The Challenge of Protecting Life in International Waters
"The high seas represent one of humanity's most complex legal and environmental challenges."
Imagine a vast wilderness that covers nearly half our planet, teeming with life forms more mysterious than anything science fiction could invent. This realm operates under a unique legal status: it belongs to every nation and no nation simultaneously. For centuries, these international waters have been governed by the principle of "freedom of the seas," a concept dating back to 1609 that essentially treated the oceans as a global commons with limited regulation 6 . Today, as we face unprecedented threats to marine ecosystems, the world is grappling with a profound question: Is it possible to achieve justice in conserving marine biodiversity in areas beyond national jurisdiction?
The recent adoption of the High Seas Treaty—formally known as the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement—marks a transformative moment in this decades-long struggle. When the 60th ratification was deposited in September 2025, it triggered the treaty's entry into force, setting the stage for a new era of ocean governance 7 . This agreement represents humanity's most ambitious attempt to balance competing interests—economic development versus environmental protection, national rights versus global responsibilities, and resource exploitation versus equitable benefit-sharing. As we stand at this crossroads, we must examine whether justice in ocean conservation is an impossible ideal or an achievable necessity.
The high seas cover nearly half of the Earth's surface and contain an estimated 10 million species, many still unknown to science.
The term "high seas" refers to waters beyond any single country's jurisdiction—the vast blue heart of our planet that covers nearly two-thirds of the world's ocean and represents almost half the Earth's total surface 7 9 . These international waters are home to an estimated 10 million species, many still unknown to science, and serve as critical migratory highways for whales, tuna, sea turtles, and other marine life 9 . From a legal perspective, the high seas begin where Exclusive Economic Zones (EEZ) end—generally 200 nautical miles from shorelines—and extend to the outer limits of these global commons.
The United Nations Convention on the Law of the Sea (UNCLOS), adopted in 1982, established the foundational framework for ocean governance by creating different maritime zones with varying levels of national control 6 . The table below illustrates how jurisdiction changes as we move farther from shore:
| Zone | Distance from Shore | Jurisdictional Status | Key Governance Features |
|---|---|---|---|
| Territorial Waters | 12 nautical miles | Complete national sovereignty | Coastal states have full control over resources and activities |
| Contiguous Zone | 12-24 nautical miles | Limited national jurisdiction | Enforcement of customs, immigration, and sanitary laws |
| Exclusive Economic Zone (EEZ) | 200 nautical miles | Sovereign rights over resources | Coastal states control fishing, mining, and energy production |
| High Seas | Beyond 200 nautical miles | Beyond national jurisdiction | Governed by international law and freedom of the seas principle |
These international waters play an indispensable role in maintaining planetary health. They produce nearly half the oxygen we breathe, absorb significant amounts of carbon dioxide, and regulate global climate patterns 1 . Yet despite their ecological importance, the high seas have long suffered from what scientists call the "tragedy of the commons"—a situation where shared resources are overexploited because no single entity has responsibility for their protection. The result has been increasing pressures from pollution, overfishing, climate change, and emerging threats like deep-sea mining 2 6 .
The high seas constitute approximately two-thirds of the world's ocean area.
International waters are home to an estimated 10 million marine species.
The journey toward effective ocean governance has been centuries in the making. The concept of "freedom of the seas," introduced by Dutch jurist Hugo Grotius in 1609, established that oceans should be free for all nations to use—a logical principle for its time but one that failed to anticipate modern resource pressures 6 . Throughout the 19th and early 20th centuries, nations primarily followed customary laws regarding territorial waters, typically extending just three nautical miles from their coastlines—the maximum distance coastal artillery could effectively defend, known as the "cannon shot rule" 6 .
Freedom of the Seas - Hugo Grotius publishes "Mare Liberum," establishing the principle that oceans should be free for all nations to use.
UNCLOS Adoption - The United Nations Convention on the Law of the Sea is adopted, creating a comprehensive legal framework for ocean governance.
High Seas Treaty - The Biodiversity Beyond National Jurisdiction (BBNJ) Agreement is adopted after nearly two decades of negotiations.
