High Seas Treaty: A Pivotal Moment for Ocean Governance in 2026

The High Seas Treaty, also known as the BBNJ Agreement, is set to come into force on January 17, 2026, marking a significant shift in the governance of the world's oceans. This treaty aims to address longstanding issues such as illegal fishing, human rights abuses, and ecological destruction in international waters, which comprise over two-thirds of the ocean and have historically been poorly regulated. Tiago Pitta e Cunha, CEO of the Oceano Azul Foundation, describes the treaty as a "civilisational step forward," emphasizing its potential to create marine protected areas and require environmental impact assessments.

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As the European Union prepares to implement the treaty, a draft directive has been proposed to ensure uniform application across member states. Vanya Vulperhorst, Campaign Director for Illegal Fishing and Transparency at Oceana Europe, believes the treaty will promote sustainable seafood consumption by establishing well-managed areas in the high seas. However, concerns about enforcement remain, as Pitta e Cunha points out that "international law has no international police." The effectiveness of marine protected areas (MPAs) is also questioned, with some being labeled as 'paper parks' due to ongoing industrial fishing activities.

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The debate surrounding deep-sea mining is expected to intensify in 2026, with 40 nations already opposing the practice. The European Commission advocates for a prohibition on deep-sea mining until scientific uncertainties are resolved. In contrast, U.S. President Donald Trump signed an executive order in April 2025 to accelerate seabed mineral resource development. This divergence raises legal questions, as the U.S. has not ratified the United Nations Convention on the Law of the Sea (UNCLOS), which governs these activities. Environmentalists argue that deep-sea mining poses significant risks to unexplored ecosystems and advocate for alternative resource recovery methods.

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The year 2026 will also feature significant international conferences focused on ocean governance, including the WRI's Our Ocean conference in Kenya on June 16, which will address climate change impacts on coastal communities. In Europe, the EU Ocean Pact aims to unify ocean policies and is expected to lead to an Ocean Act in 2027, which could outlaw harmful fishing practices and protect 30% of European waters. Additionally, new requirements in the EU Fisheries Control Regulation will enhance tracking and data sharing in the seafood supply chain.

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As 2026 approaches, the High Seas Treaty represents a critical opportunity to enhance ocean governance and conservation efforts. While optimism exists regarding the treaty's potential, challenges in enforcement and the contentious issue of deep-sea mining will require ongoing attention and collaboration among nations. The outcomes of upcoming conferences and legislative initiatives will be pivotal in shaping the future of the world's oceans.

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• “We are having a kind of civilisational step forward by protecting the biggest part of the planet,” — Tiago Pitta e Cunha, CEO of the Oceano Azul Foundation

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• “There is bottom trawling and unsustainable activity in the high seas,” — Vanya Vulperhorst, Campaign Director for Illegal Fishing and Transparency at Oceana Europe

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• “It's the ultimate irresponsibility of the human race,” — Tiago Pitta e Cunha on deep-sea mining

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• “It is important to be cautious until it can be demonstrated that no harmful effects arise from mining,” — European Commission source on deep-sea mining

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