India Signs Treaty to Safeguard Marine Biodiversity on High Seas at UNGA

India has signed the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, adopted in 2023 by the Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction.

It is implemented by The Ministry of Earth Sciences in India.

About the High Seas Treaty (BBNJ Agreement)

The treaty is an international accord under the United Nations Convention on the Law of the Sea (UNCLOS).
Objective: To conserve and sustainably use marine biodiversity in areas beyond national jurisdiction.

Key Features:

• Defines and establishes marine protected areas in biodiversity-rich, stressed ocean regions.
• Prohibits nations from exercising sovereign rights over marine resources from the high seas.

Importance for India:

• It Enhances India’s strategic presence beyond its Exclusive Economic Zone (EEZ-200nm).
• Supports progress toward the Sustainable Development Goals (SDGs), especially SDG14 (Life Below Water).
• Strengthens India’s marine conservation efforts and fosters new opportunities for scientific research and development.
• Encourages the use of traditional and scientific knowledge.

The Agreement Addresses Four Core Areas:

1. Marine genetic resources, with equitable sharing of benefits.
2. Area-based management tools, including marine protected areas.
3. Environmental impact assessments.
4. Capacity-building and transfer of marine technology.

United Nations Convention on the Law of the Sea (UNCLOS):

Introduction

The United Nations Convention on the Law of the Sea (UNCLOS), a landmark international treaty, was adopted and signed in 1982.

It replaced the four Geneva Conventions from April 1958, which dealt with the territorial sea, contiguous zones, continental shelves, high seas, and the conservation of living marine resources.

Institutions Established by UNCLOS

UNCLOS led to the creation of three new bodies:

1. Tribunal for International Law of the Sea
2. Authority for the International Seabed
3. Commission on Continental Shelf Boundaries

Key Features of UNCLOS

Under UNCLOS, coastal nations are granted economic rights up to 200 miles from their shoreline. This area is known as the Exclusive Economic Zone (EEZ), where the country can utilize the sea and seabed for economic purposes.

Another significant organization involved in implementing UNCLOS is the International Maritime Organization (IMO). Other key players in maritime law are the International Seabed Authority and the International Whaling Commission.

International Whaling Commission

The International Whaling Commission (IWC) is an international body created by the International Convention for the Regulation of Whaling (ICRW), which regulates whaling activities across its 59 member nations. The ICRW was signed in Washington, D.C., in 1946.

The IWC is headquartered in Impington, near Cambridge, England. In 1986, the IWC imposed a ban on commercial whaling, which remains in effect today.

Maritime Zones under UNCLOS

• Baseline: The baseline is the low-water line along the coast, as recognized by the coastal state.
• Internal Waters: These are waters on the landward side of the baseline. Coastal states have full sovereignty over their internal waters, and foreign vessels do not have the right to innocent passage.
• Territorial Sea: Extends up to 12 nautical miles from the baseline. Coastal states have full sovereignty over this zone, but must allow for innocent passage.
• Contiguous Zone: Extends up to 24 nautical miles from the baseline. In this zone, a state can enforce laws regarding customs, immigration, and sanitation.
• Exclusive Economic Zone (EEZ): Extends up to 200 nautical miles from the baseline, where coastal states have rights to explore and exploit natural resources.
• High Seas: Areas beyond the EEZ are considered the high seas, which are not under any nation’s jurisdiction and are open for peaceful activities like navigation and research.

The ‘Enrica Lexie’ Case and UNCLOS

In February 2012, two Italian marines aboard the Italian oil tanker Enrica Lexie mistakenly fired at an Indian fishing boat, killing two fishermen off the coast of Kerala in India’s contiguous zone.

India arrested the marines on murder charges, but Italy contested India’s jurisdiction, citing Article 97 of UNCLOS. The Indian Supreme Court ruled that India has jurisdiction over its entire EEZ, making the case triable in India.

Italy then approached the International Tribunal for the Law of the Sea (ITLOS) in 2015, which ordered both countries to suspend all prosecutions. The case eventually shifted to the Permanent Court of Arbitration, where it was ruled that the marines would face trial in Italy, not India.

This incident strained diplomatic relations between India and Italy.

Governance under UNCLOS: International Tribunal for the Law of the Sea (ITLOS)

ITLOS is a multilateral body established in 1996 under UNCLOS. Headquartered in Hamburg, Germany, it resolves disputes related to the interpretation of the Convention, covering issues like maritime zone delimitation, fisheries, and marine environmental protection.

Oil Exploration in the Philippines’ EEZ

The Philippines has resumed oil exploration within its Exclusive Economic Zone (EEZ), an area where coastal states have exclusive rights to maritime resources, as outlined in UNCLOS. This region includes Reed Bank, an area also claimed by China and located in the South China Sea.

South China Sea Disputes

The South China Sea, a crucial part of the western Pacific Ocean, is claimed by several countries including China, Vietnam, the Philippines, Malaysia, and Brunei. China claims the largest portion through its controversial “nine-dash line.”

This area is strategically important, linking the Indian and Pacific Oceans and holding one-third of the world’s marine biodiversity, along with substantial oil and gas reserves.

Strategic Importance of the South China Sea

The South China Sea serves as a critical passage for global shipping, with one-third of international trade passing through its waters. According to UNCTAD, it also plays a key role in food security and energy supply for Southeast Asian nations, making it a highly contested region geopolitically.

United Nations Conference on Trade and Development (UNCTAD)

UNCTAD, established in 1964, is the main UN body that addresses trade, investment, and development issues. It is headquartered in Geneva, Switzerland, and is part of the UN Development Group.

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