By Sydney Grad

Edited by Anuva Sharma & Madeleine Whitestone

The UN High Seas Treaty marks a critical juncture in global ocean conservation. Oceans, encompassing nearly three-quarters of the Earth’s surface, play a vital role in sustaining and regulating life on our planet. Annually, oceans produce around half the oxygen we need, absorb approximately a quarter of annual carbon dioxide emissions, and hold considerable economic value through supporting industries such as food production, shipping, tourism, and more.

Countries exercise jurisdiction over their coastal waters and within exclusive economic zones that extend up to 200 nautical miles (370 km) from their coastlines. Within these zones, coastal nations hold exclusive rights and control over activities such as marine resource exploration, fishing, oil and gas extraction, and mineral resource utilization.

Significantly, two-thirds of the ocean falls outside national jurisdictions, in regions known as the high seas. The high seas are defined as ‘all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State”. Due to the lack of sole national responsibility and a fragmented international governance framework, the high seas are vulnerable to exploitation by states, businesses, and criminal entities. Overfishing, for instance, represents one of the pressing challenges faced within these waters.

The primary legal framework for ocean management has been the United Nations Convention on the Law of the Sea (UNCLOS), established in 1982 and that went into force in 1994. In addition to UNCLOS, there are multiple specialized agencies and international agreements that oversee different aspects of marine activities resulting in patchwork governance with a lack of cohesion and coordination. These include the International Maritime Organization (IMO) for shipping regulations, the International Seabed Authority (ISA) for activities related to the seabed in international waters, and regional fisheries management organizations for managing fish stocks, among others. This lack of cohesive oversight, especially for emerging activities like bioprospecting, called for a new international framework.

In response, the High Seas Treaty, adopted in June 2023, aims to revolutionize ocean protection. The ‘High Seas Treaty,’ formally known as the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction, has the potential to revolutionize ocean protection under international law.

The ‘High Seas Treaty’ provides the legal framework for countries to create marine protected areas and other area-based management in the high seas. This is not only crucial for conserving biodiversity but also for ensuring the long-term health and productivity of high seas ecosystems, which consequently sustain our planet’s delicate balance. Moreover, the ‘High Seas Treaty’ holds particular importance for fulfilling the 30×30 pledge that various countries at the UN biodiversity conference committed to in 2022. The 30×30 pledge aims to protect 30% of the world’s oceans by 2030. The Treaty is instrumental in realizing this commitment by providing a clear legal mechanism for nations to designate marine protected areas in the high seas, contributing significantly to global efforts to conserve biodiversity and meet this ambitious target.

In addition to its conservation objectives, the Treaty establishes a framework for the fair and equitable sharing of both monetary and non-monetary benefits derived from marine genetic resources. This recognition is vital as marine genetic resources can lead to valuable scientific discoveries and innovations, namely in fields like medicine and biotechnology. Ensuring that benefits are shared fairly helps prevent exploitation and encourages responsible research and development, benefiting humanity. Furthermore, the treaty outlines provisions for capacity building and the transfer of marine technologies to developing countries. This commitment is essential for fostering global cooperation and assisting developing nations in building their capacity for sustainable ocean management.

Looking ahead, the successful implementation of the ‘High Seas Treaty’ will necessitate robust monitoring and scientific data to ensure its effectiveness. It is crucial that access to scientific data and assessments remains transparent and unbiased. Moreover, to address the issue of the potential burden for monitoring, control, and surveillance on countries in the Global South - innovative approaches need to be explored such as harnessing big data and artificial intelligence (AI) for high seas protection. By leveraging these technologies, the world can enhance its ability to monitor and manage high seas ecosystems effectively. Additionally, it is essential to provide the necessary skills and capacity-building opportunities for countries worldwide so they can all actively participate in and contribute to the treaty’s goals. As we move forward, the combination of sound science, data-driven decision-making, and equitable global cooperation will be vital in realizing the full potential of the ‘High Seas Treaty’ and securing the sustainable future of our oceans.

Considering the urgency posed by the challenges facing our oceans, swift ratification of the ‘High Seas Treaty’ is of paramount importance. As of now, the treaty has garnered support from 84 signatories, but notably, Canada has yet to sign. The treaty remains open for signatures until September 20, 2025. Ratifying the treaty involves a formal commitment by UN member states to be bound by its provisions, effectively incorporating it into their national legal frameworks and international obligations. The treaty must be ratified by at least 60 UN member states before it can enter into force. The timely ratification and subsequent implementation of this treaty are critical in securing the long-term health and sustainability of the Earth’s marine ecosystems. This collective effort represents a turning point in global ocean protection and governance, and it underscores the global community’s commitment to safeguarding one of our most valuable and fragile resources for generations to come.

Sydney Grad is a double master’s degree student, currently pursuing a Master of Global Affairs at the University of Toronto’s Munk School of Global Affairs and Public Policy, following her completion of a Master of Public Administration at the London School of Economics last year. She’s passionate about the nexus of climate change, inequality, human migration, and technology and AI policy.