WILLEMSTAD — A landmark United Nations treaty aimed at protecting biodiversity in international waters officially entered into force on January 17, creating, for the first time, a legally binding framework to safeguard the high seas.
The agreement, formally known as the Biodiversity Beyond National Jurisdiction (BBNJ) treaty, applies to ocean areas that fall outside the national jurisdiction of individual states. These waters account for roughly two-thirds of the world’s oceans and nearly half of the Earth’s surface. Until now, the high seas were largely considered open-access areas, with limited legal tools to regulate environmental protection.
With the treaty now in effect, countries can designate marine protected areas in international waters, require environmental impact assessments for activities on the high seas, and establish rules for the sharing of benefits derived from marine genetic resources.
The treaty became operational after the required threshold of ratifications was reached last year. More than eighty countries have now formally joined, including major maritime nations such as China, Brazil, and Japan. The United States has signed the treaty but has not yet completed ratification.
Significance for the Caribbean
The new legal framework is also of particular importance to the Caribbean region, where many migratory species — including whales and dolphins — move annually between territorial waters and the high seas.
By extending protection mechanisms beyond national boundaries, the treaty makes it possible to better safeguard critical habitats used by these species throughout their migratory routes. In this context, the government of Curaçao has previously expressed its intention to explore the establishment of a marine protected reserve around the ABC islands, based on scientific research into whale and dolphin presence in surrounding waters.
The Kingdom of the Netherlands has signed the treaty but has not yet ratified it. Ratification requires adjustments to national legislation. For the European Netherlands, this includes implications for the North Sea, while for Curaçao, fisheries interests linked to its status as a flag state may play a role in the legislative process.
Global Protection Goals
Environmental organizations note that only about eight percent of the world’s oceans are currently under effective protection. The international goal is to increase that figure to 30 percent by 2030, a target often referred to as “30 by 30.”
The new treaty provides the legal foundation needed to reach that goal. However, experts emphasize that its ultimate impact will depend on whether countries actively designate protected areas and consistently enforce the rules.
For Curaçao and the wider Caribbean, the entry into force of the high seas biodiversity treaty represents an important step toward stronger regional and global ocean protection, with potential long-term benefits for marine ecosystems, fisheries sustainability, and biodiversity conservation.