The UN High Seas Treaty (BBNJ Agreement), finalised in March 2023 and set to enter into force in January 2026, marks a milestone in international environmental law. It seeks to ensure the conservation and sustainable use of marine biodiversity in the global commons.
Significance of the High Seas Treaty:
- Fills a Major Governance Gap: Earlier, the UNCLOS (1982) regulated navigation and resource use but lacked mechanisms for biodiversity protection beyond national borders. The BBNJ treaty providing the first global legal tool for protecting marine life in international waters.
- Marine Protected Areas (MPAs): The treaty enables the creation of MPAs in the high seas, crucial for achieving the 30×30 goal (protecting 30% of the oceans by 2030) under the Kunming–Montreal Global Biodiversity Framework.
- Equitable Sharing of Marine Genetic Resources (MGRs): Establishes frameworks for fair benefit-sharing from deep-sea genetic material used in pharmaceuticals and biotechnology, echoing principles of the Nagoya Protocol.
- Climate and Ecological Benefits: Oceans absorb 25% of human-induced CO₂ emissions and 90% of excess heat. Safeguarding deep-sea ecosystems enhances their carbon sequestration capacity and climate resilience.
- Scientific and Technological Cooperation: Promotes technology transfer and capacity-building for developing nations — bridging global scientific inequities in ocean research.
Challenges and Limitations:
- Participation Deficit: Despite 60 ratifications (2025 milestone), major players like India, the US, China, and Japan are yet to ratify, limiting universality.
- Weak Enforcement Mechanism: The treaty lacks a punitive compliance regime, relying instead on voluntary cooperation and national enforcement.
- Ecological dilemma: Tensions persist between environmental protection and economic interests such as deep-sea mining and industrial fishing, especially by developed states.
- North–South Divide: Developing nations seek financial and technological assistance for implementation, while developed nations show reluctance in sharing resources.
- Institutional problems: Multiple global bodies such as IMO, FAO, and ISA already manage parts of ocean governance, creating risks of duplication and jurisdictional conflicts.
Way Forward:
- Universal Ratification: Encourage all major maritime powers to join and operationalise the treaty.
- Strengthen Monitoring: Establish a transparent compliance and reporting mechanism under a Conference of Parties (CoP).
- Dedicated Financing: Create a Global Marine Biodiversity Fund for capacity building and enforcement.
- Integrate with Blue Economy: Align conservation goals with sustainable economic activities like eco-tourism and renewable ocean energy.
Conclusion:
The High Seas Treaty is a “once-in-a-generation” opportunity to secure the health of the global commons. As oceans regulate Earth’s climate and sustain billions, protecting the high seas is central to humanity’s ecological and economic future.
‘+1’ Value Addition:
- Morocco became the 60th country to ratify, enabling treaty enforcement from January 2026.
- The treaty aims to protect 30% of global oceans by 2030.
- Oceans absorb 25% of anthropogenic CO₂ and support 3 billion people’s livelihoods.
- India’s has signed but not yet ratified the treaty. India aims to align with its Deep Ocean Mission and Blue Economy Policy.
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