UN High Seas Treaty [UPSC Notes]

The ‘Treaty of the High Seas’, also known as the ‘BBNJ Treaty’ is an international agreement on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction within the framework of the UNCLOS. What does the Treaty of the High Seas say? Why is it significant? Read this article to understand this important topic, especially relevant for the IAS exam environment & ecology segment.

What is the High Seas Treaty?

Representatives, part of the Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction, commonly referred to as BBNJ, from over 100 nations have finished drafting a United Nations agreement to safeguard the open ocean. It had been under negotiations for over 10 years and was finalized in March 2023 after 5 rounds of negotiations. 

This is a significant achievement, which environmental organisations believe will contribute to preserving marine biodiversity and promoting sustainable development. It is being called the most important environmental agreement since the Paris Convention of 2015 and the first treaty signed for the protection of the oceans after the UNCLOS in 1982.

• The High Seas Treaty will be implemented under the UNCLOS. 
• The treaty will complement the aim of UNCLOS similar to the working of the Paris Agreement under the UN Framework Convention on Climate Change (UNFCCC).
• After almost 20 years of discussions, the United Nations finally approved a historic international high seas treaty on 19 June 2023.

What are High Seas and the biodiversity risks there?

Around 66% of the world’s oceans are classified as international waters or high seas, where all nations are entitled to conduct research, shipping, and fishing activities. However, only approximately 1% of these areas have been safeguarded so far. This puts the vast majority of marine organisms residing on the high seas under threat from various hazards such as overfishing, climate change, and shipping traffic.

According to IUCN, nearly 10% of marine species are at risk of extinction, mainly due to pollution and overfishing. Organisms like abalones, sharks and whales, which are highly valued for food and drugs, are under heavy pressure. 

41% of the total threatened species are also getting affected by climate change. Slightly over 25% of carbon dioxide released into the atmosphere is being taken in by the ocean. As a result, the ocean’s acidity is increasing, leading to reduced productivity and the endangerment of particular species and ecosystems. 

Studies published in the journal Science reveal that climate change has caused a 20-fold surge in marine heat waves. These phenomena can result in extreme events such as cyclones, as well as mass mortality events.

Image source: BBC

What were the major points of contention?

Economic concerns emerged as a significant point of contention, with developing nations requesting a more significant portion of the rewards from the “blue economy,” as well as the transfer of technology. At present, wealthier countries possess the resources and financing to explore the deep ocean, while developing nations wanted to guarantee that any advantages they uncover are divided equally.

A resolution to distribute the benefits arising from the utilization of “marine genetic resources” in sectors such as biotechnology was another such issue that persisted until the conclusion of the negotiations.

High Seas Treaty/Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ) Treaty Features

1. Provision of funding to help developing countries implement the treaty.
2. Clearing-house mechanism to be established. 
3. The draft also adds that no State can claim its right over marine genetic resources of areas beyond its national jurisdiction.
4. 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”. 
5. Environmental impact assessments need to be carried out before the exploitation of marine resources. 
6. Use and activities regarding marine genetic resources of areas on high seas should be in the interests of all States. It should be for the benefit of humanity.
7. Set up an access- and benefit-sharing committee to frame guidelines. 
8. Demarcation, preservation and protection of marine protected areas (MPAs).
9. Sustainable use of marine genetic resources and equitable sharing of benefits arising from them.
10. EIA (environmental impact assessments) for all major activities in the oceans.
11. Capacity building and technology transfer.

High Seas Treaty Significance

• The High Seas are experiencing a variety of threats due to human actions. Only a small portion of the open ocean is currently under any form of safeguard, and as pollution, acidification, and overfishing continue to increase, this poses an escalating danger. Over the past 10 years, the oceans have absorbed 23% of human-induced carbon emissions.
• This is an important means to achieve the 30-by-30 target decided upon during the COP 15 Biodiversity Summit. The target aims to bring 30% of Earth’s land, and 30% of its seas under the Protected Area Network by the Year 2030.
• The Treaty also seeks to bring us closer to achieving SDG 14 “Life below water”.

This legally binding pact would establish protected regions in 30% of the planet’s oceans, allocate more funds to marine conservation, and address the utilization of marine genetic resources.

Apart from this, the treaty will also have safeguards with respect to deep sea mining, as it can bring various challenges like damaging the breeding grounds of the marine organisms, disturbance in the deep sea sediments, noise pollution and other interference that can affect the migration and breeding patterns, etc. According to the International Seabed Authority, the licensing authority for the high sea mining operations, Environmental Impact Studies will need to be undertaken in order to commence the mining activities.

Moreover, as a shot in the arm for the concept of equity, there will be provisions for distributing marine genetic resources, including biological specimens obtained from oceanic flora and fauna, which can offer advantages for society, such as pharmaceuticals and food.

This however is not the end. Nations will need to convene once more to formally approve the accord, and then will have a significant amount of tasks to complete before the treaty can be put into effect.

UN High Seas Treaty:- Download PDF Here