January 16, 2026 already marks a milestone in the environmental protection calendar. After almost twenty years of negotiations, the Agreement on Biodiversity Beyond National Jurisdiction – known as the UN treaty on marine biodiversity – aims to transform the high seas into a managed space for the benefit of all humanity and marks an important step forward in efforts to ensure the health of ocean ecosystems for decades to come.
This legally binding United Nations Treaty covers ocean areas outside national waters (high seas) and the international seabed area. These regions make up more than two-thirds of the ocean surface and represent more than 90% of Earth’s habitat in terms of volume. Abyssal depths, unknown ecosystems and unique biodiversity will now be under the protection of international governance, seeking to put a stop to the crisis caused by climate change, the loss of biodiversity and pollution.
To date, more than 80 countries have ratified the agreement, incorporating it into their national legislation. Among them, powers such as China, Germany, Japan, France, Brazil and Spain stand out, which have taken the decisive step to protect the oceans. China’s influence is especially relevant due to its weight in maritime industries and the export of ocean goods.
However, key economies such as the United States, India, the United Kingdom and Russia have not yet ratified the treaty. The United States adopted it in 2023, but ratification by the Senate is still pending. India and the United Kingdom are advancing their legislative processes, while Russia is reluctant, citing the need to maintain existing governance frameworks and freedom of navigation.
Inclusive governance
The treaty not only provides environmental protection, but also promotes inclusive governance, incorporating the participation of indigenous peoples and local communities, as well as gender equality. This approach seeks to ensure that marine resource management benefits everyone, especially developing countries and small island states that require support to protect their waters.
As Tanzanian diplomat Mzee Ali Haji explains, the agreement represents a great advance: “There is now control over activity on the high seas. For example, when you pollute, you are responsible for your own actions.” The text reinforces the United Nations Convention on the Law of the Sea, covering its gaps and aligning marine protection with the challenges of the 21st century and the 2030 Agenda.
Entry into force implies that the treaty is legally binding for the countries that have ratified it. That is, they undertake to comply with its content and adapt their legislation to protect marine biodiversity. The first meeting to oversee implementation is planned for before January 2027, with more countries expected to join over time.
“Protecting the high seas is everyone’s responsibility,” concludes Haji. The door remains open for new accessions, and the key to success lies in the effective implementation and monitoring of the rules. The future of the oceans depends on collective will and coordinated action to preserve the biodiversity that gives life to our planet.