Treaty Ratification - The 60th ratification is deposited, triggering the High Seas Treaty's entry into force.
Implementation Begins - The High Seas Treaty officially enters into force in January 2026.
The modern era of ocean governance began with the adoption of the United Nations Convention on the Law of the Sea (UNCLOS) in 1982. This comprehensive framework, often called the "Constitution for the Oceans," revolutionized maritime governance by establishing clear guidelines for marine resource management and territorial claims 6 . UNCLOS introduced crucial concepts like Exclusive Economic Zones (EEZs) and detailed regulations for scientific research, environmental protection, and resource exploitation. Most importantly, it designated the high seas as "the common heritage of humankind," establishing the philosophical foundation for shared responsibility 1 .
For all its strengths, UNCLOS left significant governance gaps regarding marine biodiversity protection in international waters. The newly adopted High Seas Treaty, which will enter into force in January 2026, represents the third implementation agreement under UNCLOS and addresses these gaps head-on 2 7 . By creating mechanisms for establishing marine protected areas in international waters, conducting environmental impact assessments, and ensuring equitable benefit-sharing from marine genetic resources, the treaty aims to bring coherence to a previously fragmented system 1 2 .
At its heart, the challenge of conserving marine biodiversity beyond national jurisdiction is fundamentally about justice—distributive justice in sharing resources, procedural justice in decision-making, and intergenerational justice in safeguarding the ocean for future generations. The high seas contain potentially valuable resources, from fisheries to genetic material from deep-sea organisms that could lead to medical breakthroughs. The question of who benefits from these resources has long been a point of contention between developed and developing nations.
Fair sharing of marine resources and benefits between nations
Inclusive decision-making processes with equal participation
Safeguarding ocean health for future generations
The High Seas Treaty attempts to address these equity concerns through several innovative mechanisms. It includes provisions for capacity-building and marine technology transfer to developing countries, funded through a variety of public and private sources 2 . An innovative benefit-sharing mechanism will ensure fair access to and utilization of marine genetic resources, acknowledging that these materials represent a common heritage 2 7 . As Rebecca Hubbard, Director of the High Seas Alliance, emphasized: "The Treaty's true strength lies in universal participation. While we must celebrate this incredible progress, we urge all remaining nations to join this historic Agreement" 7 .
"The Treaty's true strength lies in universal participation. While we must celebrate this incredible progress, we urge all remaining nations to join this historic Agreement." - Rebecca Hubbard, Director of the High Seas Alliance 7
The justice implications extend beyond material benefits to include knowledge equity and decision-making power. Historically, wealthier nations have had greater resources to conduct marine scientific research and explore remote ocean areas, giving them an advantage in understanding and potentially exploiting marine biodiversity. The treaty's provisions for strengthening the research capacities of developing nations represent a crucial step toward leveling this playing field. As one UN official noted, the agreement "prioritizes equity and inclusion, with dedicated support for developing countries" 2 .
While legal frameworks provide the foundation for conservation, effective protection requires sophisticated monitoring tools. One technological innovation that exemplifies the cutting edge of ocean science is the Environmental Sample Processor (ESP) developed by the Monterey Bay Aquarium Research Institute (MBARI) 8 . This remarkable instrument functions as an "autonomous laboratory" that can be deployed in the ocean to collect and analyze water samples in real-time, providing crucial data about microbial communities and environmental conditions without the need for costly research vessels.
The instrument pumps water through filters that capture microorganisms and particles larger than 0.2 micrometers 8 .
Depending on configuration, the ESP either preserves samples for later analysis or immediately processes them using molecular detection technology 8 .
The system can identify specific organisms through genetic probes or detect harmful toxins that might indicate algal blooms or pollution events 8 .
