The High Seas Treaty: What does it mean for the Arctic?

The High Seas Treaty seeks to protect marine biodiversity in ocean areas that are outside the boundaries of any single country. These areas, known as the high seas, cover almost two-thirds of global oceans and comprise the water column beyond exclusive economic zones and the seabed beyond continental shelves. The treaty contains 75 articles that aim to protect, care for and ensure the responsible use of our marine environment. It marks a critical step toward meaningful, shared management of the world’s oceans.

After almost two decades of discussions and negotiations, governments from around the globe agreed to the High Seas Treaty in March 2023. Since its formal adoption in June 2023, it has been signed by 90 states and ratified by seven. For the treaty to enter into force, it needs to be ratified by 60 states. Currently, all Arctic states except Russia have signed the treaty and are preparing to ratify it.

The adoption and forthcoming ratification of the High Seas Treaty will have important implications and opportunities for marine biodiversity around the world. WWF Global Arctic Programme published a report highlighting what the High Seas Treaty could mean for the Arctic.

Why is the High Seas Treaty important for the protection of the Arctic Ocean?

Because it is a global instrument, the treaty will enable Arctic states to move beyond a national or regional approach to protecting marine biodiversity in the Arctic Ocean. It provides tools that do not currently exist to restrict human activities in areas beyond national jurisdiction in the entire ocean.

Together with the Kunming-Montreal Global Biodiversity Framework, the High Seas Treaty has the potential to significantly strengthen stewardship of the Arctic Ocean. For instance, it provides mechanisms to help achieve the framework’s target to protect 30 percent of the world’s ocean by enabling states to establish marine protected areas in Arctic Ocean areas beyond national jurisdiction.

How will the treaty protect biodiversity in the central Arctic Ocean?

The central Arctic Ocean consists of areas both within and beyond national jurisdiction. As the Arctic’s climate changes and sea ice melts, the region is experiencing increased fishing, shipping and industrial development activities. Although coastal states have significant authority to minimize the harmful impacts of these activities within their own maritime zones, they have no authority in areas beyond national jurisdiction. To effectively limit such activities, and to ensure the limits apply to all vessels and states, regulations must be developed through global instruments. The High Seas Treaty will provide Arctic states with the means to address these issues so they can shape governance in the Arctic Ocean.

How will the High Seas Treaty affect existing international agreements?

Diverse international agreements and bodies are already in place to protect Arctic marine biodiversity such as the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean as well as international organisations such as the International Maritime Organization. However, the existing agreements and bodies cover only certain activities, such as fishing or shipping, and often do not apply to the entire Arctic.

The new High Seas Treaty does not undermine any existing instruments. But it does address many governance gaps by promoting cooperation and coherence among states and existing international frameworks and bodies. For instance, the treaty allows parties to put forward legally binding measures to conserve biodiversity in the high seas, and requires all parties to the treaty to respect these. It also puts pressure on states to use existing initiatives or regimes more efficiently.

When it comes to environmental governance frameworks, there are many different ways to look at the Arctic. In the interactive map below, you can explore how several environmental governance frameworks overlap with one another.

What steps do Arctic states need to take to support the treaty and enhance the protection of biodiversity in the Arctic Ocean?

The first step is for each Arctic state to become a party to the treaty. Currently, all but Russia are working towards that. Once the treaty comes into effect, these states should also lead the way in protecting areas beyond national jurisdiction by proposing area-based measures, including marine protected areas, within the high seas portion of the central Arctic Ocean. In fact, they should be taking initial steps to develop these now rather than waiting until the treaty has entered into force.

As the stewards of the Arctic, the eight Arctic nations must also ensure that any action taken on the high seas is complemented by action within their own maritime zones. Only by finding ways to protect the entire marine ecosystem will we be able to ensure holistic protection of the world’s oceans—and the new High Seas Treaty offers a concrete tool to do that.