High Seas Treaty
Also known as Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, the treaty aims to protect marine ecosystems and regulate the sustainable use of resources in international waters (areas beyond national jurisdiction).
It is the third implementing agreement under the United Nations Convention on the Law of the Sea (UNCLOS)
India signed the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement on September 25, 2024
Focusing on biodiversity conservation, equitable sharing of marine genetic resources, and mandatory environmental impact assessments (EIAs) for harmful activities.
Challenges and Criticisms
Disputes over territorial waters, especially in areas like the South China Sea, complicate consensus on marine protected areas (MPAs).
Coastal states are concerned that MPAs could affect economic opportunities and territorial claims.
Only 14 of the 104 signatories have ratified the treaty, far from the 60 required to bring it into force.
Disagreements among nations on marine protected areas and resource access slow down progress.
The treaty requires nations to share profits from marine genetic resources, but without strong enforcement, wealthier nations may underreport or avoid sharing profits, undermining the treaty's goals.
Low- and middle-income countries may struggle to benefit from the treaty due to a lack of enforceable mechanisms for technology transfer and equitable partnerships in ocean science.
The treaty could conflict with existing agreements, such as the Convention on Biological Diversity, leading to fragmented enforcement and disadvantaging smaller states.
Activities in Exclusive Economic Zones (EEZs) can negatively impact the high seas.
For example, overfishing or pollution in national waters often extends to international waters, affecting global marine resources.
The treaty doesn’t address the environmental impacts of oil and gas exploration, which remain a significant concern for coastal states and are not covered by the BBNJ Agreement.
Bridging the Divide for Success
The treaty needs to integrate both high-seas and coastal regulations, creating a cohesive global governance framework.
Coastal states, particularly those in the Global South, need incentives to align their laws with international norms.
Wealthier countries must provide technical, financial, and scientific support to ensure equitable sharing of benefits and capabilities.
COMMENTS