HIGH SEAS TREATY

The High Seas Treaty, also called the Biodiversity Beyond National Jurisdiction (BBNJ) Treaty, was adopted by UN member states in June 2023.

  • Eighteen additional countries ratified the High Seas Treaty bringing the total to 49 countries; the treaty comes into force after 60 ratifications (120 days post the 60th ratification).
  • The treaty aims to protect marine biodiversity in international waters, which constitute over 60% of global oceans.

The treaty is crucial to meet a globally agreed biodiversity target of protecting 30 per cent of the oceans and lands by 2030, known as “30×30”.

Key Provisions of the Treaty

1. Jurisdiction: International Waters

  • Applies to oceans beyond national exclusive economic zones (EEZs) (beyond 200 nautical miles).
  • Covers “The Area” – seabed and subsoil beyond national jurisdiction, which is over half of Earth’s seabed.

2. Conference of the Parties (COP)

  • A decision-making body to be established once the treaty is enacted.
  • Will coordinate with existing institutions like:
    • Regional fisheries management organizations,
    • International Seabed Authority (ISA).
  • Will oversee enforcement, data sharing, and marine conservation efforts.

3. Marine Protected Areas (MPAs)

  • Enables creation of MPAs in open oceans, not just national waters.
  • MPA designation can be done via:
    • Consensus, or
    • Three-fourths majority voting, to avoid deadlocks.
  • Monitoring challenges: Enforcement mechanisms are undefined.
    • Experts propose using satellite surveillance.
    • Enforcement will largely depend on COP mechanisms and national jurisdiction over flag-bearing ships.

4. Marine Genetic Resources (MGRs) and Benefit Sharing

  • Countries may collect genetic material from marine organisms for scientific or commercial use (e.g., pharmaceuticals).
  • Issues:
    • Rich vs poor country conflict over fair sharing of profits.
  • Treaty provides:
    • Technology transfer and capacity building for developing nations.
    • Open access to research data.
    • But monetary benefit sharing mechanisms are left to be determined by COP, with proposals including:
      • Product-based royalties,
      • Global access fee systems.

5. Environmental Impact Assessments (EIAs)

  • Requires countries to assess the environmental impact of activities in high seas before authorization.
  • Applies to:
    • Activities with more than minor or transitory effects,
    • National activities with transboundary impacts on international waters.
  • NGOs sought to give COP the final approval power, but states retain decision-making power.
  • States must:
    • Publish updates on environmental impact,
    • Reassess if new, unexpected impacts emerge.

6. Regulated Activities (Examples)

  • The treaty could potentially apply to:
    • Fishing and marine transport,
    • Deep-sea mining,
    • Geoengineering projects for climate mitigation,
    • Other industrial activities with ecological impact.

Significance of the Treaty

  • First international legal framework for protecting biodiversity in the high seas.
  • Supports Sustainable Development Goal 14 (Life Below Water).
  • Promotes equity, conservation, and science-based marine governance.
  • Seen as critical for addressing climate change, biodiversity loss, and unsustainable exploitation of marine resources.

Achievement of ‘30×30’ Initiative:

  • Objective: To protect 30% of the Earth’s land and ocean by 2030 to halt biodiversity loss and safeguard ecosystems.
  • Launched by: High Ambition Coalition for Nature and People in 2020.
  • Support: Over 100 countries, including India, USA, UK, and EU.
  • Legal Backing: Incorporated as a target in the Kunming-Montreal Global Biodiversity Framework at COP15 of the Convention on Biological Diversity (CBD).
  • Significance:
    • Addresses climate resilience and biodiversity conservation.
    • Promotes equity through involvement of indigenous communities and developing nations.
    • Encourages creation of Marine Protected Areas (MPAs) in high seas and terrestrial conservation zones.

United Nations Convention on the Law of the Sea (UNCLOS):

  • Established: Came into force in 1994; also known as the Law of the Sea Treaty.
  • Purpose: Provides a comprehensive legal framework for maritime governance and resource use.
  • Key Provisions:
    • Defines Internal Waters, Territorial Waters (12 nm), Contiguous Zone (24 nm), EEZ (200 nm), and Continental Shelf.
    • Grants landlocked countries rights of sea access without unjust taxation.
    • Obliges states to protect the marine environment and permits scientific research on the high seas.
  • Institutional Mechanisms:
    • International Tribunal for the Law of the Sea
    • International Seabed Authority (ISA)
    • Commission on the Limits of the Continental Shelf
  • Liability: States can be held liable for marine environmental damage due to treaty violations.
  • Membership: 167 countries and the European Union are parties; India is a member.
  • Exclusion: USA has signed but not ratified the treaty.

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