Countries are also encouraged to begin identifying important High Seas sites that require protection, so proposals can be brought forward at future CoPs. "At this halfway point of this critical decade, one of the world’s most ambitious ocean initiatives is entering a new era of systemic change in ocean governance. This reflects a renewed commitment to our ocean, its wildlife, the millions of people that rely on its health, and the global goals set for 2030. The High Seas Treaty shows us that meaningful progress is achieved through vision, perseverance and leadership. As we begin a new year, The Earthshot Prize is committed to backing this landmark Treaty and ensuring it moves beyond words to become a practical and enforceable safeguard for our remarkable blue planet," said Jason Knauf, CEO of The Earthshot Prize. (1) As of 14 January 2026, there are 82 ratifications of the BBNJ Agreement. More states may ratify in the coming days. Please check the most up-to-date number on the UN website.AIDA's quote"AIDA welcomes the entry into force of the High Seas Treaty, a landmark achievement for global ocean governance and protection. The Agreement enables progress toward the effective implementation of the principle of the common heritage of humankind and strengthens capacity building and technology transfer, key elements for ensuring equitable participation across all regions, particularly in Latin America. AIDA will continue to support the Treaty’s implementation and global engagement, for the benefit of the ocean and the communities that depend on it". – Gladys Martínez de Lemos, Executive Director of the Interamerican Association for Environmental Defense (AIDA).Notes to editorsSince its founding in 2011, the High Seas Alliance, with its 70+ non-governmental members, has been working towards protecting the 50% of the planet that is the High Seas; the global ocean beyond national jurisdiction. This area includes some of the most biologically important, least protected, and most critically threatened ecosystems in the world.The official status of signatures and ratifications can be found on the UN website and the High Seas Alliance’s ratification tracker. Note: The number shown on the High Seas Alliance tracker reflects only the ratifications that count toward entry into force and does not include the EU’s ratification and therefore differs from the UN’s total count. The High Seas Alliance (HSA) sometimes uses the term “High Seas Treaty“ as a short-hand for the BBNJ Agreement. HSA acknowledges that the scope of the BBNJ Agreement encompasses all Areas beyond national jurisdiction, including the seafloor and water column. This choice of wording is intended to ease understanding for broad audiences and does not convey a prioritization among the components or principles of the BBNJ Agreement.In November 2025 the High Seas Treaty was announced as the winner of the prestigious Earthshot Prize in the “Revive our Oceans” category, recognizing the decades-long efforts to put in place a groundbreaking legal framework to protect marine biodiversity in international waters. Media packThe following folder contains the following resources: High Seas Treaty Q&ABriefing Note: Legal Implications of the Impending Entry into Force of the BBNJ AgreementMPA factsheetPrepCom factsheetA cost-benefit analysis of the BBNJ Agreement in the CaribbeanRecording of the Media Briefing “A historic moment: High Seas Treaty’s entry into force” held on 13 January 2026. Video: Celebrating the Entry into Force of the High Seas Treaty
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