The High Seas Treaty: A Step Towards Global Ocean Governance
Context:
The High Seas Treaty, formally the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, is a historic step under UNCLOS to protect marine biodiversity in international waters, covering two-thirds of the global oceans.
Signing of The BBNJ Agreement:
- On March 4, 2024, after nearly two weeks of negotiations, UN member states reached a consensus on The High Seas Treaty. This agreement, over a decade in the making, reflects a global commitment to address biodiversity loss and the degradation of marine ecosystems.
- It emerged amidst mounting concerns over climate change, overfishing, and industrial exploitation of marine resources, which threaten ocean health and humanity’s future.
About The Agreement:
The High Seas Treaty is The third implementing agreement under UNCLOS, following those on seabed mining (1994) and fish stocks (1995). It expands upon UNCLOS to specifically address The governance of marine biodiversity in areas beyond national jurisdiction. Key features include:
- Marine Protected Areas (MPAs): A commitment to protect 30% of The world’s oceans by 2030 under The Kunming-Montreal Global Biodiversity Framework.
- Marine Genetic Resources (MGRs): Equitable benefit-sharing from the commercial use of resources, including mechanisms for access and oversight.
- Environmental Impact Assessments (EIAs): Mandatory evaluations of planned activities to prevent harm to marine ecosystems.
- Capacity Building and Funding: Support for developing nations, including financial assistance and technology transfers.
Objectives of The Agreement:
- Marine Biodiversity Conservation: Safeguard ecosystems in international waters.
- Equitable Sharing of Benefits: Ensure fair distribution of profits from marine genetic resources.
- Environmental Safeguards: Mandate EIAs to regulate human activities in vulnerable marine zones.
- Sustainable Development: Promote peaceful and scientific use of high-seas resources.
Why Did It Take So Long to Conclude The Agreement?:
The journey to this agreement was arduous due to:
- Geopolitical Divides: Diverging priorities between developed and developing nations over funding and benefit-sharing mechanisms.
- COVID-19 Delays: The pandemic disrupted critical negotiations, delaying progress.
- Technical Complexities: Addressing The interconnectedness of marine ecosystems required reconciling science, law, and policy.
- Industry Pushback: Resistance from fishing, oil, and gas industries, whose interests often conflicted with conservation goals.
Risks Associated with The Agreement:
- Limited Scope: Excludes critical activities like fishing and deep-sea mining, which are major contributors to marine degradation.
- Weak Enforcement Mechanisms: Absence of a robust international enforcement agency undermines compliance.
- Social Inequities: Risk of marginalising vulnerable coastal communities reliant on marine resources.
- Jurisdictional Ambiguities: Overlapping claims and unclear legal frameworks may fuel disputes.
Challenges with The Agreement:
- Ratification Hurdles: Only 14 of The 104 signatories have ratified The treaty, well below The required 60.
- Capacity Gaps: Developing countries lack resources and technology to enforce or benefit from The treaty.
- Fragmented Governance: Ineffective integration of high-seas regulations with existing coastal management frameworks.
- Industry Resistance: Profit-driven sectors may exploit loopholes to evade compliance.
Way Forward for The Agreement to Succeed:
- Enhanced Funding: Wealthier nations must contribute to a global fund supporting treaty implementation.
- Capacity Building: Facilitate technology transfer and skill development for equitable participation.
- Unified Governance: Align domestic and international legal frameworks to bridge gaps.
- Robust Enforcement: Establish an international oversight body to monitor compliance and resolve disputes.
- Collaborative Approach: Engage all stakeholders, including coastal states, industries, and indigenous communities, to ensure inclusivity.
What Does This Agreement Mean for India and The World?:
India’s Role
India’s ratification highlights its dedication to global maritime governance. As a coastal state with a rich maritime heritage, India must:
- Align its domestic policies with treaty mandates.
- Advocate for equitable benefit-sharing mechanisms.
- Leverage The treaty to strengthen regional cooperation in The Indian Ocean.
Global Impact
The treaty is a critical step toward achieving The UN Sustainable Development Goal 14 (Life Below Water) by promoting conservation and sustainable use of marine resources. If implemented effectively, it could:
- Mitigate The adverse effects of climate change.
- Enhance biodiversity conservation.
- Set a precedent for collective global action in addressing transboundary environmental challenges.
