Published on 17 March 2026 in Client Alerts

The entry into force of the High Seas Treaty

In September 2025, the High Seas Treaty – a multinational treaty on marine diversity on areas beyond national jurisdiction –received the 60 ratifications required for its entry into force, which occurred on 17 January 2026.

The High Seas Treaty creates a mechanism to establish area-based management tools, including the establishment of Marine Protected Areas on the High Seas.  It also creates provisions for sharing financial and non-financial benefits of materials obtained from the High Seas, including bacteria, deep sea sponges and corals, that have pharmaceutical and cosmetic applications.  Importantly, the Treaty introduces specific obligations that ensure the equitable sharing of benefits between developed and developing countries.  Knowledge sharing also has substantial emphasis, especially with low-income countries.  The Treaty additionally aims to create a standardised provisions for Environmental Impact Assessments.  These impact assessments are aimed at preventing significant hard to the marine ecosystem in the high seas, before the authorisation of activities like deep seabed mining.

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