High Seas, High Stakes: Why the High Seas Treaty Matters

Samudra Conservation
2 days ago
4 min read

By Sarah Drego, Samudra Conservation

Every year, as Republic Day approaches, we are reminded of the day the Indian Constitution came into force — the rulebook that governs our nation.

Built on the values of justice, liberty, equality, and fraternity, it safeguards the rights of citizens and guides India as a democratic republic.

But, what about the ocean that sustains this republic?

Far beyond India’s shores (200 nautical miles far, to be exact) lie the high seas - a vast expanse of ocean covering nearly half the planet which sustains everyone, yet is protected by no one.

Realizing the immediate need to protect these waters, the High Seas Treaty was adopted on June 19, 2023 - a milestone UN treaty providing a legal framework to better conserve marine biodiversity and promote sustainable use of ocean resources.

And as of January 17, 2026 - The High Seas Treaty has officially entered into force.

This Republic Day, as the world moves forward with the High Seas Treaty, it’s high time to ask:

What does this treaty mean for us?

And why should we care?

WHY DO THE HIGH SEAS MATTER

The High Seas begin beyond a country’s EEZ (Exclusive Economic Zone) - where the country has exclusive control and rights to explore, utilize, manage and conserve its marine resources.

The High Seas cover nearly two-thirds of the Earth’s oceans and are home to a plethora of marine wealth which governs our life on land - from climate to livelihoods and economy.

But who calls the shots in this fundamental zone? No one.

High Seas Governance MAp — High Sea Governance Map

A number of governing bodies have the authority to manage human activity and resources. But with different mandates, overlaps in jurisdiction and varying degrees of transparency between bodies - exploitation has moved faster than protection.

Authorities with a conservation mandate in the high seas — Authorities with a Conservation Mandate in the High Seas

Only the organizations shown in Map 3B have a mandate that focuses primarily on conserving the marine environment.

Thus, whilst parts of the high seas are governed, very little of it is effectively protected.

This drastically widening gap between what-is-governed and what-is-protected is exactly where the High Seas Treaty comes in.

THE HIGH SEAS TREATY

The High Seas Treaty formally known as Agreement on Biodiversity Beyond National Jurisdiction (BBNJ) is a legal agreement under the UN Convention on the Law of the Sea (UNCLOS).

On achieving ratification by 60 countries on September 19, 2025 it officially became effective on January 17, 2026.

This treaty has been designed to answer one fundamental question:

How can we govern what belongs to everyone, without letting it be destroyed by anyone?

It begins by introducing four major pillars of ocean governance:

The High Seas Treaty essentially shifts this area from a ‘free-for-all’ zone to now, a shared responsibility.

WHY SHOULD WE CARE

The High Seas Treaty may begin beyond India’s borders, but its consequences are felt where the sea meets the shore - in fish markets, coastal homes and everyday lives.

The ocean is one of Earth’s most powerful natural regulators. It absorbs vast amounts of carbon dioxide and excess heat, moderates global temperatures, and stabilizes weather patterns that millions depend on.

With climate change wrecking havoc throughout the planet, healthy oceans are no longer a concern, but - a necessity for survival.

Yet the high seas remain among the least regulated spaces on Earth, leaving them vulnerable to overfishing, habitat destruction, and emerging threats such as deep-sea mining.

These pressures ripple through marine ecosystems, reaching coastal waters and ultimately - us.

This is where the High Seas Treaty would intervene.

By enabling creation of MPAs and implementing EIAs it places ecological limits on human activity in international waters.

For India the impacts would be tangible. Blue economy accounts for 4% of its GDP, with thousands of citizens dependent on sectors like eco-tourism, fisheries, and aquaculture for employment.

The High Seas Treaty also aims to unlock new avenues of scientific research. By facilitating access to marine genetic resources and encouraging international research collaboration, the High Seas Treaty strengthens India’s position in global ocean science

THE ROUGH ROAD AHEAD

While the High Seas Treaty marks a historic step forward, its success will ultimately depend on how effectively it is implemented. Without robust surveillance systems and international cooperation, protections on paper may struggle to translate into action at sea.

As the treaty is still in its early stages, there remains a looming cloud of uncertainty around implementation mechanisms, timelines, and accountability.

Despite these challenges, the High Seas Treaty presents a critical starting point on the long road to achieving global ocean protection.

And its success relies on a collective global initiative.

INDIA’S CURRENT STAND

On 25th September 2025, India signed the High Seas Treaty - indicating intent to support conservation of our global oceans.

However, India is not among the first 60 countries to ratify the treaty, meaning that we are not legally bound to abide by the laws - yet.

Unlike merely signing a treaty, ratification involves Parliament and may require amendments to existing legislation so that India can effectively meet the treaty’s requirements.

To do this responsibly, India’s Ministry of Earth Sciences set up a 12-member drafting committee to examine how the treaty fits with existing laws like the Biological Diversity Act and Environment Protection Act.

This imminent moment of ratification for India will not only determine its legal standing, but the strength of its voice in defining the future of the high seas.

CHARTING THE COURSE FORWARD

The Indian Constitution speaks not only of rights, but of duties and responsibilities - towards its citizens and their collective interests.

As climate change accelerates, fish populations crash and pressures on the ocean grow, the choices we make today - even beyond our borders, will shape the health of our coasts, communities, and food systems tomorrow.

This Republic Day, the high seas remind us that freedom also carries responsibility - and that the values of our Constitution must extend beyond land, into the ocean that sustains us all.

The High Seas Treaty and its 60 ratified member nations have officially made it their collective responsibility to unite and protect our oceans.

Will India join this cause?