The High Seas Treaty is a crucial international agreement aimed at protecting the vast ocean areas that lie beyond any country’s jurisdiction. These waters, known as the high seas, cover more than half of the Earth’s surface and are home to a diverse range of marine life. The treaty focuses on conserving marine biodiversity, regulating activities such as fishing and mining, and ensuring the sustainable use of ocean resources. By setting rules and guidelines, the High Seas Treaty aims to prevent overexploitation and environmental damage, promoting a healthier and more sustainable ocean ecosystem for future generations.
Tags: GS – 1, Geography- Water Resources, GS – 2, IR- International Treaties & Agreements. GS – 3, Ecology & Environment- Biodiversity- Conservation
Prelims: BBNJ, UNCLOS, UNGA, Covid-19, 1958 Geneva Convention, EEZ.
Mains: Treaty on the High Seas.
Context:
- Recently, India’s decision to sign and ratify the High Seas Treaty, also known as the Biodiversity Beyond National Jurisdiction (BBNJ) agreement, aimed at conserving and sustainably using marine biological diversity in areas beyond national jurisdiction.
What is the BBNJ Treaty?
- About:
- The BBNJ treaty, commonly referred to as the Treaty of the High Seas, was agreed upon in March 2023 for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction.
- The treaty aims to address the challenges faced by the high seas, which constitute areas beyond 200 nautical miles from the exclusive economic zones of coastal countries.
- So far, 88 countries have signed the treaty, with Chile and Palau being the only two to have ratified it.
- However, at least 60 ratifications are necessary for it to come into force.
- Objectives:
- The treaty seeks to increase the percentage of protected areas on the high seas, which currently stands at a mere 1.44%, despite covering more than two-thirds of the global ocean.
- It aims to ensure fair and equitable sharing of profits from marine genetic resources (MGR) and establish rules for conducting Environmental Impact Assessments (EIA), which deal with identifying and evaluating the potential impacts an activity could have on the ocean.
- This aligns with the 30×30 target, a global commitment to protect at least 30% of the planet for nature by 2030.
- It was agreed upon at the Convention on Biological Diversity (CBD) at the Conference of Parties (COP15) to the UN Convention on Biological Diversity in 2022 and is included in the Kunming-Montreal Global Biodiversity Framework.
What is the High Seas Treaty?
Background:
- The United Nations Convention on the Law of the Sea (UNCLOS) was adopted in 1982 to govern oceanic rules and resource usage, but it lacked a comprehensive framework for the high seas.
- With global concerns like climate change rising, there was a need for an international legal framework to safeguard oceans and marine life.
- In 2015, the United Nations General Assembly (UNGA) decided to develop a legally binding instrument under UNCLOS.
- The Intergovernmental Conference (IGC) was subsequently convened to draft a legal instrument on BBNJ (Biodiversity Beyond National Jurisdiction).
- Progress was delayed due to the COVID-19 pandemic, prompting the European Union to launch the High Ambition Coalition on BBNJ in 2022 to expedite the agreement.
Key Features:
- Access and Benefit-sharing Committee:
- Establishes a committee to ensure equitable sharing of benefits from marine genetic resources in the high seas, promoting peaceful activities for the benefit of all states and humanity.
- Environmental Impact Assessments:
- This includes screening, scoping, assessing impacts on the marine environment, and identifying measures for prevention and management of adverse effects.
- Consent from Indigenous Community:
- Mandates that marine resources in areas beyond national jurisdiction, held by indigenous peoples and local communities, can only be accessed with their free, prior, and informed consent or involvement.
- No State Claims:
- Prohibits any state from asserting rights over marine genetic resources in areas beyond national jurisdiction.
- Clearing-House Mechanism:
- Requires members to provide the Clearing-House Mechanism (CHM) with details such as research objectives, geographical collection areas, and sponsor names.
- Funding:
- Establishes a special fund, determined by the Conference of Parties (COP), to support the treaty’s implementation and oversight.
- Significance:
- The treaty aligns with the 30×30 target set at UN CBD COP15, where countries committed to protecting 30% of the oceans by 2030, contributing significantly to global biodiversity conservation efforts.
Comparison with the Paris Agreement:
- Scope and Focus:
- High Seas Treaty: It aims to establish rules for marine genetic resources, environmental impact assessments, and equitable benefit-sharing.
