Central Idea

• The Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ) or the High Seas Treaty was adopted by the UN on June 19.
• It became the third agreement under UNCLOS, following the establishment of the International Seabed Authority (ISB) and the Fish Stocks Agreement (FSA).

BBNJ/ High Seas Treaty

• The idea of protecting the marine environment emerged in 2002, leading to the recognition of the need for an agreement in 2008.
• In 2015, the UN General Assembly formed a Preparatory Committee to create the treaty.
• Intergovernmental conferences (IGC) were held, resulting in the adoption of the treaty in 2023.
• The treaty’s objective is to implement international regulations for the protection of marine life beyond national jurisdiction through international cooperation.

Key Provisions of Treaty

(1) Marine Protected Areas:

• The treaty establishes marine protected areas to safeguard the oceans from human activities.
• Decisions on protected areas require a “three-quarter majority vote” to prevent obstruction by a few parties.

(2) Sharing Benefits from Marine Genetic Resources:

• The treaty mandates sharing scientific information and monetary benefits through a “clear house mechanism.”
• The mechanism ensures open access to information on marine protected areas, marine genetic resources, and area-based management tools.

(3) Capacity Building and Marine Technology:

• The treaty emphasizes capacity building and the use of marine technology for environmental impact assessment.
• The Scientific and Technical Body will create standards and guidelines, assisting countries with limited capacity in carrying out assessments.

Challenges and Controversies

(1) Marine Genetic Resources:

• The issue of sharing and exchanging information on marine genetic resources was a contentious point during negotiations.
• Debates focused on monitoring information sharing and the potential hindrance to bioprospecting research.

(2) Definition and Language:

• The use of phrases like “promote” or “ensure” in different parts of the treaty, particularly regarding benefit sharing, sparked heated debates.

(3) Adjacency Issue:

• Negotiations were prolonged due to the need for provisions allowing coastal states to exercise sovereign rights over seabed and subsoil in areas beyond their jurisdiction.
• The interests of landlocked and distant states further complicated decision-making.

Opposition to the Treaty

• Several developed countries opposed the treaty due to their support for private entities involved in advanced research and development of marine technology.
• Russia and China also expressed reservations, with Russia ultimately withdrawing during the final stage of consensus building, arguing that the treaty lacks a balance between conservation and sustainability.

Significance of the treaty

(1) Environmental Preservation:

• The High Seas Treaty is crucial for protecting marine biodiversity and addressing pressing issues such as overfishing and pollution.
• It represents a significant step towards international cooperation in preserving the health and sustainability of our oceans.

(2) Global Cooperation and Research:

• The treaty promotes the sharing of scientific information and encourages collaboration among countries.
• This will foster research initiatives and facilitate a better understanding of marine ecosystems, leading to more effective conservation measures.

Conclusion

• The adoption of the High Seas Treaty marks a significant milestone in international efforts to protect marine biodiversity beyond national jurisdictions.
• While challenges and controversies prolonged the negotiation process, the treaty sets the stage for enhanced global cooperation and the implementation of regulations to safeguard our oceans for future generations.

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