High Seas Treaty, the world’s first pact for marine biodiversity protection, ratified

Morocco became the 60th nation to sign a key accord safeguarding marine biodiversity in the high seas on Friday, September 19, opening the path for the treaty to take effect next year.

The High Seas Treaty is the first legal framework to safeguard biodiversity in international waterways, which are beyond the jurisdiction of any single government. Overfishing, climate change, and deep-sea mining all pose dangers to international waters, which cover about two-thirds of the ocean and nearly half of the Earth's surface.

“The high seas are the world’s largest crime scene — they’re unmanaged, unenforced, and a regulatory legal structure is absolutely necessary,” Johan Bergenas, senior vice president of oceans at the World Wildlife Fund, told AP.

However, the pact's strength is questionable because some of the world's most powerful countries — the United States, China, Russia, and Japan — have yet to ratify. The United States and China have signed, signalling their intention to agree with the treaty's aims without introducing formal duties, while Japan and Russia have been involved in preparatory talks.

Ratification initiates a 120-day countdown for the treaty to take effect. However, much more effort is needed to determine how it will be implemented, financed, and enforced.

What the treaty proposes

The treaty establishes a legal mechanism for countries to construct marine protected areas in international waters, as well as limits for potentially harmful activities such as deep-sea mining and geoengineering plans. It also offers a framework for technology transfer, funding methods, and international scientific collaboration.

Crucially, decisions under the pact will be taken multilaterally through so-called conferences of parties, rather than by individual countries acting alone.

The nations will gather within one year of the treaty's entry into force to make choices about implementation, financing, and oversight, with vote rights reserved for nations that ratify before then.

Potential challenges

Some experts worry that the treaty's influence may be diminished if the most powerful entities on the high seas remain outside of it.

Further, the treaty does not establish a separate punitive enforcement authority. Instead, it relies heavily on individual countries to govern their own ships and corporations. 

Experts also warn that some nations may now use the treaty to delay or avoid conservation activities in their own waters.