29-November-2024-Special-Article

HIGH SEAS TREATY: A MILESTONE IN GLOBAL OCEAN GOVERNANCE

The High Seas Treaty, formally known as the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, was signed by India in September 2024, representing a landmark step in international efforts to protect marine ecosystems.

Developed under the framework of the United Nations Convention on the Law of the Sea (UNCLOS), the treaty aims to conserve biodiversity and ensure sustainable use of marine resources in areas beyond national jurisdiction.

What is the High Seas Treaty?

The BBNJ Agreement focuses on safeguarding marine biodiversity in areas beyond 200 nautical miles (370 km) of Exclusive Economic Zones (EEZs).

• It is the third implementing agreement under UNCLOS, complementing:

1. The 1994 Part XI Implementation Agreement: Addresses mineral resource exploration on the seabed.
2. The 1995 UN Fish Stocks Agreement: Focuses on sustainable management of migratory and straddling fish stocks.

• It supports Sustainable Development Goal (SDG) 14 (Life Below Water).

Importance of the High Seas Treaty

Vast Coverage and Biodiversity

• High seas account for 64% of the ocean surface and 43% of the Earth’s total area.
• They host 2.2 million marine species and countless microorganisms.

Threats to the High Seas

• In 2021, approximately 17 million tonnes of plastic entered the oceans, exacerbating pollution.
• Overfishing, habitat destruction, and climate change-induced acidification threaten marine ecosystems.

Need for Regulation

• High seas, being international waters, lack accountability, leading to unregulated exploitation and biodiversity loss.
• The treaty aims to ensure sustainable use, conservation, and accountability for activities in these regions.

Key Objectives of the High Seas Treaty

Establishing Marine Protected Areas (MPAs)

• Designates areas to protect ecosystems under stress from human activity or climate change, similar to wildlife reserves on land.
• Focuses on conserving marine biodiversity and ecological balance.

Equitable Use of Marine Genetic Resources

• Promotes fair sharing of benefits derived from marine genetic resources, including pharmaceutical applications.
• Advocates for open access to knowledge and innovations.

Environmental Impact Assessments (EIAs)

• Requires thorough assessments of activities with potential harm to marine ecosystems.
• Mandates public disclosure of environmental impacts to enhance transparency.

Capacity Building and Technology Transfer

• Supports developing nations, including small island and landlocked states, to conserve marine ecosystems.
• Encourages technology sharing for sustainable marine resource use.

Ratification and Current Status

• The treaty becomes international law 120 days after 60 countries ratify it.
• As of November 2024, 105 nations have signed the agreement, but only 15 have submitted ratification documents, delaying its enforcement.

Significance for India

Boosting the Blue Economy

• India’s blue economy contributes 4% to its GDP through fisheries, aquaculture, and eco-tourism.
• Protecting fisheries ensures sustainable livelihoods, aligning with initiatives like the Pradhan Mantri Matsya Sampada Yojana (PMMSY).

Addressing Climate Change

• Healthy marine ecosystems act as natural carbon sinks, mitigating climate change.
• Restoring marine habitats helps reduce coastal erosion and safeguard coral reefs, vital for India’s coastline.

Advancing Global Commitments

• Aligns with India’s Sustainable Development Goals (SDG 13: Climate Action and SDG 14: Life Below Water).
• Supports international initiatives like the Paris Agreement (2015) and Mission LiFE (Lifestyle for Environment).

Challenges Facing the Treaty

Slow Ratification

• Only 15 of 105 signatory nations have ratified the treaty due to geopolitical concerns.
• Disputes over maritime territories hinder the establishment of MPAs, especially in sensitive regions like the South China Sea.

Marine Genetic Resource Sharing

• Wealthy nations risk monopolizing benefits from marine genetic resources, excluding less-developed nations.

Overlap with Existing Frameworks

• Conflicts with the Convention on Biological Diversity (CBD) and other frameworks may fragment governance.

Lack of Clear Guidelines

• Broad objectives lack specific implementation mechanisms.
• Environmental Impact Assessments (EIAs) are mandated, but procedural clarity is missing, limiting their impact.

Capacity and Technology Barriers

• Limited enforceable mechanisms for technology transfer could disadvantage developing nations.
• Many regions lack the institutional capacity to monitor and enforce treaty provisions.

Bridging the Gaps

• Linking Coastal and High Seas Governance: Establish integrated frameworks aligning coastal and high-seas regulations for better synergy.
• Encouraging Compliance: Provide financial and technical support to developing nations to enhance capacity.
• Strengthening Accountability: Introduce robust monitoring systems and transparent profit-sharing mechanisms.
• Building Political Consensus: Resolve geopolitical tensions through multilateral cooperation, ensuring treaty success.

Conclusion

The High Seas Treaty is a pivotal step toward achieving sustainable marine biodiversity management. While it aligns with India’s blue economy goals and global commitments, its success hinges on bridging implementation gaps and fostering international collaboration. Addressing these challenges can help realize the treaty’s potential in protecting the ocean for future generations.

Mains Question:

1. Discuss the significance of the High Seas Treaty in addressing global challenges of marine biodiversity conservation and sustainable resource use, highlighting its implications for India’s blue economy and climate commitments. (150 WORDS)