The world’s first legally binding agreement to protect marine life in international waters has taken effect, marking a historic moment for ocean conservation after nearly two decades of negotiations.

The High Seas Treaty or Biodiversity Beyond National Jurisdictions (BBNJ) Agreement, will govern about two-thirds of the planet’s oceans including vast areas beyond any country’s borders.

The treaty entered into force 120 days after it reached the threshold of ratification by 60 countries in September. 

As of January, 83 countries had ratified it, including the recent addition of major maritime powers such as China and Japan on December 16.

The high seas face mounting threats from destructive fishing practices, shipping, plastic pollution, overfishing and potential deep sea mining, all compounded by climate change.

Currently, only about 1 per cent of these international waters are protected.

Eliza Northrop, director of the UNSW Centre for Sustainable Development Reform, said that for the first time, the treaty provided legally binding measures to help manage and protect areas beyond national jurisdictions.

“I think it really shows that countries do want to cooperate, they do see the value of working together in this area,” she told the ABC.

Ms Northrop said the high seas were like the “wild west” because no single country had ownership or responsibility over them.

She said the ocean was the planet’s largest ecosystem and was critical for migratory mammals and fish, and a source of genetic resources used in developing pharmaceuticals.

The ocean also absorbs carbon dioxide and produces oxygen, making its health critical for addressing the climate crisis.

Immediate obligations for countries

From now on, ratifying countries must begin working together on ocean science and technology and help developing nations build capacity to participate in ocean governance. 

Companies planning activities that could harm marine life must also conduct environmental impact assessments that meet the treaty’s standards. 

Those conducting research on ocean organisms that could be used commercially, such as for new medicines, must notify other countries and share their findings.

Countries must now also promote the treaty’s conservation goals when they participate in other international bodies that regulate ocean activities, such as regional fisheries organisations, the International Maritime Organization and the International Seabed Authority.

While key institutions like the treaty’s secretariat and scientific body are still being developed, countries can begin preparing proposals for Marine Protected Areas immediately. 

Potential sites include the Emperor Seamounts in the North Pacific, the Sargasso Sea in the Atlantic, and the Salas y Gómez and Nazca Ridges off South America.

But how those protected areas will actually be monitored and enforced is undecided and will pose a challenge.

Rebecca Hubbard, director of the High Seas Alliance told the Associated Press that countries were exploring various options, like satellite technology, coordinating patrols between multiple nations, and using other UN agencies to help with oversight.

Within a year, the treaty’s first Conference of Parties (COP) will meet to decide key operational details, from budgets to the makeup of various committees.

Countries have been working through many of those questions at preparatory meetings, with a final session scheduled for late March. 

The earliest any Marine Protected Areas could actually win approval would be at the second COP, since the scientific body that will review proposals is not yet established.

Keeping the momentum

One hundred and forty-five countries have signed the treaty and advocates emphasise that broad support must now turn into rapid implementation.

Kirabati was the the most recent Pacific nation to ratify it on December 9 following its regional neighbours like Fiji, Palau, Tuvalu, and the Solomon Islands.

But countries like Australia, New Zealand, the United States, and the United Kingdom remain as signatories and have yet to ratify it.

This means they can participate as an observer but will not have voting rights.

Under international law, signatory countries are expected to comply with treaty objectives even before ratification.

Signatories are also obligated to “refrain, in good faith” from acting against the purpose of the treaty, according to the High Seas Alliance.

Ms Hubbard told AP that while it was “disappointing” the US had yet to ratify the agreement, it did not undermine the momentum because the rest of the world showed “broad and strong political support” for it.

Ms Northorp from UNSW said the success and effectiveness of such agreements relied on the vast majority of countries becoming a party to it, like the Paris Agreement to address climate change.

“It’s important we don’t stop at this early juncture now that there’s enough parties for this treaty to enter into force,” she said.

- Agencies