Biodiversity is our strongest natural ally in fighting the climate crisis, with the ocean taking
a superhero role. While sustaining life on Earth, the ocean is a powerful climate regulator that has
absorbed more than 90% of excess heat from the atmosphere since the 1970’s, and 30% of carbon
dioxide emissions. Given the rapid decline in ocean health, a significant upgrade of global ocean
governance is critical to reverse the climate and biodiversity crises and address ocean and climate
justice.
High Seas Treaty: A new era of ocean governance In March 2023, following almost two decades of
discussions and negotiations, countries meeting at the United Nations (UN) reached a significant
milestone for ocean protection when they finalized the world’s first international legally binding
framework to specifically protect biodiversity in international waters, known as the High Seas.
Until now, this vast ocean area, which covers half the planet, has been poorly managed by a range
of regulatory bodies with fragmented mandates, limited coordination and effectiveness, and major
gaps in coverage.
The High Seas Treaty, formally called the Agreement under the United Nations Convention
on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of
Areas Beyond National Jurisdiction (BBNJ), seeks to fill these shortcomings by providing a more
coherent and holistic framework for protecting the ocean, as well as the equitable sharing of
benefits from its marine genetic resources. On 20 September 2023, the new Treaty formally opened for State signature at the UN headquarters in New York. Once countries have signed the Treaty, they then need to ratify it, once it has gone through their domestic legal processes. When the sixtieth country ratifies, it will trigger a countdown of 120 days after which the High Seas Treaty will enter into force and become international law.
What will the High Seas Treaty do?
Help deliver 30×30 – a key nature-based climate action tool.
Once it has entered into force, the High Seas Treaty will establish a legal framework and clear process for establishing networks of Marine Protected Areas (MPAs) in international waters. If effectively protected and well-managed, these areas will help realise the target to protect at least 30% of our ocean by 2030 (30×30), agreed by countries in December 2022 under the Kunming-Montreal Global Biodiversity Framework. Healthy and resilient marine ecosystems are better able to withstand the impacts of climate change, making MPAs one of the most efficient nature-based climate action tools, with multiple mitigation and adaptation benefits for species and ecosystems.
Prevent harmful activities Through its provisions on Environmental Impact Assessments (EIAs), the High Seas Treaty will give the international community more transparency and a greater say on decisions regarding human activities that are potentially harmful to ocean life, such as plans to capture and store large amounts of carbon in the deep sea, or to cultivate and subsequently sink large volumes of macroalgae in the ocean.
Address Equity and Ocean Justice issues
The climate crisis, coupled with biodiversity loss, pollution, ecosystem degradation and fisheries’
declines, has led to significant environmental injustices. These disproportionately impact coastal
populations that rely most heavily on a healthy ocean for food, livelihoods and well-being. The
ocean has no borders and, given its connectivity, what happens on the High Seas does not always
stay on the High Seas; it also affects coastal waters. This is why the new Treaty tries to address some of the inequalities between countries.
Deliver Ocean Climate Action
The Climate Ocean Dialogues under the UNFCCC spotlighted that striving for a healthy ocean is a key climate action. Integrating “blue climate solutions”, including the ratification and implementation of the High Seas Treaty into governments’ National Adaptation Plans will help drive further political will for ocean-based climate action. UNFCCC COP28 and the Global Stocktake are critical moments to boost ocean-climate ambition for the High Seas, and to chart a better course for our ocean, our climate and our future.
The #RaceForRatification of the High Seas Treaty is on!
