Countries are advancing towards implementing the High Seas Treaty, aimed at protecting marine biodiversity beyond national borders.
At the UN meeting, significant progress was made, with small island nations ratifying the treaty.
Discussions focused on procedural rules, representation and funding, setting the stage for further negotiations at PrepCom III in 2026.
Countries have taken another big step towards bringing a new international treaty on the high seas into action.
The treaty, known as the Agreement on Marina Biodiversity Beyond National Jurisdiction (BBNJ) or the High Seas Treaty, will set rules for protecting marine life in areas of the oceans that lie outside national borders.
These areas cover nearly half the planet’s surface but have so far lacked strong protection. The treaty was agreed in 2023 after years of negotiations. It opened for countries to sign in 2024.
The first session of the Preparatory Commission, PrepCom I was held in April 2025, where countries began discussing how the treaty will actually work such as its rules, bodies and financial arrangements.
At PrepCom II, held at the UN in New York from August 18 to 29, 2025, more than 200 representatives from governments, civil society and international organisations gathered to continue this work.
During the meeting, small island countries, Cabo Verde and Saint Kitts and Nevis announced their ratifications, leaving only five more ratifications needed before the treaty officially enters into force.
Once that happens, countries will hold their first major decision-making meeting, known as COP1, which is expected in late 2026.
Among the main issues, delegates debated the rules of procedure for COP meetings, including how often COPs should be held, observer participation, voting rules, and the balance of representation for small island developing states and least developed countries.
They made enough progress for textual negotiations to begin at PrepCom III.
A draft model was developed for the terms of reference of the new scientific and technical body, with discussions on how to include Indigenous knowledge, gender balance, and fair regional representation.
Countries also discussed where the permanent secretariat will be located. Belgium and Chile have already offered to host. Delegates said the office will run the treaty should be chosen in a way that is open, fair and effective.
Countries talked about working with the Global Environment Facility, which provides environmental funding, and about creating two new funds: one for conservation projects and another to help developing countries join meetings.
They did not reach a final decision, but agreed to keep working on it between sessions.
The Clearing House Mechanism will be an online system to share information and connect countries with training and resources. Everyone agreed it is very important, but countries could not agree on who should be in the expert group to design it, or on some of its rules.
This issue will be discussed again at the next meeting.
Even though countries did not agree on everything, most said the meeting was a success. It gave them a clearer plan for the work to be done before the next session, PrepCom III.
Co-chair Felson summed it up by saying, “Things are never as good or as bad as they seem,” pointing out that there was both progress and challenges.
The BBNJ Agreement is the first treaty to address the conservation and sustainable use of biodiversity in the high seas.
It is meant to ensure that resources in international waters are treated as the “common heritage of humankind” and that benefits are shared fairly, especially with developing countries.
Although not all disagreements were resolved at PrepCom II, delegates said the talks moved things forward. The next session, PrepCom III in March-April 2026, will be critical to prepare for COP1 and make the treaty fully operational.