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Climate Change Negotiations – UNFCCC, COP, Other Conventions and Protocols

Biodiversity Beyond National Jurisdictions (BBNJ) Agreement

Why in the News?

The Ministry of Earth Sciences has formed a 12-member committee led by SC lawyer Sanjay Upadhyay to draft a new national law safeguarding India’s maritime and economic interests under the 2023 High Seas Treaty (BBNJ Agreement).

About the BBNJ (High Seas Treaty) Agreement:

  • Overview: International treaty under the United Nations Convention on the Law of the Sea (UNCLOS), focusing on biodiversity beyond national jurisdiction (high seas).
  • Objective: Conservation and sustainable use of marine biodiversity in international waters (covering ~64% of the world’s oceans).
  • Scope of Provisions:
    • Establishment of Marine Protected Areas (MPAs) in high seas.
    • Regulation of seabed mining and extractive activities.
    • Fair and equitable sharing of benefits from marine genetic resources.
    • Mandatory environmental impact assessments (EIAs) before major projects.
    • Use of both scientific and traditional knowledge, guided by the precautionary principle.
  • Relation to UNCLOS: Would be the third implementing agreement, alongside:
    • 1994 Part XI Implementation Agreement (seabed mineral resources).
    • 1995 UN Fish Stocks Agreement (conservation of migratory fish stocks).
  • Adoption & Status:
    • Agreed in March 2023, open for signature for 2 years from September 2023.
    • Enters into force 120 days after the 60th ratification (currently ratified by 55 countries).
[UPSC 2022] With reference to the United Nations Convention on the Law of Sea, consider the following statements:

1. A coastal state has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baseline determined in accordance with the convention.

2. Ships of all states, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea.

3. The Exclusive Economic Zone shall not extend beyond 200 nautical miles from the baseline from which the breadth of the territorial sea is measured.

Which of the statements given above are correct?

Options: (a) 1 and 2 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3*

 

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