Introduction

The High Seas Treaty, formally known as the Biodiversity Beyond National Jurisdiction (BBNJ) agreement, establishes a legal framework to conserve and sustainably use marine biodiversity in areas outside national control. It covers nearly two-thirds of the ocean’s surface. Adopted under the UN Convention on the Law of the Sea (UNCLOS), 1982, it aims to address threats from climate change, overfishing, and pollution through tools like Marine Protected Areas (MPAs) and Environmental Impact Assessments (EIAs). Ratified by over 60 nations in 2024, it will come into effect in January 2026. This makes it one of the most comprehensive global conservation instruments after the Paris Agreement.

Why in the News? 

The High Seas Treaty being ratified by 60+ nations represents a historic step in ocean governance, a domain previously beyond formal protection. For the first time, the international community has agreed on a legally binding mechanism to preserve marine life that exists outside any country’s jurisdiction. This is strikingly different from the earlier regime under UNCLOS, which lacked clear provisions for protecting biodiversity.

What is the High Seas Treaty About?

1. Biodiversity Beyond National Jurisdiction (BBNJ): Creates an all-inclusive framework to conserve and manage marine biodiversity beyond national boundaries.
2. Marine Genetic Resources (MGRs): Recognised as a common heritage of humankind, ensuring equitable benefit-sharing between nations.
3. Area-Based Management Tools (ABMTs): Establishes Marine Protected Areas (MPAs) to safeguard biodiversity and improve climate resilience and food security.
4. Environmental Impact Assessments (EIAs): Mandates prior assessment of projects with potential cross-border or cumulative ecological impact.
5. Capacity Building and Technology Transfer: Facilitates scientific collaboration, especially for developing nations, combining modern science and indigenous knowledge.

Major Challenges with the High Seas Treaty

1. Uncertainty over Core Principles
   1. Common Heritage vs. Freedom of High Seas: The “common heritage” principle promotes equitable access and benefit-sharing, while “freedom of the high seas” allows unrestricted navigation and resource use.
   2. Partial Application: The treaty applies the “common heritage” principle only partially, especially for MGRs, reflecting a compromise rather than resolution.
   3. Result: Creates ambiguity in rights and responsibilities of states in exploration, research, and benefit distribution.
2. Ambiguity in Marine Genetic Resources (MGRs) Governance
   1. Undefined Governance Mechanism: Earlier, no clear framework existed for using or sharing MGRs.
   2. Biopiracy Concerns: Developing nations fear exploitation by developed countries, who could monopolize genetic discoveries and profits.
   3. Equity Gap: The lack of clarity risks excluding Global South nations from scientific and commercial benefits.
3. Implementation and Enforcement Gaps
   1. Jurisdictional Complexity: The high seas lie beyond national boundaries, making monitoring and enforcement difficult.
   2. Institutional Limitations: While UNCLOS provides a broad legal foundation, there’s no dedicated global enforcement body to ensure compliance.
   3. Dependence on Voluntary Reporting: Could weaken accountability, especially in regulating corporate activities.
4. Financial and Technological Inequities
   1. Unequal Capabilities: Developing countries lack access to marine technologies for monitoring and sustainable use.
   2. Technology Transfer Gap: The treaty mandates capacity-building, but without specific funding mechanisms, commitments may remain rhetorical.
   3. Risk: Could widen the North-South divide in ocean research and benefit sharing.
5. Balancing Conservation and Development
   1. Sustainable Use vs. Conservation: Striking a balance between environmental protection and economic opportunities (like deep-sea mining or biotechnology) remains contentious.
   2. Unclear Prioritization: Without clear hierarchy between ecological and developmental objectives, policy conflicts may persist.

Conclusion

The High Seas Treaty represents a landmark effort to bring order and justice to the global commons. Yet, the true test lies in resolving philosophical ambiguities and ensuring equitable implementation. Without robust funding, technology sharing, and accountability mechanisms, it risks becoming another well-intentioned but weak global accord. For India, aligning its Blue Economy strategy with the treaty’s framework will be key to ensuring both ecological and economic dividends.

PYQ Relevance

[UPSC 2022] Discuss global warming and mention its effects on the global climate. Explain the control measures to bring down the level of greenhouse gases which cause global warming, in the light of the Kyoto Protocol, 1997.

Linkage: Both Kyoto Protocol and High Seas Treaty are UN-backed frameworks aimed at addressing global commons issues, air and ocean respectively.

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