BBNJ negotiations - Treaty of the High Seas

Context: The UN Ocean Conference 2025, co-hosted by France and Costa Rica, ended with the 'High Seas Treaty' moving closer to becoming a global law to safeguard life in international waters. 
India had signed the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement or the High Seas Treaty in 2024 and not ratified it yet.

About the High Seas Treaty: 

• The BBNJ Agreement under the United Nations Convention on the Law of the Sea (UNCLOS) aims to protect and preserve the marine environment through international cooperation. 
• It seeks to address the pressing need for sustainable management of marine biodiversity in areas beyond national jurisdiction (ABNJ), which constitutes nearly 50% of Earth's surface.
• Adoption year: 2023 (process to develop this treaty began in 2002)
• Enforcement: Requires 60 ratifications; currently ratified by only 50 out of over 130 signatories; while 15 others, including India and China, have committed to doing it soon.

Key Points of the High Seas Treaty:

1. Protecting Marine Biodiversity: The treaty addresses pressing issues such as rising sea surface temperatures, overexploitation of marine biodiversity, overfishing, coastal pollution, and unsustainable practices beyond national jurisdictions.
2. Establishment of Marine Protected Areas: The treaty introduces a mechanism to establish marine protected areas (MPAs) through a "three-quarterly majority vote," ensuring that decisions cannot be blocked by a small number of parties.
3. Marine Genetic Resources (MGRs): The treaty mandates the fair sharing of benefits derived from high-seas genetic resources through a global fund. It includes a "clear house mechanism" to facilitate the sharing of scientific information and monetary benefits among all parties.
4. Capacity Building and Technology Transfer: Promotes equitable partnerships, especially to support low and middle-income countries.
5. Environmental Impact Assessments (EIAs): Establishes clear guidelines for assessing potential harm to marine ecosystems from human activities. A Scientific and Technical Body will play a crucial role in conducting EIAs, creating standards and guidelines, and assisting countries with limited capacity. 

Contentious issues in the High Seas Treaty: 

• Marine Genetic Resources: Disagreements persist over the sharing mechanism for profits derived from marine genetic resources.
• Lack of a clear implementation roadmap: With only 14 of its 104 signatories having ratified the agreement, it remains far from the required threshold of 60 needed to come into force. This is leading to implementation delay. 
• Asymmetry between developed and developing nations: Low and middle-income countries face barriers in accessing technology and research opportunities, perpetuating inequalities in ocean governance.
• Overlooks the interconnectedness of maritime ecosystems: The treaty’s focus on the high seas overlooks the interconnectedness of marine ecosystems, where harmful activities in EEZs often cascade into international waters.
  • E.g., 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. 
• Maritime disputes: Overlapping claims in regions such as the South China Sea complicate consensus on Marine Protected Areas (MPAs).
• Economic Concerns for Coastal States: Nations in Southeast Asia and Bay of Bengal fear MPAs might limit resource access for coastal communities dependent on fishing and marine-based livelihoods.
• Lack of Monitoring Mechanisms: The provisions such as open information sharing lack robust systems to ensure compliance. 

Way Forward:

• Developed nations must provide technical as well as financial support to global compliance of the treaty and ensure equitable sharing of benefits. 
• Need to align high-seas regulations with national laws governing EEZs to ensure a holistic approach and cohesive ocean governance. 
• Shift ratification of the treaty to ensure its early enforcement. 
• Introduce stringent accountability measures for profit-sharing and data exchange, ensuring compliance by all parties and promoting transparency. 

Conclusion:

BBNJ can be an effective instrument to achieve several SDGs, particularly SDG 14 (Life Below Water). However, without political consensus, clear strategies, and enforceable mechanisms, the BBNJ risks becoming an ineffective instrument — an outcome the oceans, already under immense stress, cannot afford.