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High Seas Treaty Nears Enforcement: 49 Countries Ratify, 11 Short of Milestone at UNOC 3

  • Writer: TPP
    TPP
  • Jun 13
  • 4 min read
High Seas Treaty Nears Enforcement: 49 Countries Ratify, 11 Short of Milestone at UNOC 3
High Seas Treaty Nears Enforcement: 49 Countries Ratify, 11 Short of Milestone at UNOC 3

The third United Nations Ocean Conference (UNOC 3), co-hosted by France and Costa Rica from June 9–13, 2025, in Nice, France, has significantly advanced global ocean governance. The conference aimed to galvanize international commitment toward the Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ) Treaty, also known as the High Seas Treaty. Despite encouraging progress, the treaty remains 11 ratifications short of the required 60 needed to enter into legal force.


Understanding the High Seas Treaty (BBNJ)

The BBNJ Treaty, adopted on June 19, 2023, after over two decades of negotiations, addresses the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction—commonly referred to as the high seas. These are ocean areas located beyond 200 nautical miles from the Exclusive Economic Zones (EEZs) of coastal nations and cover more than two-thirds of the global ocean.


Currently, only 1.44% of these high seas are protected, even though they are home to some of the most diverse and fragile ecosystems. The treaty is a key mechanism to expand Marine Protected Areas (MPAs) and ensure long-term ecological balance in international waters.


Momentum Builds at UNOC 3

During the Special Treaty Event held on the opening day of UNOC 3, 18 countries — including Guinea-Bissau, Liberia, Ivory Coast, Solomon Islands, Tuvalu, Malta, Vietnam, Jamaica, Albania, Bahamas, Belgium, Croatia, Denmark, Fiji, Mauritania, Vanuatu, Greece, and Jordan — officially ratified the treaty, bringing the total number of ratifications to 49 as of June 10, 2025.


Additionally, 17 more nations expressed their intention to ratify, pushing the number of signatories to 134. A signatory is a country that has signed the treaty, indicating intent to comply, but which must still complete formal internal procedures — such as legislative approval — to ratify (legally approve) it.


Importance of Ratification: Path to the 30x30 Goal

The urgency of the treaty’s ratification stems from its role in achieving the 30x30 target — a global ambition to protect 30% of the world’s oceans by 2030. This goal is a cornerstone of the Kunming-Montreal Global Biodiversity Framework, adopted by 196 countries in 2022, aimed at halting and reversing biodiversity loss.


According to the World Database on Protected Areas (WDPA), only 8.6% of the ocean is currently protected, and just 2.7% is effectively protected — meaning actively managed to prevent harmful activities. The Ocean Protection Gap report, released ahead of UNOC 3, underscored the dire need for strong governance in areas beyond national jurisdiction.


Key Provisions: Environmental Governance and Resource Equity

Beyond marine protection, the treaty includes provisions for Environmental Impact Assessments (EIAs) — systematic evaluations of how proposed activities like deep-sea mining or carbon sequestration might affect marine ecosystems. EIAs will now become mandatory for such operations on the high seas.


Another critical and contentious aspect is the equitable sharing of Marine Genetic Resources (MGRs). These are biological materials from marine organisms — including plants, animals, and microbes — that are used in pharmaceuticals, biotechnology, and medicine. The treaty seeks to ensure fair benefit-sharing, especially with developing nations, though clear global mechanisms for this remain under negotiation.


India’s Position and Domestic Hurdles

Although India signed the treaty in September 2024, it is yet to ratify it. Speaking at the conference, Union Minister for Science and Technology Dr. Jitendra Singh confirmed that India is in the process of ratification. However, domestic legislative adjustments, particularly to the Biological Diversity Act, are pending and will likely be addressed during the Monsoon Session of Parliament (July 12–August 12, 2025).


India’s hesitancy partly stems from debates around the resource-sharing framework and other legal obligations. Yet, the country showcased its ocean ambitions at UNOC 3 by highlighting achievements such as the Samudrayaan mission — a manned submersible project aiming to reach 6,000 metres ocean depth by 2026 — and the launch of SAHAV, a digital portal for ocean data.


India also reaffirmed its support for a legally binding Global Plastics Treaty and emphasized over $80 billion in investments in its Blue Economy — a term referring to the sustainable use of ocean resources for economic growth, improved livelihoods, and ocean health.


Outlook: Final Stretch Toward Treaty Enforcement

Experts at UNOC 3 expressed optimism that the 60-ratification threshold will be reached soon, even if not during the conference itself. Ashleigh McGovern, Senior Vice President at Conservation International, noted that while the process can be slow due to domestic requirements (such as Congressional approval in the United States), momentum is clearly building.


Once the treaty enters into force, two major steps will follow. First, the Conference of the Parties (COP) will be convened to oversee implementation. Second, active measures will begin to identify, prioritize, and manage critical marine biodiversity zones in areas beyond national jurisdiction.


In preparation, the Preparatory Commission (PrepCom) met in New York from April 14 to 25, 2025, to begin drafting the necessary rules and operational mechanisms for enforcement.


As Razan Khalifa Al Mubarak, President of the International Union for Conservation of Nature (IUCN), emphasized:

“We need the BBNJ treaty to enter into force. Without governing the high seas, we will not be able to reach the 30x30 target.”

Key Terms Defined:

  • High Seas: Ocean areas beyond national jurisdiction, over 200 nautical miles from shorelines.

  • Marine Protected Areas (MPAs): Clearly defined geographical spaces managed to conserve marine life and habitats.

  • Marine Genetic Resources (MGRs): Biological materials from marine organisms used for scientific, medical, or industrial purposes.

  • Environmental Impact Assessments (EIAs): Studies evaluating the environmental consequences of planned activities.

  • Blue Economy: Sustainable use of ocean resources for economic development, livelihood, and ecosystem health.

  • Conference of the Parties (COP): The governing body responsible for implementing and monitoring international agreements.

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