HIGH SEAS TREATY – ENVIRONMENT

High Seas Treaty – ENVIRONMENT

NEWS: India signed the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, also known as the High Seas Treaty, at the United Nations General Assembly. So far, 105 countries have signed the treaty, and 14 countries have ratified it.

  • The treaty will come into force 120 days after at least 60 countries ratify it.

WHAT’S IN THE NEWS?

Importance of High Seas

  • High seas cover 64% of the ocean surface and account for 43% of the Earth's surface.
  • Home to approximately 2.2 million marine species and up to a trillion microorganisms.
  • Classified as international waters, allowing unrestricted navigation, overflight, economic activities, scientific research, and infrastructure development.

Challenges Facing the High Seas

  • Lack of jurisdiction leads to issues such as:
    • Overexploitation of resources
    • Biodiversity loss
    • Pollution (including 17 million tonnes of plastics dumped in 2021, per UN estimates)
    • Ocean acidification and other environmental concerns.

Scope and Purpose of the High Seas Treaty

  • Applies to areas beyond national jurisdiction, i.e., outside a country’s Exclusive Economic Zone (EEZ) (200 nautical miles from the coastline).
  • Officially titled Agreement on Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction.
  • Serves as an implementation framework under UNCLOS, addressing gaps in ocean conservation and governance.

Key Objectives of the High Seas Treaty

  • Marine Protected Areas (MPAs):

·         Demarcates ocean zones under stress to regulate activities and promote conservation.

·         Only 1.44% of high seas are currently protected (IUCN data).

  • Sustainable Use of Marine Genetic Resources:

·         Ensures equitable sharing of benefits from marine genetic resources.

·         Aims to keep genetic data and associated knowledge open-access and free from restrictive intellectual property controls.

  • Environmental Impact Assessments (EIAs):

·         Mandates prior EIAs for potentially harmful activities in high seas.

·         EIAs must be publicly accessible and also required for activities in national jurisdictions if they affect the high seas.

  • Capacity Building and Technology Transfer:

·         Emphasizes support for small island states and landlocked nations to enable their participation in conservation efforts.

·         Assists in fulfilling treaty obligations like conducting EIAs.


Marine-Protected Areas (MPAs)

  • MPAs are the wildlife reserves of the oceans, focusing on biodiversity conservation.
  • Activities in MPAs will be highly regulated to reduce stress from human activities or climate change impacts.

Marine Genetic Resources

  • The treaty focuses on sustainable exploration of marine life forms for uses such as drug development.
  • Benefits, including monetary gains, must be shared equitably across nations.
  • Ensures open accessibility of data from marine expeditions.

Environmental Impact Assessments (EIAs)

  • EIAs are required for all major oceanic activities potentially damaging marine ecosystems.
  • This includes projects within a country’s jurisdiction if they impact high seas biodiversity.

Capacity Building and Technology Transfer

  • Essential for nations lacking resources or expertise, especially small island developing states and landlocked countries.
  • Aims to enable these countries to:

·         Participate in marine conservation.

·         Benefit from the sustainable use of oceanic resources.

·         Meet treaty obligations without excessive burden.

The Role of UNCLOS

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

·         Provides the foundational framework for ocean governance.

·         Defines key zones:

      • Territorial Sea (TS): 12 nautical miles from the coast; full sovereignty.
      • Exclusive Economic Zone (EEZ): 200 nautical miles; sovereign economic rights below sea surface.
  • Establishes principles for equitable access to ocean resources and biodiversity protection.
  • The High Seas Treaty complements UNCLOS, offering a detailed implementation mechanism for marine biodiversity conservation.

Comparison with Other Environmental Frameworks

  • The High Seas Treaty works similarly to the Paris Agreement under the UNFCCC, focusing on implementation of broader commitments under a specific legal framework.
  • Targets actionable steps to address marine biodiversity loss and resource management beyond national jurisdictions.

Conclusion

  • The High Seas Treaty represents a significant global effort to address governance gaps in international waters.
  • It balances sustainable resource use, biodiversity conservation, and equity, while enhancing cooperation under the UNCLOS framework.
  • Ratification and implementation will be crucial in ensuring the treaty’s success and mitigating risks to marine ecosystems.