HIGH SEAS

1. Context

The UN member states agreed on a historic treaty for protecting marine life in international waters that lie outside the jurisdiction of any country. The ‘breakthrough’ followed talks led by the UN during the Intergovernmental Conference (IGC) on Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ) where negotiations were underway for the past two weeks. The treaty is yet to be formally adopted as members are yet to ratify it.

2. What is High Seas Treaty?

Since 2017, an Inter-Governmental Conference established by the United Nations General Assembly has been negotiating an agreement under UNCLOS that would allow for more effective management and protection of the high seas.
This internationally legally binding instrument is often referred to as the Biodiversity in Areas Beyond National Jurisdiction Treaty, or "BBNJ treaty".
This treaty focuses on four main areas namely Conservation and sustainable use of marine biological diversity in ABNJ including marine genetic resources, Area-based management tools, including marine protected areas, Environmental-impact assessments, and Capacity building and the transfer of marine technology.
The draft agreement of the High Seas Treaty recognizes the need to address biodiversity loss and the degradation of ecosystems of the ocean. It places 30% of the world's oceans into protected areas, puts more money into marine conservation, and covers access to and use of marine genetic resources as per the United Nations.
An important negotiating point, and source of tension during the talks, was developing countries' access to benefits reaped from the commercialization of resources (especially genetic resources) extracted from the ocean. The treaty has agreed to set up an access and benefit-sharing committee to frame guidelines.

3. What are the High Seas?

Parts of the sea that are not included in the territorial waters or the internal waters of a country is known as the High seas, according to the 1958 Geneva Convention on the High Seas.
No country is responsible for the management and protection of resources on the high seas.
The high seas are some of the most biologically productive in the world teeming with plankton and home to ocean giants like predatory fish, whales, and sharks.
The seabed sequesters tremendous amounts of carbon and the ocean volume traps heat, slowing the effects of climate change on land and in the atmosphere dramatically.
High seas begin at the borders of the country's EEZ, which extends up to 370km from the coastlines.
However, up until today, just 1% of these high seas waters have been adequately safeguarded.

4. Significance of High Seas

The high seas account for more than 60% of the world’s ocean area and cover about half of the Earth’s surface, which makes them a hub of marine life.
They are home to around 2.7 lakh known species, many of which are yet to be discovered. The high seas are fundamental to human survival and wellbeing.
These oceans absorb heat from the atmosphere, are affected by phenomena like El Nino, and are also undergoing acidification all of which endanger marine flora and fauna.
Several thousand marine species are at risk of extinction by 2100 if current warming and acidification trends continue.
Anthropogenic pressures on the high seas include seabed mining, noise pollution, chemical spills, and fires, disposal of untreated waste (including antibiotics), overfishing, the introduction of invasive species, and coastal pollution.
Despite the alarming situation, the high seas remain one of the least protected areas, with only about 1% of them under protection.

5. About BBJN

The BBJN(Biodiversity of Areas Beyond National Jurisdiction) Treaty also known as the "Treaty of the High Seas", is an international agreement on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, currently under negotiation at the United Nations.
This new instrument is being developed within the framework of the UNCLOS, the main international agreement governing human activities at sea.
It will achieve a more holistic management of high seas activities, which should better balance the conservation and sustainable use of marine resources.
BBJN encompasses the high seas, beyond the exclusive economic zones or national waters of countries.

Previous year Question

1. Concerning the United Nations Convention on the Law of Sea, consider the following statements: ( UPSC 2022)

A coastal state has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from a baseline determined by the convention.
Ships of all states, whether coastal or landlocked, enjoy the right of innocent passage through the territorial sea.
The Exclusive Economic Zone shall not extend beyond 200 nautical miles from the baseline from which the breadth of the territorial sea is measured.

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

For Prelims & Mains

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.

Source: The Hindu

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