TREATY ON MARINE BIODIVERSITY OF AREAS BEYOND NATIONAL JURISDICTION - ENVIRONMENT

News:

       The UN member states agreed on a historic treaty for protecting marine life in international waters that lie outside the jurisdiction of any country, marking the culmination of over a decade of negotiations to protect the high seas that cover nearly two-thirds of the global ocean.

 

About the treaty:

       The draft agreement of the ‘High Seas Treaty’ recognises the need to address biodiversity loss and degradation of ecosystems of the ocean and proposes rules to protect oceans outside national borders and regarding the sustainable use of its resources.

       It places “30% of the world’s oceans into protected areas, puts more money into marine conservation and covers access to and use of marine genetic resources,” as per the United Nations.

       A marine protected area (MPA) is defined as a “geographically defined marine area that is designated and managed to achieve specific long-term biodiversity conservation objectives and may allow, where appropriate, sustainable use provided it is consistent with the conservation objectives.”

Key features:

1. Developing countries access to benefits:

       The treaty has agreed to set up an access and benefit-sharing committee to frame guidelines for the developing countries access to benefits reaped from the commercialisation of resources (especially genetic resources) extracted from the ocean.

2. Marine EIA:

       Signatories will have to conduct environmental impact assessments before the exploitation of marine resources.

3. Consent of indigenous people:

       It stipulates that marine resources in areas beyond national jurisdiction that are held by indigenous people and local communities can only be accessed with their free, prior and informed consent or approval and involvement.

4. Jurisdiction:

       No State can claim its right over marine genetic resources of areas beyond national jurisdiction.

5. Clearing house mechanism:

       Members will have to provide the clearing-house mechanism, established as part of the treaty, with details like the objective of the research, geographical area of collection, names of sponsors.

6. Funding mechanism:

       Provision of funding to help developing countries implement the treaty.

       A special fund will be established which will be fixed by the conference of parties, which will be formed as part of the pact.

 

Evolution of the treaty:

       In 1982, the UN Convention on the Law of the Sea was adopted.

       The Convention delineated rules to govern the oceans and the use of its resources.

       After years of informal discussions, the UNGA decided in 2015 to develop a legally binding instrument within the framework of UNCLOS.

       Subsequently, the IGC was convened to frame a legal instrument on Biodiversity Beyond National Jurisdiction (BBNJ).

       Last year, the European Union launched the High Ambition Coalition on BBNJ to finalise the agreement at the earliest.

       At the Conference of Parties of the Convention on Biological Diversity (COP15), countries agreed to protect 30% of oceans by 2030, as part of the ’30 x 30 pledge’ made by the historic Kunming-Montreal Global Biodiversity Framework (GBF) in December 2022.

 

Significance:

       The pact will be crucial for addressing the planetary crisis of climate change, biodiversity loss and pollution.

       This treaty will be very useful to protect the Marine biodiversity and the local people around the Marine areas.

 

About high seas:

       Parts of the sea that are not included in the territorial waters or the internal waters of a country are known as the high seas, according to the 1958 Geneva Convention on the High Seas.

       It is the area beyond a country’s Exclusive Economic Zone which extends up to 200 nautical miles (370 km) from the coastline and till where a nation has jurisdiction over living and non-living resources.

       No country is responsible for the management and protection of resources on the high seas.

 

Importance of the high seas:

       The high seas account for more than 60% of the world’s ocean area and cover about half of the Earth’s surface, which makes them a hub of marine life.

       They are home to around 2.7 lakh known species, many of which are yet to be discovered.

       The high seas regulate the climate by playing a fundamental role in planetary stability by mitigating the effects of climate change through its absorption of carbon and by storing solar radiation and distributing heat around the globe.

       In addition, the ocean provides a wealth of resources and services, including seafood and raw materials, genetic and medicinal resources, air purification, climate regulation, and aesthetic, scientific and cultural services.

 

Issues in the high seas:

1. El Nino problem:

       These oceans absorb heat from the atmosphere, are affected by phenomena like the El Nino, and are also undergoing acidification - all of which endanger marine flora and fauna.

2. Ocean acidification:

       Several thousand marine species are at a risk of extinction by 2100, if current warming and acidification trends continue.

3. Anthropogenic pressures:

       These pressures on the high seas include seabed mining, noise pollution, chemical spills and fires, disposal of untreated waste (including antibiotics), overfishing, introduction of invasive species, and coastal pollution.

       Despite the alarming situation, the high seas remain as one of the least-protected areas, with only about 1% of it under protection.