El Global Ocean TreatyThe treaty, also known as the High Seas Treaty or BBNJ (Biodiversity Beyond National Jurisdiction), will significantly strengthen the protection of the high seas starting January 17, the date on which it officially enters into force. After nearly two decades of negotiations, the text has garnered the signatures of 145 countries and the ratification of 81 States, the minimum necessary to get started.
Although most of the international community has aligned itself with this new framework, The United States has still not ratified it Despite having signed it under the Biden administration, this absence contrasts sharply with the support shown by the European Union and the position of countries like Spain, which have championed the agreement in a context where, according to numerous NGOs, the climate and ocean agenda has been hampered by decisions such as those made during Donald Trump's presidency.
A key treaty for the 2030 Agenda and marine biodiversity
The new legal framework is based on the United Nations Convention on the Law of the SeaBut it goes a step further by strengthening the rules for conserving and sustainably using marine biodiversity in waters outside national jurisdictionsIn practice, it opens the door to closer cooperation between countries and other actors to regulate a space that until now has been poorly regulated.
This regulatory reinforcement is considered fundamental to achieving the goals of the 2030 Agenda and the Kunming-Montreal Global Biodiversity Framework. Both international instruments include goals such as protecting at least 30% of the seas and oceans by 2030, an ambitious goal that, according to environmental organizations, will only be possible with specific tools for the high seas.
One of the cornerstones of the treaty is its commitment to a fair sharing of benefits arising from marine genetic resourcesThese resources are increasingly valued for research, pharmacology, and biotechnology. The idea is that the advances and economic benefits associated with them should not be concentrated in a few countries or companies, but rather shared "for the benefit of all humanity."
Furthermore, the text includes the creation of marine protected areas on the high seas To safeguard essential habitats, vulnerable species, and seabed ecosystems, these areas must be accompanied by management and control mechanisms, as well as impact assessments for economic activities such as industrial fishing, maritime transport, and potential deep-sea mining.
The agreement also incorporates the obligation to consider how these activities affect the climate change, ocean acidification, and other cumulative impactsThe aim is to establish an international framework that allows for the prior assessment of potential damages and the setting of limits or conditions for operations on the high seas.
Cooperation, financing and technology for developing countries
Another pillar of the treaty is its commitment to the international cooperation and marine technology transferThe text acknowledges that many developing countries lack the technical and economic means to control the high seas or to implement the conservation measures that will be required.
Therefore, it is expected to support these nations with scientific, educational and technological capabilitiesas well as a specific financial system to fund the implementation of the agreement. This aims to prevent the treaty from remaining merely on paper due to a lack of resources and to ensure that all member states can fulfill their commitments.
Among the planned tools is a dispute resolution mechanism between countries, something crucial in an area where fishing, commercial, energy, and scientific interests converge. This mechanism seeks to prevent protracted conflicts and offer a means of arbitration when disagreements arise regarding the application of rules on the high seas.
The origin of BBNJ dates back to 2004, when the first discussions began on how to address the regulatory vacuum on the high seas. However, the decisive push has been concentrated in the last two years, coinciding with a period in which, according to NGOs, climate and ocean negotiations have been postponed or stalled by some key governments.
In this context, the fact that the necessary threshold of ratifications has been reached is interpreted as a a sign that multilateralism is still working In environmental matters, despite geopolitical tensions and the withdrawal of certain countries from international forums related to climate, water or oceans.
The high seas, an essential element for climate and food
Organizations like the International Union for Conservation of Nature (IUCN)The High Seas Alliance and Greenpeace have been pressing for an agreement of this kind for years. Their representatives agree that protecting the high seas is essential not only for marine species, but also for human life as we know it.
Dr. Heidi Weiskel, Senior Manager of the IUCN Oceans ProgrammeRemember that the high seas provide a large part of the fishing resources and marine products on which our food depends, while also helping to regulate the climate on a planetary scaleIn his opinion, society is beginning to understand that if this space continues to be degraded, human well-being will be at risk.
Weiskel emphasizes that, unlike the climate crisis, whose global effects can be more difficult to visualize, the Actions on the oceans generate tangible results and relatively fast: fisheries closures, creation of protected areas or reduction of underwater noise can translate into appreciable improvements in the health of ecosystems.
The expert is confident that, if the treaty is implemented ambitiously and the [unclear] is brought under control, [unclear] will be able to [unclear] the ... more intense pressures on certain species and habitatsWe could begin to see signs of recovery in some high-seas ecosystems sooner than is commonly thought. It points out that some marine communities respond quickly when overfishing, noise, or other environmental problems are reduced. direct contamination.
