India signed an important international agreement called the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, or the High Seas Treaty at the United Nations General Assembly in New York on September 25, 2024. So far, 105 countries have signed the treaty which is ratified by 14 countries. The High Seas treaty would come into force 120 days after at least 60 countries submit their formal ratification documents

 

 

High Seas

 

UNCLOS

 

 

1. The high seas account for 64% of the ocean's surface and roughly 43% of Earth's total area. These regions are home to approximately 2.2 million marine species and up to a trillion types of microorganisms. They are not governed by any single entity, allowing equal rights for navigation, overflight, economic ventures, scientific exploration, and the establishment of undersea infrastructure, such as cables.

2. The lack of specific accountability for the high seas has resulted in overexploitation of resources, loss of biodiversity, pollution (including plastic waste), ocean acidification, and other environmental concerns. According to the United Nations, around 17 million tonnes of plastics were dumped into the oceans in 2021, with the situation projected to worsen in the future.

3. The treaty finalized in March 2023 focuses on ocean areas beyond the national jurisdiction of any country. Typically, national jurisdiction extends up to 200 nautical miles (370 km) from the coastline, known as an Exclusive Economic Zone (EEZ). Regions outside these EEZs are referred to as high seas or international waters. This agreement is officially titled the Agreement on Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction.

4. The High Seas Treaty encompasses four primary goals:

   • Establishment of Marine Protected Areas (MPAs), similar to protected wildlife or forest zones;
   • Sustainable utilization of marine genetic resources and fair distribution of benefits derived from them;
   • Mandatory environmental impact assessments for major ocean activities;
   • Support for capacity building and technology transfer.

5. Marine Protected Areas (MPAs): These are regions in the ocean where ecosystems and biodiversity are under pressure due to human activities or climate change. Comparable to national parks or wildlife reserves on land, activities in MPAs will be strictly regulated to enable conservation. Currently, only 1.44% of high seas are protected, as per the International Union for Conservation of Nature (IUCN).

6. Marine Genetic Resources: Oceans contain a vast array of life forms, some of which hold potential benefits for humanity, such as in drug discovery. The treaty aims to ensure that benefits arising from such resources, including financial gains, are shared equitably and not restricted by stringent intellectual property rights. Furthermore, knowledge from such research is to remain openly accessible.

7. Environmental Impact Assessments (EIAs): The treaty mandates prior EIAs for activities that could harm marine ecosystems or conservation efforts. These assessments must be publicly disclosed. Additionally, activities within national jurisdictions that could impact high seas also require EIAs.

8. Capacity Building and Technology Transfer: Emphasizing equitable participation, the treaty addresses the lack of resources and expertise in many countries, particularly small island and landlocked nations, to engage in conservation and utilize marine resources. It also acknowledges that obligations like conducting EIAs may pose a financial strain on these nations.

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

1. UNCLOS is a comprehensive framework for regulating the use and governance of oceans globally. It delineates the rights and obligations of nations regarding oceanic activities, covering issues such as sovereignty, navigation, and economic rights. It also defines boundaries like territorial waters and EEZs.

2. Territorial Sea (TS): Under UNCLOS, the TS extends up to 12 nautical miles from a country’s coastline. Unlike the EEZ, where a nation has sovereign economic rights to resources beneath the seabed, a state has full sovereignty over waters within its TS.

3. While UNCLOS establishes broad principles for equitable ocean resource usage and biodiversity conservation, it does not provide specific measures for achieving these goals. The High Seas Treaty fills this gap, functioning as an implementation mechanism under UNCLOS, akin to how the Paris Agreement operates within the framework of the UNFCCC