- A new United Nations treaty governing biodiversity in areas beyond national jurisdiction will enter into force on January 17th 2026, creating the first global framework to conserve life on the high seas.
- The agreement covers roughly 60% of the ocean and introduces mechanisms for marine protected areas, environmental impact assessments, benefit-sharing from marine genetic resources, and capacity building for poorer states.
- Long treated as a global commons with weak oversight, international waters have seen mounting pressure from overfishing, prospective seabed mining, and bioprospecting, with less than 1.5% currently protected.
- The treaty’s significance will depend less on its text than on whether governments use it to impose real limits on exploitation and translate shared commitments into enforceable action.
For most of modern history, the open ocean has been treated as a place apart. Beyond the 200-nautical-mile limits of national jurisdiction, it was governed by custom, fragmented rules, and the assumption that what lay far offshore was too vast to manage and too resilient to exhaust. That assumption has worn thin. On January 17th 2026, a new United Nations agreement—the Biodiversity Beyond National Jurisdiction accord, or BBNJ—will enter into force, creating the first global framework aimed explicitly at conserving life in the waters and seabed beyond national borders.
The scale of what it covers is hard to overstate. Areas beyond national jurisdiction account for roughly 60% of the ocean and more than 40% of the planet’s surface. They include deep trenches, seamount chains, midwater ecosystems, and the largely unseen communities that regulate nutrient cycles and store vast amounts of carbon. Less than 1.5% of this space is currently protected in any formal sense. Fishing, shipping, bioprospecting, and exploratory mining have expanded there faster than the rules governing them.
BBNJ is an attempt to close that gap. Finalized in 2023 after two decades of negotiation, the treaty passed the threshold for entry into force when Morocco became the 60th country to ratify it last September. More than 80 states are now full parties, according to the High Seas Ratification Tracker. The United States helped shape the text but has not ratified it.
The agreement rests on four pillars.
One establishes a process to create marine protected areas in international waters. Until now, no global mechanism existed to designate such areas, even when scientific evidence for protection was strong. The treaty sets out how proposals can be made, reviewed, and adopted by states acting collectively. It does not mandate a specific protection target, but it makes feasible the global pledge to conserve 30% of land and sea by 2030.
A second pillar addresses environmental impact assessments. States planning activities in areas beyond national jurisdiction—from new fishing methods to seabed mining—will be required to assess and disclose their likely impacts. A shared clearing-house system is meant to make those assessments visible and comparable, reducing the scope for harmful activities to proceed unnoticed.
The third and most politically sensitive element concerns marine genetic resources. Deep-sea microbes, corals, and sponges are increasingly valuable to pharmaceutical and biotechnology firms. Developing countries argued that benefits derived from these resources should be shared, since the high seas are legally a global commons. The treaty establishes a framework for benefit-sharing, though key details are deferred to future decisions by member states.
The final pillar focuses on capacity building and technology transfer. Many poorer countries lack the scientific infrastructure to monitor distant waters or participate fully in new governance systems. Without addressing that imbalance, the treaty’s reach would be narrow.
What BBNJ does not do is replace existing bodies. Regional fisheries management organizations and the International Seabed Authority will continue to regulate their respective sectors. How the new treaty’s conservation ambitions will mesh with those institutions remains unsettled, and disputes over authority are likely.
Implementation will now matter more than negotiation. A preparatory commission is working through the rules needed for the first conference of parties, due later in 2026. Funding mechanisms, institutional staffing, and procedures for proposing protected areas all remain to be finalized.
The agreement will not, by itself, reverse decades of damage. But it changes the legal landscape of the open ocean. For the first time, biodiversity in the global commons is not an afterthought. Whether governments are prepared to accept real constraints on activity in international waters will determine whether January 17th marks a turning point, or merely another promise made far from shore.
Header image: The Casper octopus. Photo credit: ROV SuBastian / Schmidt Ocean Institute.
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This story first appeared on Mongabay
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