Results are converted into digital format and transmitted to researchers on shore in near real-time, enabling rapid response to changing conditions 8 .
| Component | Specification | Function |
|---|---|---|
| Filter System | 0.2 micrometer pore size | Captures microorganisms and particles from water samples |
| Analysis Methods | Sandwich Hybridization Assay (SHA), quantitative PCR (qPCR) | Identifies presence and quantity of specific organisms or genes |
| Data Transmission | Radio or cellular technology | Sends results to shore in near real-time |
| Deployment Capability | Surface waters to 1,800 meters depth | Allows monitoring at various ocean depths |
| Autonomy | Up to 8 months | Provides persistent presence for capturing episodic events |
In a landmark demonstration of its capabilities, the ESP was deployed in the Santa Cruz wharf area to monitor microbial communities and potential harmful algal blooms 8 . The instrument successfully identified the type and quantity of microorganisms present in the water and detected biological compounds that could indicate toxin production. Most impressively, it maintained this monitoring for extended periods, capturing short-lived ecological events that would likely be missed by traditional ship-based sampling 8 .
| Parameter Measured | Detection Method | Key Findings |
|---|---|---|
| Microbial Identification | Nucleic acid probes | Successful identification of specific phytoplankton and bacterial groups |
| Toxin Detection | Sandwich Hybridization Assay | Early detection of compounds associated with harmful algal blooms |
| Gene Expression | Quantitative PCR | Monitoring of functional genes related to environmental adaptation |
| Temporal Resolution | Continuous sampling | Captured episodic events missed by traditional sampling methods |
The data collected by the ESP provides more than just a snapshot of ocean health—it offers a continuous stream of information that can inform management decisions about fisheries, protected areas, and pollution response. This technological capability is particularly crucial for implementing the High Seas Treaty, as it enables evidence-based decision-making for a realm that has long suffered from inadequate monitoring 8 . As the treaty moves toward implementation, tools like the ESP will play an increasingly vital role in translating legal provisions into effective conservation outcomes.
Modern marine biology relies on sophisticated laboratory techniques adapted for challenging ocean environments. The following essential materials and reagents enable researchers to study marine biodiversity with precision, even in remote locations:
This chemical preservative stabilizes DNA and RNA from filtered microbial samples at ambient temperatures, crucial for long deployments where freezing isn't possible. Researchers have obtained high-quality genetic material even after eight-month deployments 8 .
Short sequences of DNA or RNA designed to bind to complementary genetic material from specific organisms. These are pre-printed on arrays in the ESP to identify microorganisms in water samples through hybridization 8 .
Chemicals that break open cells through the addition of heat, releasing proteins and nucleic acids from every microbe captured on filters. This creates a "homogenate" slurry of molecules for downstream analysis 8 .
Chemicals that produce visible signals (typically glowing spots) when genetic targets are detected. These allow the ESP's onboard camera to capture results that are then transmitted to researchers on shore 8 .
Self-contained units housing all reagents needed for individual tests, enabling the miniaturization of laboratory processes for deployment on autonomous vehicles 8 .
The ratification of the High Seas Treaty represents a historic milestone in the long struggle to achieve justice in marine conservation. As the agreement moves toward implementation in early 2026, we stand at a pivotal moment where promises must transform into meaningful action 7 9 . The treaty provides the legal architecture for a more equitable approach to ocean governance, but its success will depend on universal participation, robust implementation, and continued scientific innovation.
"This historic moment is the culmination of years of dedication and global diplomacy by governments and stakeholders. The High Seas Treaty is a powerful testament to multilateralism—showing what the world can achieve when we come together for the common good for our ocean" 7 .
Whether justice in the conservation of marine biodiversity beyond national jurisdiction is an impossible ideal or an achievable goal remains to be seen. The challenges are undeniably daunting—from political resistance to technical limitations to the sheer scale of the ocean itself. Yet the alternative—a continuation of the fragmented governance and weak regulation that has led to declining ocean health—is simply unacceptable.
In the end, the question of justice in ocean conservation transcends legal frameworks and scientific monitoring. It speaks to our fundamental relationship with the natural world and our responsibilities to each other and future generations. The high seas may lie beyond national jurisdictions, but their fate is inextricably linked to our own. In protecting these vast blue wildernesses, we ultimately protect ourselves and honor our shared destiny as inhabitants of a water planet.