A new international treaty governing the vast ocean areas beyond national borders took effect globally this Friday. The agreement, known as the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement or High Seas Treaty, creates the first legally binding framework for protecting marine life in international waters. Its implementation follows a 120-day period after the critical threshold of 60 national ratifications was met last September.
This landmark pact specifically regulates conservation and sustainable use in ocean zones located more than 200 nautical miles from any shore. Prior to its existence, less than one percent of the High Seas had any form of legal protection. The treaty now enables the creation of marine protected areas in these global commons and mandates environmental impact assessments for human activities.
“The entry into force of the BBNJ Agreement marks a before and after in ocean governance. For the first time, the international community has clear and mandatory tools to protect biodiversity in most of the ocean, an ecosystem essential for life on the planet and for climate regulation,” said MarViva Foundation Director Katherine Arroyo Arce. [Translated from Spanish]
From Central America, both Costa Rica and Panama are among the nations that ratified the accord. Panama completed its ratification process on October 23, 2024, becoming the first Central American country to do so. Costa Rica formalized its ratification in May 2025. Both nations participated in the lengthy negotiations as part of a regional Latin American group.
Regional Implications and Global Framework
The treaty’s rules will directly impact how nations manage activities like fishing, shipping, and potential deep-sea mining on the high seas. It establishes mechanisms to address overfishing, illegal fishing, pollution, and underwater noise. These waters cover nearly three-quarters of the planet’s ocean surface and host key processes for climate regulation and carbon absorption.
For a country like Panama, with its significant maritime interests and rich coastal biodiversity, the treaty carries particular weight. Panama’s own Coiba National Park, a UNESCO World Heritage site, is home to over 800 marine species. Its ecosystems are connected to the broader oceanic regions the treaty now aims to safeguard.
Colombia, which shares maritime borders with Panama, has signed the agreement and is advancing its internal ratification process to make the treaty binding under its jurisdiction. The collective action by these nations underscores a regional commitment to ocean health.
“This treaty not only protects ecosystems, but also promotes greater equity, international cooperation and shared responsibility for human activities impacting the high seas. It also opens a historic opportunity to advance protection of the Thermal Dome, one of the most biologically productive areas of the Pacific,” added Arroyo Arce. [Translated from Spanish]
With the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement now active, signatory countries face immediate next steps. They must align their national laws and public policies with the new standards. Governments are also tasked with ensuring activities under their jurisdiction or control comply with the international benchmarks and strengthening technical capacities for implementation.
This legal instrument is widely viewed as crucial for future ocean governance and international cooperation. It represents a shift toward shared responsibility for the global commons, a concept that has often been challenging to enact. The treaty’s success will depend on consistent enforcement and ongoing collaboration between nations, including those in the core Latin American region that helped shape it.