On January 17, 2026, the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction, known internationally as the BBNJ Agreement or High Seas Treaty, officially enters into force.

The agreement comes into force on September 19, 2025, upon reaching the required 60 ratifications, and, in accordance with its provisions, 120 days after that milestone.

The BBNJ Agreement establishes, for the first time, a legally binding international framework for the conservation and sustainable use of marine biodiversity on the High Seas, i.e., in areas beyond 200 nautical miles and outside the jurisdiction of States. Prior to this agreement, less than 1% of the High Seas had any form of protection.

“The entry into force of the BBNJ Agreement marks a turning point in ocean governance. For the first time, the international community has clear and binding tools to protect biodiversity in most of the ocean, an ecosystem that is essential for life on the planet and for climate regulation”, said Katherine Arroyo Arce, director of the MarViva Foundation.

Why is the BBNJ Agreement so important?

The High Seas cover almost three-quarters of the planet’s oceans and account for approximately 95% of the total volume of ocean water, making them the largest ecosystem on Earth and among the least explored. These waters are home to key migrations of species such as whales, sharks, tuna, and sea turtles, and are where fundamental processes of carbon absorption and climate regulation occur.

Through the BBNJ, it will be possible to create Marine Protected Areas in international waters, require environmental impact assessments for human activities on the high seas, and regulate historically uncontrolled activities such as overfishing, illegal fishing, pollution, and underwater noise.

“This Treaty not only protects ecosystems, but also promotes greater equity, international cooperation, and shared responsibility for human activities that impact the High Seas. It also opens up a historic opportunity to advance the protection of the Thermal Dome, one of the most biologically productive areas in the Pacific”, added the director of MarViva.

Updating laws and policies to comply with the treaty, ensuring that companies and vessels under their jurisdiction act in accordance with international standards, and assessing and strengthening their technical capabilities are among the obligations countries will have to implement when the agreement enters into force.

Central America and regional leadership

Costa Rica ratified the BBNJ Agreement in May 2025, becoming one of the first countries to do so and playing a key role in reaching the 60-ratification threshold. As a member of the Core Latin American Group (CLAM), Costa Rica has actively participated in negotiations and is advancing initiatives to establish the first protected and managed areas on the High Seas, including measures to safeguard the Central American Thermal Dome.

Panama, for its part, completed its ratification on October 23, 2024, becoming the first Central American country to do so. Like Costa Rica, it was part of the CLAM group and, from the outset, promoted an ambitious agreement to protect marine biodiversity.

Colombia has signed the BBNJ Agreement, expressing its political support and commitment to protecting the High Seas, and is currently moving forward with its ratification process to make the treaty legally binding in its jurisdiction.

“The leadership of countries such as Costa Rica and Panama shows that Central America can play a strategic role in protecting the High Seas. Now the challenge is to move from political commitment to effective implementation,” concluded Arroyo Arce.

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