Landmark High Seas Treaty ratified, opening a new era for ocean governance

In a momentous international breakthrough, the High Seas Treaty has been formally ratified, with South Africa as one of the signatories. With this step, the country joins a growing global coalition that has cleared a crucial threshold for the treaty’s entry into force. 

The move ushers in a new era of legal protection for biodiversity in the vast ocean regions outside national jurisdiction.

Officially known by the cumbersome title of the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction, last week the treaty secured the 60 ratifications required to trigger its formal binding status. It will enter into force 120 days after this milestone, meaning it will become legally binding in early 2026.

A decisive moment 

The High Seas Treaty opened for signature in September 2023. As of this month, 145 countries plus the European Union have signed the agreement, signalling widespread intent to join. But it’s this month’s ratification – the deposit of the formal instrument of consent – that converts a pledge into a binding legal commitment.

On 19 September 2025, Morocco became the 60th country to ratify, triggering the countdown to entry into force. The expectation is that, barring unforeseen procedural hurdles, the treaty will formally become legally binding next year.

South Africa took the symbolic step in June 2025 when Minister of Forestry, Fisheries and the Environment Dion George signed the treaty during the third United Nations Oceans Conference held in Nice, France. That signing demonstrated the government’s commitment to join the new global ocean governance regime and invited legislative ratification.

By moving from signature to ratification, South Africa converts its promise into a binding obligation – making the country a full party to the treaty, with all the rights and duties that entails.

Why this matters

The High Seas Treaty fills a long-standing gap in the international architecture for ocean protection. Under prior frameworks, governance of areas beyond national jurisdiction – which constitute roughly two-thirds of the global ocean – remained fragmented, with limited mechanisms to coordinate marine conservation, regulate environmental impacts or ensure fair access to marine resources.

Key innovations introduced by the treaty include:

Marine protected areas in the high seas: Parties may designate new protected zones in areas beyond national reach, safeguarding critical ecosystems and biodiversity hotspots.

Environmental impact assessments (EIAs) for planned activities to evaluate and mitigate harm in areas beyond national jurisdiction.

A benefit-sharing regime for marine genetic resources: Because many of the genes and biological compounds in deep-sea organisms lie in areas beyond national control, this ensures access and sharing of benefits, especially for developing states.

Capacity building and technology transfer: The treaty specifically includes support for states with fewer resources to help them participate and comply.

Institutional machinery: A Conference of the Parties (CoP) will be convened, mechanisms set and rules developed to mobilise the treaty’s provisions.

Read more: Africa must capitalise on transformative High Seas Treaty for global ocean conservation

Because the high seas are a common resource – neither owned by any single country nor fully regulated – the treaty’s legally binding status is a major turning point. As Rebecca Hubbard of the High Seas Alliance put it: “This historic moment is the culmination of years of dedication and global diplomacy… the High Seas Treaty is a powerful testament to multilateralism.”

South Africa’s rationale: Ocean integrity, equity and diplomacy

For South Africa, ratification underscores both strategic interest and environmental responsibility. The country has a long coastline, dependency on marine ecosystems for food, climate regulation via carbon sequestration and cultural significance tied to the ocean. 

Safeguarding the health of adjacent and connected waters is in its own direct interest, and “blue commons” amplifies that position. 

In remarks accompanying the signing, Minister George emphasised that the new treaty builds on South Africa’s existing legal frameworks and commits the country to collaborative marine governance, global scientific cooperation and resource sharing. The government also called on all nations to expedite ratification, underscoring the urgency of entering into force. 

Read more: South Africa joins 134 nations in new push for High Seas protection treaty

With limited naval capability and semifunctional coastal patrols, however, it remains to be seen if the country can fulfil its obligations.

Opposition parties and civil society groups have largely welcomed the move. The DA expressed support for the minister’s signature and urged swift parliamentary approval, noting that the treaty aligns with UN Sustainable Development Goal 14 (Life Below Water).

In the broader African context, the treaty also affirms the continent’s role as more than a passive recipient of conservation initiatives. Commentators have observed that the ratification cements Africa’s long-standing aspiration for “ocean equity” and gives African voices a formal seat at the high seas governance table.

The road ahead

While ratification is a critical milestone, the real test lies in implementing the treaty’s mandates. For South Africa and other nations, this means:

Domestic harmonisation – Adapting national laws, regulations and institutional structures to align with treaty obligations, including environmental impact assessments, benefit-sharing processes and enforcement.

Capacity development – Building scientific, technical, monitoring, enforcement and legal competence to operate in often remote and technically complex ocean environments.

Participation in global governance – Engaging actively in the first Conference of the Parties, shaping rules, priorities and decisions on marine protected areas, technology transfer and shared genetic resources.

Regional collaboration – Working with neighbouring states, regional economic communities and African ocean governance bodies to ensure coherence across maritime zones and shared ecosystems.

Monitoring, compliance and enforcement – Ensuring that member states abide by obligations, that noncompliance is addressed and that illegal fishing, mining, pollution or other harmful activities are curbed.

Globally, other states will be preparing to implement the treaty. The first CoP is expected to convene within a year of its entering into force and preparatory work is already under way.

The international ocean conservation community is already mapping candidate high seas marine protected areas, identifying priority sites such as the Salas y Gómez, Nazca Ridge and Sargasso Sea, and designing procedural rules for EIAs, marine genetic resource sharing and capacity facility mechanisms.

As the president of the islands of Palau, Surangel Whipps, put it: “With 60 ratifications, the treaty will now enter into force – ushering in a new era of stewardship for the High Seas.” DM