The High Seas Treaty has entered into force, with potential implications for the packaging industry – including access to marine genetic resources like seaweed and mandatory environmental impact assessments for shipping activities.
The Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction adopted the High Seas Treaty – officially the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction – on 19th June 2023. It is considered the third implementing agreement to the United Nations Convention on the Law of the Sea.
According to the United Nations, over two-thirds of the ocean’s surface lies beyond national waters – representing over 90% of the Earth’s habitat by volume.
The High Seas Treaty will allow for the creation of marine protected areas (MPAs) in these ocean zones. The move is hoped to align with the Kunming-Montreal Global Biodiversity Framework’s goal to protect and restore 30% of the world’s marine ecosystems by 2030; and the 2030 Agenda for Sustainable Development, which targets the conservation and sustainable use of oceans, seas, and marine resources.
Human activities such as shipping, deep-sea mining, and fishing will be subject to environmental impact assessments. Organizations must assess and evaluate the adverse effects of their planned activities, identify preventive and mitigating measures, and consider any available alternatives. They must periodically report on their results and ensure the information is publicly available.
The use of marine genetic resources – these include seaweed, algae, microbes, and other ocean life used in the production of packaging – will be regulated. Countries without the necessary technology and research facilities will receive equitable access via a ‘fair and equitable’ benefit-sharing mechanism.
The treaty will also offer publicly- and privately-funded marine technology and capacity-building programmes, intended to support developing countries through high-seas governance and conservation efforts.
So far, the High Seas Alliance’s tracker calculates that 145 countries have signed the treaty. 83 have ratified it, including the European Union and 16 of its Member States.
The European Climate, Infrastructure and Environment Executive Agency (CINEA) expects to support the treaty’s implementation with funding from the European Maritime, Fisheries and Aquaculture Fund (EMFAF).
This will involve legal support for the treaty’s implementation in the European Union and a study to support negotiations for a standardized global code to track marine genetic resources. Both these measures are expected to be completed this year, operating under a combined budget of €600,000.
By the end of 2027, CINEA plans to undertake another study comparing and analyzing draft proposals for conservation measures in areas beyond national jurisdiction. It also expects to establish a High Ambition Coalition Secretariat – hosted by the International Union for Conservation of Nature (IUCN) and co-chaired by the European Union – by the end of 2028, and to host an informal expert group to prepare for the treaty’s early implementation by 2029.
The development comes after the Intergovernmental Negotiating Committee came together for a sixth round of negotiations to develop a Global Plastics Treaty. Once again, discussions fell short – but Willemijn Peeters, founder of Searious Business, argued that it was a wake-up call to move beyond international consensus and embrace a coalition of the willing.
In November 2025, we took a deep dive into the climate negotiations at COP30, from the implications of its ‘global mutirão’ text to the key takeaways of national attitudes towards sustainability regulations.
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