
What are the “high seas?” The expression came into being around 1350 ce, deriving from Old English heahflod or “deep water.” The high seas were out of reach, and often a place of maritime adventure, piracy, and danger. Later, the term defined the ocean area not within territory of any nation.

Ocean waters beyond 200 nautical miles, not subject to national jurisdiction and legally categorized as international waters, belong to every country, even those that are landlocked. This is our blue commons.

This month, September 2025, a new agreement, formally known as the “United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction,” is the first legally binding agreement for sustaining marine fauna and flora, sharing of scientific data , access to marine genetic resources, and creating marine protected areas (MPA).

Marine protected areas (MPAs) provide sources with ecosystems intact, in circularity, so that nature is balanced and able to renew. Dr Sylvia Earle, founder of Mission Blue and sometimes called “Her Deepness,” proposed what she called “hope spots” that would serve to keep and potentially renew the ocean habitat. Rena Lee, President of the Intergovernmental Conference on Marine Biodiversity, who captained 36 hours of negotiation that led to the “30 x 30” pledge to protect 30% of Earth’s land and sea by 2030, made the High Seas Treaty text ready for ratification in 2023: it took two years to ratify. Lewis William Gordon Pugh, often referred to as “Sir Edmund Hillary in a swim suit” swam every ocean on the globe to promote Marine Protected Areas.

The International Seabed Authority (ISA) has approved “Areas of Particular Environmental Interest” or (APEI). This is good news. But the ISA is also preparing to decide whether (or when) to mine the deep seabed. Therein lie buried treasure deposits of critical minerals. ISA keeps a database “Deep Data” that identifies marine mineral resources.
Cobalt, nickel, and other minerals important for electronics and smart devices are in high demand. Mining on land has thus far provided these resources, but mines are getting tapped out. The same minerals and metals are present in the deep seabed – in untapped abundance. For example, gold in the deep seabed is estimated to be worth $150 trillion.

ISA is presently developing its Mining Code. Countries that are signatory to the Law of the Sea have the right to apply for mining access. So far, all the ISA contracts for cobalt and other materials are only for the first phase of Exploration. The next phase is Exploitation. Nauru triggered the Two Year rule, so mining decisions may be forthcoming.

Our blue commons is the greatest portion of our planet, and also the origin of what we are now. We all came from the sea. And, it is the sea that will sustain us. As Rachel Carson warned: “No blue, no green.”

Once the High Seas Treaty is in effect, on 17 January 2026, there will soon be a Conference of the Parties (COP) to set the strategic agency and goals. What are your views? How can the High Seas Treaty protect, sustain, and renew our blue commons?
Brooke, K. Lusk. “Water/ENERGY: Deep Seabed Mining.” 10 July 2024. Building the World Blog. https://blogs.umb.edu/buildingtheworld/2024/07/10/water-energy-deep-seabed-mining/
Brooke, K. Lusk. “Speedo Diplomacy.” pages 56-67. Renewing the World: Casebook for Leadership in Water. 2024. ISBN: 9798985035957. See also: https://renewing theworld.com
Earle, Sylvia. “My Wish: Protect Our Oceans.” https://missionblue.org and TED Talk 2009, VIDEO https://www.ted.com/talks/sylvia_earle_my_wish_protect_our_oceans
Etymonline. “Origin and history of high seas.” https://www.etmonline.com/word/high%20seas
High Seas Alliance. “Historic Milestone for Global Ocean Protection.” 19 September 2025. https://highseasalliance.org/2025/09/19/historic-milestone-for-global-ocean-protection-60th-ratification-triggers-entry-into-force-of-high-seas-treaty/
Humphreys, John and Robert W.E. Clark. “A critical history of marine protected areas.” Marine Protect Areas: Science, Policy, and Management, 2020. https://www.sciencedirect.com/science/article/abs/pii/B9780081026984000010
International Seabed Authority: Mining Code. https://www.isa.org.jm/the-mining-code/
Kriegl, Michael, et al., “Marine Protected Areas: At the Crossroads of Nature Conservation and Fisheries Management.” 07 June 2021. Frontiers in Marine Science. https://www.frontiersin.org/journals/marine-science/articles/10.3389/fmars.2021.676264/full
Lee. Rena. “The ship has reached the shore.” 4 March 2023. United Nations. IDEO: https:/youtu.be/BQauwZ9b9xs
Pugh, Lewis. Achieving the Impossible. New York: Simon & Schuster, 2010. ISBN: 9781847372482
United Nations. “United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction.” https://treaties.un.org/doc/Publication/MTDSG/Volume%2011/Chapter%20XXI/XXI-10.en.pdf
United Nations. “United Nations Convention on the Law of the Sea.” https://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_3.pdf
United Nations. “Kunming-Montreal Global Biodiversity Framework.” Conference of the Parties to the Convention on Biological Diversity, CBD/COP/DEC/15/4,19 December 2022. Official Text: https://www.cbd.int/doc/decisions/cop-15/cop-15-dec-04-en.pdf
Washburn, Travis, et al., “Environmental Heterogeneity Throughout the Clarion-Clipperton Zone and the Potential Representativity of the APEI Network.” 30 March 2021. Frontiers in Marine Science, Volume 8, 2021. https://www.frontiersin.org/articles/10.3389/fmars.2021.661685
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