For the first time, United Nations members have agreed for an early conclusion of the International Legally Binding Instrument of BBNJ under the United Nations Convention on the Law of the Sea (UNCLOS).

Background

• The UN Convention on the Law of the Sea was established in 1994 before marine biodiversity became a well-established concept
• An updated framework to protect marine life in the high seas had been in discussions for over 20 years.
• BBNJ is an agreement that aims to protect marine biodiversity in areas beyond national jurisdiction (ABNJ).
• ABNJ refers to the high seas, which are not governed by any country but are still important for global biodiversity.

What is the BBNJ treaty?

• The BBNJ Treaty also called the Treaty of the High Seas, is an international agreement that aims to preserve and sustainably use the marine biodiversity of areas beyond national jurisdiction.
• This includes the high seas, which are outside of countries’ exclusive economic zones and makeup nearly half of the Earth’s surface.
• These areas are currently poorly regulated and only 1% of them are protected.
• The High Ambition Coalition on BBNJ was launched in February 2022 to negotiate and achieve a comprehensive and ambitious outcome.

Key areas of agreement

The negotiations focus on elements agreed upon such as the-

1. Conservation and sustainable use of marine genetic resources,
2. Area-based management tools like marine protected areas,
3. Environmental impact assessments, and
4. Capacity-building and technology transfer

Consensus reached

• A new body will be created to manage the conservation of ocean life and establish marine protected areas in the high seas
• The treaty establishes ground rules for conducting environmental impact assessments for commercial activities in the oceans
• Several marine species, including dolphins, whales, sea turtles, and many fish, make long annual migrations, crossing national borders and the high seas

What is the significance of this treaty?

• Beyond jurisdiction coverage: BBNJ refers to the areas beyond the jurisdiction of any single country, such as the high seas, the deep sea floor, and the international seabed area. These areas are critical for the health of the ocean, the well-being of coastal people, and the overall sustainability of the planet.
• Covers entire oceans: BBNJ comprises 95% of the ocean and provides invaluable ecological, economic, social, cultural, scientific, and food-security benefits to humanity.
• Hard-arrived consensus: BBNJ is governed by a patchwork of international agreements, conventions, and bodies, but there is no single comprehensive framework that regulates activities in these areas.

Various threats

• BBNJ, despite its resilience in the past, is currently at risk due to several emerging dangers such as pollution, overexploitation, and the observable consequences of climate change.
• In the future, the escalating need for marine resources, whether for food, minerals, or biotechnology, may intensify these issues.
• For example, deep-sea mining, where valuable metals are extracted from the ocean floor, is becoming more prevalent despite the fact that little is known about the biodiversity in these areas.

Why protect deep seas?

• The deep seafloors, believed to be the harshest habitat, are also facing the extinction process.
• A recent study assessed 184 species of Molluscs in the deep sea and found that 62% are listed as threatened: 39 are critically endangered, 32 are endangered and 43 are vulnerable.
• Yet, the International Seabed Authority, a Jamaica-based intergovernmental body, is allowing deep-sea mining contracts.

Way forward

Ans. Create legally binding instrument

• To address these threats, there is a need for a legally binding instrument for BBNJ.
• The instrument would provide a framework for the conservation and sustainable use of BBNJ and would address gaps in the current international legal regime.
• The legally binding instrument would establish a mechanism for the conservation and sustainable use of BBNJ, including measures to protect biodiversity, manage human activities, and ensure the equitable sharing of benefits.
• It would also provide for capacity-building and technology transfer to support the implementation of these measures.

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