Background

• • The BBNJ Agreement, or the ‘High Seas Treaty’, is an international treaty under the United Nations Convention on the Law of the Sea (UNCLOS). 

• ‘High Seas’ are sea areas beyond national jurisdiction and are global common oceans open to all for internationally lawful purposes such as navigation, overflight, laying submarine cables and pipelines, etc.

• It aims to address the growing concerns over the long-term protection of marine biodiversity in the high seas. 
• It sets precise mechanisms for the sustainable use of marine biological diversity through international cooperation and coordination. 
• Parties cannot claim or exercise sovereign rights over marine resources derived from the high seas and ensure fair and equitable sharing of benefits. 
• It follows an inclusive, integrated, ecosystem-centric approach based on the precautionary principle and promotes using traditional knowledge and the best available scientific knowledge. 
• It helps minimise impacts on the marine environment through area-based management tools and establishes rules for conducting environmental impact assessments. 
• It would also contribute to achieving several SDGs, particularly SDG14 (Life Below Water).
• The BBNJ Agreement was agreed upon in March 2023 and is open for signature for two years starting September 2023.
• It will be an international legally binding treaty after it enters force 120 days after the 60th ratification, acceptance, approval or accession. 
• As of October 2024, 105 countries have signed this agreement and 15 countries have ratified it.
• India has signed the treaty in September 2024.

Issues in the Treaty

• Limited Ratification: Only 15 of 105 signatories have ratified the treaty, far from the required 60.
• Geopolitical Rivalries: Disputes in regions like the South China Sea complicate consensus on Marine Protected Areas (MPAs).
• Marine Genetic Resources: Few nations can under report information about marine genetic resources to keep the gains with them and not share with other countries. This could undermine equitable sharing goals.
• Weak Enforcement Mechanisms: The agreement does not have robust accountability and enforceability provisions. Low and middle-income nations may struggle without enforceable mechanisms for equitable partnerships.
• Focus on High Seas: The treaty leaves out damages in the Exclusive Economic Zones (EEZs) of the countries but these localized damages can impact international waters.
  • The 2021 X-Press Pearl disaster off Sri Lanka, which spilled hazardous chemicals into the Indian Ocean, is a stark reminder of how localised incidents can have global repercussions.
• Exclusion of Certain Activities: The agreement does not cover oil and gas exploration activities and does not mandate Environmental Impact Assessment for this activity. Oil and gas exploitation constitutes an important economic interest of countries and this is an important reason for keeping it out of this treaty.

Way Forward

• Integration of Coastal and High-Seas Governance: An unified framework can be created that links governance of Exclusive Economic Zones (EEZs) with high-seas regulations to address interconnected environmental impacts.
• Enhance Ratification and Consensus: Promote dialogue among nations to resolve geopolitical disputes and encourage widespread ratification by providing incentives, especially for nations in the Global South.
• Strengthen Capacity Building and Support: Wealthier nations should commit to providing financial aid, technology transfers, and technical expertise to help low and middle-income countries implement treaty provisions effectively.
• Establish Robust Enforcement Mechanisms: Develop clear accountability systems, including international oversight for environmental impact assessments and transparent sharing of marine genetic resource benefits, to ensure compliance and equity.
• The treaty’s success ultimately depends on building a collective commitment among nations to safeguard the oceans as a shared global resource.