High Seas Treaty will be soon signed and ratified by India on Marine Conservation followed by the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement.
This international treaty, under the United Nations Convention on the Law of the Sea (UNCLOS), aims to protect marine biodiversity in the high seas through international cooperation.
Why is India’s High Sea Treaty in the News?
India has chosen to sign and ratify the High Seas Treaty, a worldwide agreement focused on the conservation and protection of ocean biodiversity.
The treaty, formally known as the Agreement on Biodiversity Beyond National Jurisdictions (BBNJ), was finalized in March 2023.
India is preparing to sign and ratify the High Seas Treaty, a significant agreement designed to protect the oceans beyond national boundaries.
The treaty aims to conserve marine biodiversity, prevent overfishing, and promote the sustainable use of marine resources. By committing to this treaty, India aligns with other nations in a global initiative to protect the high seas, which make up nearly half of the Earth’s surface.
This action highlights India’s commitment to environmental conservation and sustainable development, ensuring the preservation of crucial ocean ecosystems for future generations.
About the High Sea
The high seas refer to the parts of the ocean that are not within the jurisdiction of any country. They make up about 64% of the ocean’s surface and nearly half of the Earth’s surface.
The high seas are beyond the 200–nautical-mile Exclusive Economic Zones (EEZs) of coastal nations, meaning they lie outside any national jurisdiction.
Key points about the high seas:
Biodiversity: The high seas host a vast array of marine life, including many species that are not found anywhere else. This biodiversity is crucial for the health of the entire ocean ecosystem.
Ecological Importance: These areas play a vital role in regulating the Earth’s climate, producing oxygen, and supporting the global food chain.
Economic Activities: The high seas are areas for various economic activities, such as fishing, shipping, and deep-sea mining.
However, these activities can lead to overfishing, habitat destruction, and pollution, threatening the delicate balance of marine ecosystems.
Governance: Because the high seas fall outside national jurisdictions, their governance is complex. International agreements and organizations, such as the United Nations Convention on the Law of the Sea (UNCLOS), aim to regulate activities and ensure the sustainable use of these areas.
Conservation Challenges: Protecting the high seas is challenging due to their vastness, the lack of comprehensive legal frameworks, and the need for international cooperation.
Efforts like the High Seas Treaty seek to address these challenges by establishing regulations to conserve marine biodiversity, prevent overfishing, and promote sustainable practices.
Need for a UN High Seas Treaty
Ocean and Biodiversity: The high seas cover 64% of the ocean surface and 43% of the Earth’s surface. These areas support approximately 2.2 million marine species and up to a trillion microorganisms.
Ocean and Global Climate: Oceans play a crucial role in the global climate system, providing essential ecological services such as absorbing carbon dioxide and excess heat. The proposed treaty is seen as a landmark effort to maintain the planet’s habitability.
Unregulated Human Activities: Climate change is both affecting and being affected by ocean systems, increasing the strain on marine biodiversity from unregulated human activities. The High Seas Treaty aims to address the combined challenges of climate change, biodiversity loss, and pollution.
UNCLOS and Biodiversity Concerns: While UNCLOS calls for countries to protect ocean ecology and conserve resources, it lacks specific mechanisms or processes. The High Seas Treaty is expected to serve as an implementation agreement under UNCLOS, similar to how the Paris Agreement functions under the UN Framework Convention on Climate Change (UNFCCC).
About the UN High Seas Treaty
The UN High Seas Treaty, formally known as the Biodiversity Beyond National Jurisdictions (BBNJ) agreement, represents a crucial international initiative under the United Nations Convention on the Law of the Sea (UNCLOS).
Adopted in 1982 and enforced in 1994, UNCLOS sets the framework for managing and utilizing the world’s oceans and their resources. Despite its comprehensive coverage, UNCLOS has limited provisions for protecting the extensive areas of ocean beyond national jurisdictions, which make up approximately two-thirds of the Earth’s oceanic surface.
Key Provisions of the Treaty
Marine Protected Areas (MPAs): MPAs are specially designated zones aimed at conserving ocean ecosystems and biodiversity threatened by human activities or climate change. These areas in the high seas will be heavily regulated to support conservation efforts, similar to national parks on land. Currently, only about 1.44% of the high seas are protected.
