High Seas Treaty, Objectives and Need for the Treaty

Context: India is unlikely to ratify the ‘High Seas Treaty’ at the upcoming U.N. Ocean Conference.

What are High Seas?

• High seas are areas of oceans that lie beyond countries’ national waters (beyond 200 nautical miles).
• These are the largest habitats on Earth and are home to millions of species.
• High seas comprise more than 60% of the world’s oceans and nearly ½ of the planet’s surface.

About High Seas Treaty

• Officially titled the “Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ)”, commonly known as the High Seas Treaty.
• It is a new international legal framework under UNCLOS (United Nations Convention on the Law of the Sea) aimed at protecting ocean ecosystems that lie beyond national jurisdictions.
• It is the third implementing agreement under UNCLOS, following the last one in 1982.
• Main Negotiators: EU, US, UK, and China played lead roles.
• Supports the 30×30 goal: Protect 30% of land and sea by 2030.
• Legally safeguards two-thirds of the ocean, covering over 40% of Earth’s surface.
• Crucial for endangered marine species and coastal livelihoods.

Key Objectives

• Marine Conservation
• Equitable Benefit Sharing
• Capacity Building & Technology Transfer
• Create Marine Protected Areas (MPAs).
• Set rules for Environmental Impact Assessments (EIAs) in international waters.

Why It’s Needed

• Only 2% of high seas are currently protected.
• 10% of marine species face extinction risks.
• Threats include overfishing, deep-sea mining, acidification, and pollution.
• Calls for such a treaty have existed for over two decades.

Objectives and Framework of the BBNJ Agreement

• Adopted in March 2023.
• It serves as the third implementing agreement under the United Nations Convention on the Law of the Sea (UNCLOS).
  • It is a first-ever treaty to protect the world’s oceans that lie outside national boundaries.
• Its primary objectives include:
  • Conserving Marine Biodiversity: Establishing measures to protect diverse marine life.
  • Equitable Sharing of Benefits: Ensuring that profits derived from marine genetic resources are shared fairly among nations.
  • Environmental Impact Assessments (EIAs): Mandating assessments for activities that may harm marine ecosystems.
• The treaty prohibits nations from claiming sovereign rights over high seas resources and promotes international cooperation in managing these areas.

Need for the High Seas Treaty

• The world’s oceans provide oxygen that sustains human and animal life, drive weather systems and store about one-quarter of the planet-heating carbon dioxide generated by human activities.
• According to the Red List of Threatened Species by IUCN, nearly 10 per cent of underwater plants and animals assessed so far are threatened with extinction.
  • According to the World Wildlife Fund (WWF), a third of species, such as sharks and rays, are at risk of extinction.
• According to NASA, 90% of global warming is occurring in the ocean.
  • Effects of ocean warming include sea level rise due to thermal expansion, coral bleaching, accelerated melting of Earth’s major ice sheets, intensified hurricanes, and changes in ocean health and biochemistry.
• Currently, there is no treaty for conserving the health of vast swathes of the Earth’s oceans,
  • Only 1.2% of international waters are protected, and only 0.8% are identified as “highly protected.”

Challenges to the High Seas Treaty

• Lack of Implementation Roadmap: Out of 104 signatories, only 14 have ratified the treaty, far from the 60 required for enforcement.
  • Geopolitical rivalries, especially in the South China Sea and the Bay of Bengal, hinder consensus on establishing Marine Protected Areas (MPAs).
• Contentious Provisions: The treaty mandates profit-sharing from marine genetic resources via a global fund.
  • Critics highlight potential exploitation by wealthier nations, citing the absence of robust accountability mechanisms.
• Conflicts with Other Regimes: Potential overlap with existing frameworks, like the Convention on Biological Diversity, risks fragmenting enforcement and disadvantaging smaller states.
• Capacity-Building Challenges: Low and middle-income nations lack resources for equitable participation in ocean science and governance.
  • The treaty lacks enforceable measures to ensure capacity-building and technology transfers.
• Overlooking Ecosystem Interconnectedness: The treaty’s focus on the high seas ignores the cascading effects of harmful activities in Exclusive Economic Zones (EEZs):
  • Example: The 2021 X-Press Pearl disaster off Sri Lanka caused widespread marine pollution.
  • Overfishing in West African EEZs depletes fish stocks beyond national jurisdictions.
• Gaps in Regulation: Fails to address oil and gas exploration impacts within EEZs, a significant economic interest for many states.
  • Lack of international review for EIAs limits the treaty’s enforcement framework.

India and the High Seas Treaty

• India is unlikely to ratify the High Seas Treaty (BBNJ) at the ongoing UN Ocean Conference in Nice, France.
• India signed the treaty in September 2024, but formal ratification is still pending.
• Amendments to the Biological Diversity Act are required before ratification — expected after the Monsoon Session (July 12–Aug 12).
• As of June 10, 49 countries have ratified the treaty; it will take effect after 60 ratifications.
• India highlighted its marine initiatives:
  • Samudrayaan mission: trial dive to 6,000 metres by 2026.
  • $80+ billion invested in the Blue Economy.
  • Called for a Global Plastics Treaty.
  • Launched ‘SAHAV’ digital ocean data portal.

Why India Has Concerns About Ratifying the High Seas Treaty

• Equity Concerns: India seeks fair sharing of marine genetic resource benefits with developing countries.
• Commercial extraction from the high seas is difficult, and benefit-sharing rules are still under negotiation.
• Implementation Issues: Practical enforcement of EIAs and MPAs in international waters is challenging.
• Ratification Delay: India is aligning the treaty with domestic laws before formal ratification.

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