Ocean Treaty Protects Canary Islands' Current
Around 20 sites worldwide could become the first generation of High‑Seas Marine Protected Areas (MPAs) following the entry into force this Saturday of the Oceans Treaty (also known as the High‑Seas Treaty or BBNJ). The treaty became effective after being signed by 141 countries and ratified by 81. One of the proposed sites is the Canary Islands Current off the western African coast in the Atlantic Ocean.
The announcement was made on Tuesday during a press conference by Tekau Frere, coordinator of High Seas Alliance’s Protected Marine Areas. She also cited the Central American thermal dome; the co‑managers of the Salas y Gómez and Nazca plates off South America; the Lord Howe elevation in the Southern Tasman Sea between Australia and New Zealand; and the Prince Edward Island, Crozet Islands and Kerguelen in the tundra ecoregion of the southern Indian Ocean.
“Many of these sites already have promoters who have indicated they will develop proposals. Some are still exploring the idea and consulting scientists,” Frere said.
The Oceans Treaty aims to preserve and ensure the sustainable use of two‑thirds of the world’s oceans. Creating a global network of High‑Seas MPAs is one of the most anticipated outcomes of its implementation.
Following the treaty’s adoption, parties must hold the first Conference of the Parties (COP) before 17 January 2027, which will take place in New York, United States, according to Adam McCarthy—chief legal adviser, senior deputy secretary of Australia’s Department of Foreign Affairs and Trade, and co‑chair of the BBNJ Preparatory Committee.
During this inaugural summit, participants will decide, among other matters, which city will host the Treaty Secretariat. McCarthy noted three current candidates: Valparaíso (Chile), Brussels (Belgium) and a “hybrid proposal involving the United Nations Environment Programme (UNEP).” He added that additional candidates may emerge, but the decision must be made at the first COP.
How Far Should BBNJ Follow Existing Precedents?
Janine Coy Felsen, Belize’s permanent representative to the UN and co‑chair of the BBNJ Preparatory Committee, explained that parties are experiencing friction over how prescriptive BBNJ should be—whether the treaty should adhere to existing frameworks or agreements that address aspects of the high seas.
She highlighted “underlying tensions” regarding the balance between the common heritage of mankind and freedom of the high seas, i.e., how to determine limits on activities in areas beyond national jurisdiction. Additionally, disputes are arising over how to incorporate the role of non‑state actors in the decision‑making process.
What Will Happen on Saturday, the Day the Treaty Enters Into Force?
Reza Sakharjahukos, regional coordinator for Asia at High Seas Alliance, explained that several obligations contained in the treaty will become effective immediately on 17 January. For example, states party to the agreement will be required to conduct an environmental impact assessment for any planned activity in areas beyond national jurisdiction, or for any activity within national jurisdiction that could have a significant impact on the high seas.
States will also need to adopt policy measures to ensure timely notification, reporting, and equitable sharing of benefits derived from activities involving marine genetic resources. Moreover, they will promote international cooperation in marine scientific research through the development and transfer of marine technologies.
“While some obligations depend on the establishment of institutions or committees under the BBNJ framework—and on mechanisms such as sectoralization and information exchange—not all do. Cooperation is a good example. Numerous practical cases show that, under this provision, BBNJ parties could already take action today,” Sakharjahukos said.