Source: Indian Express 

Introduction 

The Indian government announced it will sign and ratify the High Seas Treaty, officially known as the Agreement on Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ). This international agreement aims to establish a legal framework for protecting the ecological health of oceans beyond national jurisdiction. Negotiated in 2023, the treaty focuses on reducing pollution, conserving biodiversity, and promoting sustainable use of marine resources on high seas, marking a significant step towards global conservation efforts. 

What are the Objectives of Treaty? 

• Conservation and Protection of Marine Ecology:  
  • To ensure the preservation and sustainable management of marine biodiversity and ecosystems in areas beyond national jurisdiction. 
• Fair and Equitable Sharing of Benefits:  
  • To promote the fair and equitable sharing of benefits arising from the utilization of marine genetic resources, particularly among developing countries and vulnerable communities. 
• Mandatory Environmental Impact Assessments (EIA):  
  • To establish a requirement for conducting environmental impact assessments for any activities that may potentially harm the marine environment, thereby promoting responsible and sustainable practices. 
• Capacity Building and Technology Transfer:  
  • To enhance the capabilities of developing countries in marine scientific research, technology transfer, and marine resource management, facilitating their effective participation in and benefit from ocean conservation and sustainable use efforts. 

What are the Different Types of Areas in the Sea? 

• Exclusive Economic Zone (EEZ):  
  • This is an area extending up to 200 nautical miles (370 km) from a coastal state's baseline. Within this zone, the coastal state has sovereign rights for exploring, exploiting, conserving, and managing natural resources, both living and non-living, of the waters superjacent to the seabed and of the seabed and its subsoil. 
• High Seas (International Waters):  
  • Areas beyond the EEZs of any country, comprising approximately 61% of the total ocean area. These areas are considered global commons, belonging to no single nation, and are open to all states for navigation, overflight, conducting economic activities, scientific research, laying undersea cables, and other lawful uses. 
• Global Commons:  
  • Refers to areas, such as the high seas, that are not subject to national jurisdiction but are considered shared resources of all humanity. All states enjoy freedoms and rights in these areas, ensuring equitable access and use for various purposes while promoting international cooperation and conservation efforts. 

What is the UN Convention on the Law of the Sea (UNCLOS)? 

• About UNCLOS: 
  • Adopted in 1982, UNCLOS is a comprehensive international agreement governing all ocean areas, including territorial waters and international waters. 
  • It establishes the legal framework for maritime governance, defining rights and responsibilities of nations concerning activities in the seas. 
  • UNCLOS delineates boundaries of territorial waters and exclusive economic zones (EEZs), granting sovereign rights over resources within these zones. 
  • It addresses issues like sovereignty, navigation rights, and the exploitation of marine resources such as fish, oil, minerals, and gas. 
  • UNCLOS sets general principles for the protection and conservation of marine biodiversity and ecosystems. 
• Implementation and Gaps: 
  • While UNCLOS provides the framework, it does not specify mechanisms for achieving conservation objectives in international waters, which are considered global commons. 
  • The High Seas Treaty, once in force, will complement UNCLOS by providing specific measures for conservation and sustainable use of marine biodiversity beyond national jurisdictions. 
  •  It will serve as an implementing agreement under UNCLOS, filling gaps related to environmental protection and biodiversity conservation in high seas areas. 

What are Marine Protected Areas (MPA)? 

• MPAs are designated ocean areas like national parks or wildlife reserves on land, aimed at conserving marine biodiversity and ecosystems. 
• Activities within MPAs are regulated and conservation efforts are prioritized to protect marine species, habitats, and ecological processes. 
• Currently, there are approximately 18,200 MPAs worldwide, covering about 8% of the total ocean area. 
• The majority (about 90%) of existing MPAs are located within territorial waters, where individual countries have jurisdiction to enact and enforce regulations. 
• The High Seas Treaty aims to facilitate the establishment of MPAs in areas beyond national jurisdiction (high seas), addressing issues like pollution, over-exploitation of resources, and biodiversity loss. 
• Under international biodiversity frameworks like the Kunming Montreal Global Biodiversity Framework, countries have committed to restoring at least 30% of degraded coastal and marine ecosystems by 2030, with MPAs playing a crucial role in achieving this goal. 

What are the key objectives of the High Seas Treaty Concerning Marine Genetic Resources? 

• The High Seas Treaty aims to ensure fair and equitable sharing of benefits derived from marine genetic resources, which hold significant potential for drug discovery, cosmetics, and other applications. 
• It recognizes the commercial value of these resources but prohibits any country from claiming proprietary rights over them. 
• While acknowledging the costs associated with accessing and utilizing these resources, the treaty emphasizes equal distribution of benefits among all nations. 

What are Environmental Impact Assessments (EIA)? 

• The treaty mandates that any activity with the potential to harm marine ecosystems, whether within national jurisdictions or in the high seas, must undergo a public Environmental Impact Assessment (EIA). 
• EIAs are crucial for evaluating the potential environmental consequences of activities like resource extraction or infrastructure development. 
• By making EIAs mandatory and public, the treaty promotes transparency and informed decision-making regarding marine resource utilization and conservation efforts. 

What are the Steps and Implications of Ratification for International Treaties such as The High Seas Treaty? 

• Ratification Process of the High Seas Treaty: 
  • The High Seas Treaty requires ratification or accession by at least 60 countries to come into force as international law. It becomes effective 120 days after the 60th ratification is submitted. 
• Definition of Ratification: 
  • Ratification is the formal process through which a country agrees to be legally bound by the provisions of an international law or treaty. This step is distinct from merely signing the treaty, which signifies initial agreement with its terms but does not establish legal obligation. 
• Process of Ratification: 
  • In countries with legislative bodies such as parliaments, ratification typically necessitates approval from the legislature. This ensures broad national consent to adhere to the treaty's terms. 
  • In other countries, ratification may require executive approval or accession without legislative endorsement. 
• Consequence of Ratification: 
  • Once ratified, a country is legally bound to follow the treaty's provisions and becomes a party to the treaty. 
  • Countries that sign but do not ratify a treaty are not considered parties to it. For example, the United States signed the 1997 Kyoto Protocol but did not ratify it due to lack of approval from its Senate. 

Conclusion 

The High Seas Treaty represents a critical global effort to safeguard marine biodiversity and promote sustainable use of ocean resources beyond national jurisdictions. By addressing key issues such as conservation, equitable benefit-sharing, environmental impact assessments, and technology transfer, the treaty lays a foundation for responsible stewardship of the high seas. Its successful implementation, contingent upon widespread ratification, will strengthen international cooperation and advance environmental conservation goals outlined in frameworks like the UN Convention on the Law of the Sea. As nations move towards ratification, they commit not only to protecting our oceans but also to ensuring a sustainable future for generations to come.