The recent approval by the Union Cabinet for India to sign the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, commonly known as the High Seas Treaty, marks a significant step towards the conservation of marine biodiversity. The Ministry of Earth Sciences will take the lead in implementing this treaty, which aims to address environmental and management challenges in areas beyond national jurisdiction, often referred to as the high seas.
Understanding High Seas and Global Commons
High seas encompass regions that fall outside any country’s territorial waters, typically defined as the area beyond 200 nautical miles from a coastline, known as the Exclusive Economic Zone (EEZ). These expanses constitute approximately two-thirds of the world’s ocean area and are considered global commons—resources shared by all nations with equal rights granted for navigation, economic activity, and scientific research.
BBNJ Agreement Overview
Formally titled the Agreement on Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction, the BBNJ Agreement is an international treaty under the United Nations Convention on the Law of the Sea (UNCLOS). Once it enters into force, it will become the third such implementation agreement under UNCLOS, following the 1994 Part XI Implementation Agreement and the 1995 UN Fish Stocks Agreement.
Signed in 2023, the BBNJ Agreement is open for signature for two years. It will become a legally binding treaty once 60 countries have ratified it, at which point it will enter into force 120 days after the final ratification. As of June 2024, 91 countries have signed the agreement, with eight ratifications.
Key Objectives and Provisions
The primary goals of the BBNJ Agreement are the conservation and sustainable use of marine biological diversity beyond national jurisdiction. It establishes institutional arrangements such as a Conference of Parties (COP) for decision-making, a Scientific and Technical Body (STB) for providing scientific advice, and a Clearing-House Mechanism (CHM) for information dissemination.
The agreement covers four main substantive elements:
- Marine Genetic Resources: This includes fair sharing of benefits from marine genetic resources and recognizes the rights associated with traditional knowledge of Indigenous peoples.
- Area-Based Management Tools: It promotes the establishment of Marine Protected Areas (MPAs), which ensure the protection of vital marine ecosystems.
- Environmental Impact Assessments (EIAs): A framework for evaluating potential impacts of activities in the high seas and sharing EIA reports through the CHM.
- Capacity Building: The agreement mandates mechanisms to support developing nations in marine research, technology transfer, and regulatory development.
Significance of the BBNJ Agreement
The BBNJ Agreement aims to mitigate ongoing environmental challenges, including biodiversity loss, pollution, and climate change effects impacting marine ecosystems. With United Nations estimates indicating substantial plastic waste entering the oceans annually, this agreement is vital for orchestrating global efforts to protect marine environments.
For India, the BBNJ Agreement offers opportunities for enhanced strategic presence beyond its EEZ, benefits from shared resources, bolstered marine conservation initiatives, and avenues for scientific research and traditional knowledge promotion.
In summary, the BBNJ Agreement reflects a pressing global consensus on the importance of conserving the vast oceanic realm and ensures a sustainable framework for future marine biodiversity initiatives aligned with the ambitious goals set for protecting marine ecosystems by 2030.