At the same time, the text opens the door to measures such as Reduction of ship speed and noise in migration corridorsThis could alleviate the stress on cetaceans and other species that depend on long ocean migrations. According to various NGOs, the implementation of these provisions should also help reduce illegal practices on the high seas, from unreported fishing to other insufficiently controlled activities.
A multilateralism that allows decisions to be made by qualified majority
One of the organizations that has most promoted BBNJ is the High Seas Alliancea coalition of entities in which the IUCN itself participates. According to its Strategy Advisor and Coordinator for the European Union, Nathalie ReyThe birth of the treaty is a clear example that, even in complicated times, countries can come together to advance ambitious environmental protection standards.
Rey especially highlights the component of equity, justice and benefit sharing The text, which has been crucial in garnering support from states with very different capabilities and needs, outlines the key principles. The treaty not only aims to conserve biodiversity but also seeks to ensure that the resources and opportunities associated with the high seas are distributed more equitably.
Looking ahead to future ocean governance, one of the most striking elements of the agreement is the decision-making system in the Conference of the Parties (COP) of the BBNJAlthough consensus will remain the preferred approach, when this cannot be achieved, certain measures can be approved by a three-quarters majority, preventing a small group of countries from indefinitely blocking important decisions.
This mechanism will be applied, for example, to the establishment of area-based management tools, such as protected areas on the high seas, and other technical decisions necessary for the implementation of the treaty. According to the High Seas Alliance, this formula seeks to balance the need to move forward with the desire to maintain the legitimacy of the decisions adopted.
Although there are still some Many logistical and organizational details still need to be defined In anticipation of the first COP, scheduled for approximately one year from now, numerous governments, research centers and organizations are already preparing proposals for areas to be protected and management measures to present at that international forum.
Spain, a pioneer in the EU and destined to lead in new protected areas
At the European level, Spain has played a particularly active roleIt was the first country in the European Union to ratify the Global Oceans Treaty, a gesture that was formalized on February 4 in an event where the Minister for Ecological Transition and representatives of NGOs such as Greenpeace shared the stage.
To Ana Pascual, head of the Oceans campaign at GreenpeaceThis is a "fundamental agreement" that, nevertheless, comes later than desired given the urgency of the ocean crisis. In his view, the fact that the BBNJ has gone ahead is explained by the fact that it is "absolutely necessary" and because there is a growing awareness that Without healthy oceans, human life is seriously compromised.
The treaty is the tool designed to make the commitment possible. Protect at least 30% of seas and oceans by 2030This objective requires designating marine protected areas each year that, combined, will cover more than twelve million square kilometers. To put this into perspective, it would be like adding an area similar to the size of Canada to the network of marine protected areas annually.
In the specific case of Spain and its surrounding area, Greenpeace and other organizations have identified priority areas in the Northeast AtlanticAmong them is an area located off the west coast of Africa, where the Canary and Guinea currents converge, considered to have high ecological value and highly exposed to human pressures.
NGOs are demanding that the Spanish government lead or at least actively support protection from this region and other areas proposed under the treaty. The more countries that join and support these designations, they point out, the faster the process will be and the closer they will be to achieving the so-called 30x30 target within the established timeframe.
Expectations, timelines, and potential short-term effects
Although experience with other international environmental agreements indicates that Big goals usually take decades to achieveIn the case of the BBNJ, various experts suggest that there could be visible improvements in relatively short periods if firm measures are applied from the beginning.
Dr. Weiskel points out that there are marine species and communities that exhibit a surprisingly rapid recovery when direct pressures are reducedsuch as overfishing, habitat destruction, and intense and continuous noise. However, he acknowledges that it is "very optimistic" to expect results in just a couple of years, since many ecological processes require more time.
Environmental organizations also believe the new framework will contribute to reduce illegal activities on the high seasThanks to clearer rules, improved control systems, and shared obligations among states, a sea with less poaching, less pollution, and less industrial noise would be a much more favorable scenario for biodiversity.
At the same time, the entry into force of the treaty coincides with a moment in which, according to various NGOs, The global climate agenda has suffered setbacks or blockages by some governments. The BBNJ is therefore interpreted as a positive counterweight: a sign that, despite resistance, it is possible to strengthen the protection of the planet through robust multilateral agreements.
The text incorporates a set of financial, technical cooperation, and conflict resolution instruments designed to facilitate its practical application. The intention is for the BBNJ to coordinate with other global frameworks, such as the 2030 Agenda and the Kunming-Montreal Framework, to Align ocean protection with sustainable development goals and with the goals of biodiversity conservation.
With all this legal and political framework, the Global Ocean Treaty begins its journey with a mixture of caution and hope: the caution of knowing that its achievements will not be immediate and the hope that, if countries take it seriously and translate words into concrete actions, The high seas can go from being a space with almost no rules to a key pillar of the planet's food, climate, and ecological security.
