What are the challenges with the High Seas Treaty?

For Preliminary Examination:  Current events of national and international Significance

For Mains Examination: GS II - International Treaties

Context:

The High Seas Treaty was ratified by over 60 countries in September; it will now be enforced in January 2026. The treaty sets rules to preserve and use marine biodiversity sustainably and addresses threats from climate change, overfishing and pollution.

Read about:

High Seas Treaty

UN Convention on the Law of the Sea (UNCLOS)

Key takeaways:

• In September 2024, more than 60 nations ratified the High Seas Treaty, paving the way for its enforcement by January 2026. This landmark accord aims to protect and sustainably manage marine biodiversity while addressing challenges such as climate change, overfishing, and pollution.
• Officially called the Biodiversity Beyond National Jurisdiction (BBNJ) agreement, the treaty establishes a comprehensive global framework to regulate and conserve marine life in areas beyond national boundaries.
• A major feature of the treaty is the recognition of Marine Genetic Resources (MGRs) as the common heritage of humankind, ensuring equitable sharing of benefits derived from them. Additionally, it introduces Area-Based Management Tools (ABMTs), including Marine Protected Areas (MPAs), which aim to enhance biodiversity protection, climate resilience, and food security by integrating scientific and traditional knowledge.
• The agreement also mandates Environmental Impact Assessments (EIAs) for any activities likely to affect these ecosystems, particularly considering cumulative or cross-border impacts.
• The origins of the BBNJ treaty trace back nearly two decades. In 2004, the UN General Assembly set up a working group to address shortcomings in the 1982 UN Convention on the Law of the Sea (UNCLOS), which lacked specific provisions for safeguarding biodiversity in areas beyond national jurisdiction.
• By 2011, nations had agreed to negotiate on four major themes: MGRs, ABMTs, EIAs, and capacity building with technology transfer. Following four intergovernmental conference sessions (2018–2023), countries reached a final consensus in March 2023, culminating in the treaty’s adoption in June 2023

Key Issues and Challenges:

• Principle Conflict:
  A major concern arises from the tension between the doctrines of “common heritage of humankind” and “freedom of the high seas.” While the former advocates for equitable access and benefit-sharing, the latter emphasizes unrestricted navigation and resource use. The partial application of the common heritage principle—particularly concerning MGRs—reflects compromise rather than clarity, leading to confusion in resource exploration, research, and profit distribution.

• Governance of MGRs:
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