HIGH SEAS TREATY
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Covering 64% of the ocean's surface and approximately 43% of the Earth's area, the high seas are home to around 2.2 million marine species and up to a trillion types of microorganisms. These international waters are open to all, granting equal rights for navigation, overflight, economic ventures, scientific research, and the establishment of infrastructure such as undersea cables.
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The lack of designated responsibility for the high seas has led to widespread issues such as resource overexploitation, biodiversity loss, pollution—including plastic waste—and ocean acidification. According to the United Nations, an estimated 17 million tonnes of plastic were dumped into oceans in 2021, a figure projected to rise in the years ahead.
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Concluded in March 2023, the treaty focuses on ocean areas beyond any nation's jurisdiction. National jurisdictions typically extend up to 200 nautical miles (370 km) from the coastline, known as exclusive economic zones (EEZs). Beyond these zones lie the high seas or international waters. This treaty, formally titled the Agreement on Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction, addresses the conservation and sustainable use of marine resources in these global commons
➤ Sustainable utilization of marine genetic resources and fair distribution of benefits derived from them.
➤ Implementation of environmental impact assessments for significant oceanic activities.
➤ Promotion of capacity-building initiatives and technology transfer
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Marine-Protected Areas (MPAs): MPAs are zones in the ocean where ecosystems and biodiversity are under stress from human activities or climate change. They are akin to national parks or wildlife sanctuaries on land. Activities within these areas will be strictly regulated, with conservation measures similar to those implemented in forest and wildlife reserves. Currently, only about 1.44% of high seas are protected, according to the International Union for Conservation of Nature (IUCN).
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Marine Genetic Resources: Oceans are home to an immense variety of life forms, many of which hold potential for applications like drug development. Genetic data from these organisms is being extracted and studied for potential benefits. The treaty aims to ensure that any resulting benefits, including financial ones, are equitably shared and not restricted by stringent intellectual property rights. Additionally, knowledge gained from these explorations is to remain openly accessible to all.
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Environmental Impact Assessments (EIAs): The treaty mandates conducting prior environmental impact assessments for activities that could harm marine ecosystems or conservation efforts. These assessments must be made publicly available. EIAs are also required for activities within national jurisdictions if their impact extends to the high seas.
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Capacity Building and Technology Transfer: Emphasis is placed on capacity building and technology transfer to support countries, particularly small island nations and landlocked states, that lack the resources or expertise to participate effectively in conservation or sustainable exploitation of marine resources. The treaty seeks to alleviate the additional burden these nations might face, such as conducting environmental impact assessments
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Ratification and Treaty
Ratification refers to the formal process through which a country commits to being legally obligated by the provisions of an international law. This is distinct from simply signing the law. Signing signifies a country’s agreement with the law's principles and its intention to adhere to them. However, until the country completes the ratification process— which differs across nations— it is not legally required to comply with the provisions of that law
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The United Nations Convention on the Law of the Sea (UNCLOS) is a comprehensive international legal framework that establishes guidelines for the proper use and governance of seas and oceans globally. It outlines nations' rights and responsibilities concerning oceanic activities and addresses issues such as sovereignty, navigation, and exclusive economic rights. Territorial waters and Exclusive Economic Zones (EEZs) are demarcated based on UNCLOS provisions.
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According to UNCLOS, the Territorial Sea (TS) extends up to 12 nautical miles from a nation’s coastline. While a state exercises complete sovereignty over the waters within its TS, the EEZ grants the state exclusive economic rights over the resources beneath the sea's surface without full sovereignty.
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UNCLOS provides overarching principles for fair access to ocean resources and the conservation of biodiversity and marine ecosystems. However, it does not detail the methods for achieving these goals. This gap is addressed by the High Seas Treaty, which functions as an implementation agreement under UNCLOS, similar to how the Paris Agreement operates within the framework of the UN Framework Convention on Climate Change (UNFCCC)
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For Prelims: UN high seas, UN high seas treaty, UNCLOS, Biodiversity of Areas Beyond National Jurisdiction (BBJN), Exclusive Economic Zone, Territorial Waters.
For Mains: 1. Discuss the significance of the Treaty of High Seas and explain how to save our high seas from overfishing and pollution.
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Previous year Question
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1. Concerning the United Nations Convention on the Law of Sea, consider the following statements: ( UPSC 2022)
Which of the statements given above is correct? A. 1 and 2 only
B. 2 and 3 only
C. 1 and 3 only
D. 1, 2 and 3
Answer : D
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