Sustainable Use of Marine Genetic Resources: The treaty addresses the collection and use of genetic material from marine organisms. It aims to ensure that benefits derived from these resources are shared equitably, promoting open access to the resulting knowledge without restrictive intellectual property controls.
Environmental Impact Assessments: The treaty mandates that major activities in the high seas with potential significant impacts on marine ecosystems must undergo environmental impact assessments. The outcomes of these assessments will be shared internationally to foster transparency and informed decision-making.
Capacity Building and Technology Transfer: The treaty emphasizes supporting small island states and landlocked countries by enhancing their capabilities to participate in conservation efforts through capacity building and technology transfer.
Creation of a New Management Body: A new international body will be established to oversee the conservation of marine life and the creation of MPAs in the high seas, ensuring coordinated global efforts.
Status of the Treaty: The treaty will become international law 120 days after at least 60 countries formally ratify it. As of now, 91 countries have signed the treaty, but only eight have completed the ratification process.
What is UNCLOS
The United Nations Convention on the Law of the Sea (UNCLOS) is a comprehensive international agreement that establishes guidelines for the use and management of the world’s oceans and their resources.
Adopted in 1982 and coming into force in 1994, UNCLOS covers various aspects of maritime law, including territorial waters, sea lanes, and ocean resources.
Key Provisions of UNCLOS:
Territorial Sea and Contiguous Zone: UNCLOS defines the limits of a country’s territorial sea up to 12 nautical miles from its coast, within which the country has sovereignty. It also establishes a contiguous zone extending up to 24 nautical miles, where a country can enforce laws concerning customs, immigration, and pollution.
Exclusive Economic Zone (EEZ): Extending up to 200 nautical miles from a country’s coast, the EEZ grants exclusive rights to exploit and manage natural resources, including fishing and mineral extraction.
Continental Shelf: UNCLOS defines the continental shelf of a coastal state, which can extend beyond the EEZ. States have exclusive rights to harvest mineral and non-living resources on the seabed of their continental shelf.
High Seas: Areas beyond national jurisdiction, the high seas are open to all states for activities like navigation, fishing, and scientific research. UNCLOS promotes freedom of the high seas while obligating states to cooperate in conserving living resources.
Marine Environmental Protection: UNCLOS includes provisions for the protection and preservation of the marine environment, requiring states to take measures to prevent, reduce, and control pollution of the marine environment.
Marine Scientific Research: The convention encourages marine scientific research under the jurisdiction of the coastal state, promoting international cooperation and data sharing.
Dispute Resolution: UNCLOS establishes mechanisms for the peaceful resolution of disputes regarding ocean law, including the International Tribunal for the Law of the Sea.
UNCLOS serves as the legal framework for maritime activities and addresses new challenges and issues, such as the conservation of marine biodiversity beyond national jurisdictions through agreements like the UN High Seas Treaty.
India to sign, and ratify High Seas Treaty:
India has decided to sign and ratify the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement. This international treaty, part of the United Nations Convention on the Law of the Sea (UNCLOS), aims to protect marine biodiversity in international waters through global cooperation.
The BBNJ Agreement, also known as the ‘High Seas Treaty,’ ensures that no nation can claim sovereign rights over marine resources in the high seas, which are open to all for activities like navigation, overflight, and laying submarine cables and pipelines.
Following the Cabinet’s approval of the treaty on July 2, Science and Technology Minister Jitendra Singh highlighted India’s dedication to environmental conservation and sustainable development.
The Ministry of Earth Sciences (MoES) will be responsible for implementing the BBNJ Agreement in India.
MoES Secretary Dr M Ravichandran emphasized the treaty’s benefits for India, stating, “The BBNJ Agreement allows us to expand our strategic presence beyond our Exclusive Economic Zone (EEZ), which is very promising. It will bolster our marine conservation efforts, open new opportunities for scientific research, provide access to samples and information, and encourage capacity building and technology transfer.”
Ravichandran stressed that signing the BBNJ Agreement is a crucial step toward ensuring the health and resilience of our oceans.
Explore our courses: https://apnipathshala.com/courses/
Explore Our test Series: https://tests.apnipathshala.com/
