INDIA TO RATIFY HIGH SEAS TREATY

The Indian government said that it would quickly ratify and join the High Seas Treaty, which establishes a new international legal framework for preserving the seas' health. The goal of the last-year-negotiated deal is to lessen pollution while preserving biodiversity and other marine resources in ocean seas.

High Seas:

• Represent about 64% (two-thirds) of the total ocean area.

• They are not owned by any one nation and are accessible to everyone for navigation, overflight, economic activities, scientific research, and laying of infrastructure like undersea cables.

1958 Geneva Convention on the High Seas

• Definition: Areas not included in territorial or internal waters are classified as high seas.

• Jurisdiction: Extends beyond a country's Exclusive Economic Zone (EEZ), up to 200 nautical miles from the coastline.

• Responsibility: No single country is tasked with managing or protecting high seas resources.

Significance

• Coverage: Over 64% of the world’s oceans and 50% of the Earth's surface.

• Biodiversity: Home to around 270,000 known species; many still undiscovered.

• Climate Regulation: Key in regulating climate, absorbing carbon, storing solar radiation, and distributing heat.

• Human Needs: Provides seafood, raw materials, and valuable genetic and medicinal resources.

Challenges:

• Overexploitation of resources

• Biodiversity loss

• Pollution, including plastic dumping (17 million tonnes in 2021)

• Ocean acidification

Existing Framework

• UNCLOS (1982):

• Comprehensive international law that outlines rights and duties of nations regarding oceans.

• Addresses sovereignty, passage rights, and EEZs.

• Provides general principles for equitable access and protection but lacks specific implementation mechanisms.

High Seas Treaty:

• Formally known as Agreement on Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ).

• The High Seas Treaty is often compared to the 2015 Paris Agreement due to its significant potential impact on global environmental governance.

• Focuses on oceans outside national jurisdictions (high seas), which extend beyond 200 nautical miles (370 km) from coastlines and are considered global commons.

• Serves as an implementing agreement under UNCLOS.

• Aims to address gaps left by UNCLOS in marine conservation and sustainable use.

Objectives of the High Seas Treaty

• Conservation and Protection:

• Establish Marine Protected Areas (MPAs) in high seas.

• Regulate activities within MPAs to enhance conservation efforts.

• Equitable Sharing of Benefits:

• Ensure fair distribution of benefits from marine genetic resources.

• Prevent proprietary claims by any country over these resources.

• Mandatory Environmental Impact Assessments (EIAs):

• Require EIAs for potentially harmful activities.

• Make EIAs public and applicable to activities within national jurisdictions if they impact the high seas.

• Capacity Building and Technology Transfer:

• Assist developing countries in utilizing ocean benefits while supporting conservation.

Ratification

• Threshold: The treaty will enter into force once 60 countries ratify it.

• Becomes international law 120 days after the 60th ratification.

Ratification vs. Signing:

• Signing: Indicates agreement and intent to abide by the treaty.

• Ratification: Legally binds the country to the treaty’s provisions.

• Example: The U.S. signed but did not ratify the Kyoto Protocol.

This overview captures the key aspects and implications of the High Seas Treaty, reflecting its importance in global marine conservation efforts and the process required for it to become binding international law.