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The coming into force of the High Seas Treaty under the UN Convention on the Law of the Sea is a landmark event in the efforts to protect the genetic diversity and ecology of vast zones of oceans and seas outside the territorial waters of nations. It is set to become international law in January 2026. UN treaties need ratification by at least 60 countries to become law, and Morocco became the 60th nation to do so last week. It is a hard-fought law developed over two decades, and environmentalists have described it as a conservation event that happens once in a generation. The treaty was finalised by UN members in 2023, and it will provide the legal framework for the sustainable use and conservation of marine resources. Though the seas constitute two-thirds of the world’s oceans, only less than 10% of them are legally protected now.
The treaty makes provisions for establishing marine protected areas, including rules for checking potentially harmful activities like deep-sea mining and geo-engineering schemes. It also creates a framework for technology-sharing, funding, and scientific collaboration for activities in the high seas. Decisions will be made multilaterally through Conferences of Parties, and not by individual countries. Countries will have to assess the impact of their activities in their own waters on the areas beyond their jurisdictions and share the information with others. It also stipulates that no mining shall occur in international waters until a UN body, the International Seabed Authority, agrees on how to monitor and regulate it. It is the responsibility of all nations to protect the high seas from pollution, and to ensure that they are not exploited for narrow gains by individual countries against the common interests of all others. It also provides for sharing sea resources and scientific knowledge gained from exploration among member countries.
The treaty does not have a punitive enforcement mechanism but relies on individual countries to regulate their own activities and those of their agencies and companies. India has signed the agreement but not yet ratified it. The government has said that the ratification will be done after the enabling legislation is passed by Parliament. The United States had signed the agreement under the Joe Biden administration, but the Donald Trump administration has distanced itself from it. Among the G7 countries, only France has ratified it. It is important that all major countries, which have long coastlines and are engaged in activities in the seas, ratify the treaty and ensure that the seas, as a global commons, serve the best interests of all humanity. The fight against climate change is also crucially linked with the state of the oceans.