Biodiversity Beyond National Jurisdiction (BBNJ) Agreement

The BBNJ Agreement, also known as the High Seas Treaty, is a legal framework designed to protect the ecological health of oceans, particularly in areas beyond national jurisdictions. It was adopted in 2023 under the United Nations Convention on the Law of the Sea (UNCLOS) and aims to ensure the sustainable use of marine resources, conserve biodiversity, and reduce pollution in the high seas.

Key Features of the BBNJ Agreement

1. Marine Protected Areas (MPAs):

   • Establishes Marine Protected Areas (MPAs) similar to national parks or wildlife sanctuaries but for oceans. These MPAs regulate human activities to protect marine ecosystems and biodiversity.

2. Regulating Extractive Activities:

   • The agreement puts restrictions on extractive activities such as seabed mining, fishing, and resource extraction in the high seas to ensure that these activities are sustainable and do not harm the marine environment.

3. Environmental Impact Assessments (EIAs):

   • Environmental Impact Assessments (EIAs) are now mandatory for any major oceanic projects, even those conducted within national waters, if they have potential to harm the high seas. This ensures that the cumulative impacts on the global marine environment are considered.

4. Fair Benefit Sharing:

   • The treaty ensures that benefits derived from the marine resources, such as genetic materials, marine organisms, and biotechnology, are fairly distributed, especially with regard to developing nations.

5. Support for Developing Nations:

   • The agreement includes provisions to assist developing nations in accessing marine technologies and resources, which helps them conserve biodiversity while gaining access to sustainable marine benefits.

Status of the BBNJ Agreement

• Signing: Over 140 countries have signed the treaty, indicating their commitment to the goals of the agreement.

• Ratification: As of August 2025, 55 countries have ratified the treaty, which legally binds them to its provisions. India signed the BBNJ Agreement in 2024 but has not yet ratified it.

  • Signing a treaty signifies intent, but ratification is necessary for the treaty to have binding legal effects within the country.

What are the High Seas?

• High Seas refer to oceanic areas that are beyond the jurisdiction of any one nation. These waters are not part of a nation’s Exclusive Economic Zone (EEZ), which extends up to 200 nautical miles (approximately 370 km) from the coastline.

• No single country has jurisdiction or responsibility for resource management in these areas. As a result, the high seas have historically been under-governed, with minimal protection for their ecosystems.

• Significance: The high seas cover 64% of the world’s oceans and constitute about 50% of the Earth's surface. They play a crucial role in climate regulation, carbon absorption, and heat distribution. They are also vital for marine biodiversity and provide key resources like seafood, genetic resources, medicinal compounds, and raw materials.

• Current Protection: Only about 1% of the high seas are currently protected, which makes the BBNJ Agreement especially significant in ensuring that the biodiversity of these areas is safeguarded.

The United Nations Convention on the Law of the Sea (UNCLOS)

• UNCLOS is an international treaty that was adopted in 1982 and provides the legal framework for the governance of marine and maritime activities.

• The treaty divides the ocean into five distinct zones:

  1. Internal Waters (waters within a nation's borders),

  2. Territorial Sea (up to 12 nautical miles from the coast),

  3. Contiguous Zone (up to 24 nautical miles),

  4. Exclusive Economic Zone (EEZ) (up to 200 nautical miles),

  5. High Seas (areas beyond the jurisdiction of any country).

India’s Role and the Ministry of Earth Sciences Panel

India’s Ministry of Earth Sciences has recently set up a 12-member panel tasked with implementing a new law to safeguard the country’s interests in the high seas in line with the BBNJ Agreement. While India signed the BBNJ Agreement in 2024, it has not yet ratified it.

The formation of the panel suggests India’s proactive approach to ensuring that its maritime interests are well-represented and protected as the high seas become subject to more international regulation.

Conclusion

The BBNJ Agreement is a groundbreaking step toward global marine conservation and sustainable resource use. As nations like India prepare to align their policies with the treaty, it is crucial to establish frameworks that will safeguard the high seas from over-exploitation, ensuring that these vital ecosystems are preserved for future generations