Photo by Jakob Owens

The High Seas Treaty officially entered into force on 17 January 2026, marking a historic milestone for global ocean protection. However, the UK remains excluded from decision-making as Parliament has yet to ratify the landmark agreement despite being one of the first countries to sign it in 2023.

The treaty, formally known as the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction, establishes for the first time a legal framework to protect biodiversity in international waters and ensure the benefits of their resources are shared fairly among nations.

Two decades in the making

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 when Morocco became the 60th country to ratify.

As of 14 January 2026, there are 82 ratifications of the treaty. The agreement has so far been ratified by 81 parties, including the EU and 16 of its member states, and signed by 145 countries.

The treaty covers the ocean zones that lie beyond national waters and the international seabed area. These regions make up over two-thirds of the ocean’s surface, representing over 90% of Earth’s habitat by volume.

UK absent from first Conference of Parties?

The UK was one of the first countries to sign the agreement in 2023, but has not currently ratified the treaty. A bill is currently going through Parliament that, once passed, will allow the UK to ratify.

Countries that have ratified the treaty are now legally bound to it and are also the only countries that will have a say at the treaty summit later this year. Countries that have signed but not yet ratified the treaty are not currently legally required to fulfil its requirements.

The first Conference of Parties, the treaty’s decision-making body, is set to meet within a year. This is where decisions will be made on rules of procedure, the establishment of the treaty’s permanent bodies, and key priorities.

Countries that don’t ratify or accede will miss out on voting at the first Conference of Parties, holding seats on key committees, or influencing the treaty’s implementation. They could also lose access to scientific, economic and capacity-building benefits linked to the high seas.

UK ratification process

The UK Government announced in June 2025 that it would introduce a bill by the end of the year to enable ratification of the BBNJ Agreement. Marine Minister Emma Hardy stated: “Our oceans are dying. Without urgent action, they will be irreversibly destroyed. That is why the UK will introduce legislation by the end of the year in order to enable ratification of the High Seas Treaty, a landmark in protecting marine life around the globe.”

Legislation creating a domestic law framework for the UK to meet the treaty’s obligations has been introduced to Parliament. However, this bill will need to pass through Parliament, which could be a lengthy process given industry concerns around the implementation of the access and benefits sharing mechanisms in the treaty.

UN News reports that whilst the UK did introduce legislation in 2025, Parliament is still to ratify it. India similarly adopted the treaty in 2024 but domestic legislation on ratification is still pending.

Treaty provisions and implementation

The High Seas Treaty is designed to create marine protected areas in international waters, require rigorous environmental impact assessments before activities take place, share scientific knowledge and marine technology more fairly, and guarantee funding and capacity building for developing countries.

The agreement provides a framework for the common governance of about half of the planet’s surface and 95% of the ocean’s volume, representing the largest habitat on our planet.

Matt Collis, Senior Director of Policy at IFAW, said: “This is a breakthrough moment for the ocean, marine wildlife, and the billions of people who depend on them. For ocean giants like whales, sharks, and turtles that have roamed these waters for millions of years, it marks the start of a new era in global ocean conservation.”

Preparatory work underway

The BBNJ Preparatory Commission has been working to shape treaty operations and prepare for the first Conference of Parties. Two preparatory meetings were held in April and August 2025 at UN Headquarters in New York. The final meeting will be held in the same place from 23 March to 2 April 2026.

These meetings give governments and negotiators an opportunity to develop recommendations that will shape critical elements of the treaty, including forming governing structures, outlining the roles and responsibilities of institutions, creating tools and mechanisms to ensure equitable implementation, and establishing systems to ensure funding and technical knowledge is distributed so all member states can fully participate.

Universal ratification crucial

Rebecca Hubbard, director of the High Seas Alliance, stated: “This historic moment is the culmination of years of dedication and global diplomacy by governments and stakeholders. But achieving 60 ratifications is not the finish line – it’s just the starting block.”

Reaching 60 ratifications triggers entry into force, but broad membership ensures global buy-in and legitimacy, with decisions more accepted when everyone is at the table. The UN Climate Convention has 198 parties, the Convention on Biological Diversity has 196, and the Law of the Sea Convention has 170.

“Several major players, such as Germany, the UK and India, are progressing their national ratification processes,” according to the High Seas Alliance. “We expect ratifications to continue to increase ahead of the first COP.”

The EU and its member states have led the political process and the negotiations of this agreement, whose conclusion and adoption in 2023 was a major success of multilateralism and a historic achievement in international law and ocean governance.