- Paris Agreement: Targets mitigation of greenhouse gas emissions, adaptation to climate impacts, and the transition to low-carbon economies to limit global temperature rise.
- Legal Framework:
- High Seas Treaty: Operates within the framework of the United Nations Convention on the Law of the Sea (UNCLOS), addressing gaps in international law for high seas governance.
- Paris Agreement: Is a standalone international treaty under the United Nations Framework Convention on Climate Change (UNFCCC), focusing on climate actions by signatory nations.
- Multilateral Cooperation:
- Both Treaties:They encourage collaborative efforts to address global environmental challenges that transcend national boundaries.
- Objectives and Targets:
- High Seas Treaty: Aims to protect and sustainably manage marine biodiversity, establish marine protected areas, and ensure fair access to marine genetic resources.
- Paris Agreement: Sets targets for global temperature rise limitation, adaptation to climate impacts, and financial support for climate-resilient development in vulnerable countries.
- Implementation and Monitoring:
- Both Treaties: They promote transparency, accountability, and the exchange of best practices to achieve treaty goals.
Significance for India:
- Marine Biodiversity Conservation: India’s diverse coastal ecosystems are vital for ecological balance and fisheries. The treaty’s focus on marine protected areas aligns with India’s CBD efforts.
- Legal Framework and UNCLOS Alignment: Ratifying the treaty reinforces India’s adherence to UNCLOS, ensuring clear governance beyond national waters.
- Resource Management and Economic Benefits: Access to marine genetic resources supports India’s biotech and pharma sectors, promoting fair benefit-sharing.
- Climate Adaptation and Resilience: Treaty EIAs help India assess climate impacts on coastal areas, aiding resilience strategies.
- International Diplomacy and Cooperation: Ratification boosts India’s global environmental leadership and multilateral cooperation.
- Capacity Building and Technology Transfer: Treaty initiatives enhance India’s marine research and conservation capabilities, supporting sustainable development goals.
Challenges:
- Implementation Hurdles: Translating treaty provisions into national policies and practices poses challenges due to varying capacities and priorities among member states.
- Enforcement and Compliance: Ensuring adherence to treaty obligations, especially regarding EIAs and benefit-sharing, requires robust monitoring and enforcement mechanisms.
- Scientific and Technological Capacity: Developing countries, including India, may face barriers in accessing and utilising advanced technologies and scientific expertise for effective marine resource management.
- Financial Constraints: Funding mechanisms for treaty implementation, including the establishment of a special fund, may require substantial contributions and sustained financial support from member states.
- Indigenous and Local Community Involvement: Securing free, prior, and informed consent from indigenous and local communities for accessing marine resources poses ethical and procedural challenges.
- Adaptation to Changing Environmental Conditions: Adapting to dynamic environmental changes, such as ocean acidification and sea-level rise, requires continuous scientific research and adaptive management strategies.
Conclusion:
Hence, while the High Seas Treaty offers a pivotal framework for global marine conservation and equitable resource management, its success hinges on overcoming implementation hurdles, ensuring robust compliance, fostering international cooperation, and addressing the diverse challenges posed by climate change and sustainable development goals.
Source: IE
FAQs
Q: What is the High Seas Treaty?
- Answer: The High Seas Treaty is an international agreement aimed at protecting and managing the oceans that lie beyond any country’s national borders. It focuses on conserving marine life, regulating activities like fishing and mining, and ensuring the sustainable use of ocean resources.
Q: Why is the High Seas Treaty important?
- Answer: The High Seas Treaty is important because it helps protect marine ecosystems from over-exploitation and pollution. By setting rules and guidelines, it ensures that the high seas remain healthy and productive for future generations.
Q: How does the High Seas Treaty affect fishing?
- Answer: The treaty helps regulate fishing on the high seas by setting limits on how much fish can be caught and ensuring that fishing practices are sustainable. This prevents overfishing and helps maintain fish populations.
Q: Who is involved in the High Seas Treaty?
- Answer: The treaty involves countries from around the world. Each country agrees to follow the rules and guidelines set by the treaty to help protect the high seas. International organizations also play a role in monitoring and enforcing these rules.
Q: What are the benefits of the High Seas Treaty?
- Answer: The benefits include healthier marine ecosystems, more sustainable use of ocean resources, and better international cooperation. This can lead to more stable fish populations, less pollution, and more opportunities for scientific research and conservation efforts.
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