The opening weeks of 2026 are already redefining what is possible for ocean protection. On 17 January, the High Seas Treaty entered into force, ending an era in which nearly half of the planet’s surface lay beyond meaningful collective governance. The shared ocean beyond national jurisdiction is home to some of the planet’s most important and least understood ecosystems. From immense oceanic ridges to deep sea corals and undiscovered species, high seas biodiversity is silently maintaining the balance of our planet. But until now, the high seas were a regulatory wild west and largely beyond the reach of meaningful environmental protection.
Entry into force changes that reality. For the first time, the global community has a legal framework to protect biodiversity in these waters. In doing so, it turns long-standing ambition into legal possibility and sets the course for what comes next. But we can’t stop here – the hard work begins now.
A long road to collective responsibility
This moment has been decades in the making. The Treaty is the culmination of decades of advocacy from scientists, NGOs, conservationists and Indigenous groups, as well as over eight years of formal negotiations by governments. In a 2017 vote, the UN General Assembly agreed to launch a process to consider establishing a legally binding instrument for the conservation and protection of biodiversity in the high seas.
The Treaty was formally adopted in September 2023 and two years later, this past September, the 60th ratification triggered its entry into force 120 days later.
By Treaty standards, reaching the threshold of ratification for entry into force in two years is a major achievement. It’s a powerful example of multilateral cooperation to address a global environmental crisis. In the current geopolitical context, it demonstrates that multilateralism can still deliver when there is clarity of purpose and sustained political will.
But entry into force is not the finish line, it is the foundation on which effective protection must now be built.
From a legal framework to real protection
With the Treaty in effect, countries have a mechanism to designate marine protected areas (MPAs) in the ocean beyond national borders, as well as prioritise capacity building and ensure fair benefit-sharing for less developed countries in the Global South. These tools are essential, but they will only succeed if they are used well.
Experience shows that protection on paper does not translate into protection in practice. Without strong governance, adequate financing and effective management, protected areas risk becoming “paper parks” – designated in name, but failing to deliver real ecological or social outcomes. We also know that MPAs that allow destructive fishing and other extractive practices inside their boundaries do not produce the climate, biodiversity, or economic benefits that can be expected from MPAs that restrict such damaging activities.
Avoiding these ineffective governance outcomes must be a central priority as the Treaty moves from legal text to lived reality.
Encouragingly, momentum is already building to secure protection for high priority sites. Proposals are emerging for areas such as the Salas y Gómez and Nazca Ridges in the Eastern Tropical Pacific Pacific, with their underwater mountains alive with coral, and the Gulf of Guinea in the Eastern Atlantic, with its equally rich and productive biodiversity.
Progress to develop the first generation of high seas MPAs is being supported by the BBNJ First Movers, a coalition of champion countries ready to move from agreement to action.
A vital year for delivery
The first Conference of the Parties (COP1) for the Treaty will take place within the next year – bringing governments together to agree the operating rules and set the agenda for taking action. But first, there is much housekeeping to be done. Proposals must be drafted and the list of participating countries will be finalised. All nations have a stake in the high seas but only those who have ratified the Treaty will participate in COP1 and take part in decision-making – it is for this reason that we must encourage universal ratification.
This urgency sits within the wider context of a global environmental goal. Under the United Nation’s Kunming-Montreal Biodiversity Framework, governments committed to protect at least 30% of the ocean by 2030. Yet today, only 9.9% of the ocean is designated as protected, and only 3.2% is effectively protected.
The gap between ambition and action remains stark, and with just 1.5% of the high seas protected, the Treaty is essential to closing it.
From landlocked capitals to island and coastal communities, reaching the 30×30 target matters for everyone. Protecting the ocean is not a niche environmental issue; it is about securing climate, food and economic stability for generations to come.
The science is clear that well-designed, well-managed and connected MPAs can deliver real benefits for biodiversity and economies. An inclusive, rights-based approach is vital for success. The design and implementation of MPAs must recognise the traditional stewardship, knowledge and leadership of Indigenous Peoples and of local communities, ensuring equity is not sidelined in the race to meet global targets.
Setting the course for the years ahead
2026 will be the first full year in which the High Seas Treaty exists as a living agreement. The decisions and progress made this year about participation, governance, financing and MPAs, will shape ocean governance for decades to come. This is a formative moment, where robust and equitable norms must be set.
An important milestone will be the Our Ocean Conference this June, hosted by the Government of Kenya and the first of its kind to be held in Africa. African nations played an important role in the Treaty’s entry into force: of the 142 signatories, a quarter were African nations, while seventeen African countries helped drive the Treaty over the ratification threshold.
With an enormous, varied coastline and rich marine ecosystems of corals, mangroves and seagrass, Africa is well placed to champion an ambitious and equitable vision for ocean protection.
Later in the year, global biodiversity (COP17) and climate (COP31) negotiations will follow. These moments must not exist in isolation. Delivering on 30×30 for the ocean and addressing climate breakdown are inseparable challenges, and they demand joined-up action.
This year marks a huge step forward. Whether this new dawn brings lasting change will depend on what happens next. It’s time to turn the words in our agreements into strong action for the ocean, and for all of us.
About the author: Jonathan Kelsey is director of the Bloomberg Ocean Fund, a Bloomberg Ocean Initiative partner. He also oversees the Joint 30×30 Funding Initiative regranting fund to invest in ambitious new efforts that result in effective and equitable paths towards the global target to protect 30% of the ocean by 2030. Prior to his current role, Jonathan spent over 20 years in the U.S. Government as a diplomat and policymaker advancing ocean conservation initiatives both in the United States and internationally.
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