High Seas Treaty: Biodiversity Beyond National Jurisdiction (BBNJ) Agreement

• The Union Cabinet of India has approved the signing of the BBNJ Agreement, also known as the High Seas Treaty. The Ministry of Earth Sciences will lead its implementation in India.

What are High Seas?

• Definition: High seas refer to oceanic areas that lie outside the jurisdiction of any individual country. National jurisdictions typically extend up to 200 nautical miles (370 km) from the coastline, known as the Exclusive Economic Zone (EEZ).
• Global Commons: High seas account for about 64% (approximately two-thirds) of the world's ocean area. They are considered global commons, meaning they are not owned by any single nation. Rights to these areas include navigation, overflight, economic activities, scientific research, and infrastructure like undersea cables.

BBNJ Agreement

• Formal Name: The full name of the agreement is the Agreement on Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction.
• Under UNCLOS: This international treaty is part of the United Nations Convention on the Law of the Sea (UNCLOS). It will be the third implementation agreement under UNCLOS, complementing:
• 1994 Part XI Implementation Agreement: Addresses the exploration and extraction of mineral resources in the international seabed area.
• 1995 UN Fish Stocks Agreement: Deals with the conservation and management of straddling and highly migratory fish stocks.
• Adoption: The BBNJ Agreement was adopted in 2023 and is open for signature for two years. It will become legally binding 120 days after 60 countries have ratified it.
• As of June 2024, 91 countries have signed the BBNJ Agreement, with eight countries having ratified it.
• Objective: The primary goal of the BBNJ Agreement is to ensure the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction, addressing both current and future needs.

The BBNJ Agreement represents a significant step in international efforts to protect marine ecosystems and manage biodiversity in the high seas, addressing critical issues like marine conservation and sustainable use of resources on a global scale.

Key Provisions of the BBNJ Agreement

Scope of Application:

• Coverage: The BBNJ Agreement applies to Areas Beyond National Jurisdiction (ABNJ), including the high seas.
• Exclusions: It does not apply to warships, military aircraft, or naval auxiliaries.
• Part-II Application: Only Part-II, concerning Marine Genetic Resources, applies to government vessels in non-commercial service.

Institutional Arrangement:

• Conference of Parties (COP):
• Role: The main decision-making body, with authority over most aspects of the Treaty.
• Composition: Consists of Parties to the Treaty.
• Scientific and Technical Body (STB):
• Role: Provides scientific and technical advice to the COP.
• Clearing-House Mechanism (CHM):
• Role: Serves as an open-access, centralized platform.
• Function: Enables Parties to access, provide, and disseminate information related to the Treaty’s four substantive elements.
• Subject-Matter Committees:
• Access and Benefit-Sharing Committee: Focuses on sharing benefits derived from marine genetic resources.
• Capacity-Building and Transfer of Marine Technology Committee: Promotes capacity building and transfer of technology.
• Finance Committee: Oversees financial aspects of the Treaty.
• Implementation and Compliance Committee: Ensures adherence to the Treaty’s provisions.

Financial Mechanism:

• Purpose: Establishes a financial mechanism to provide adequate, accessible, additional, and predictable resources.
• Management: Functions under the COP’s guidance.

Significance of the BBNJ Agreement:

• Biodiversity Conservation:
• Impact: Addresses overexploitation of resources, biodiversity loss, pollution (including plastic waste), and ocean acidification.
• Statistics: In 2021, approximately 17 million tonnes of plastics were dumped into oceans.
• Mitigation of Climate Change Impacts:
• Focus: Addresses the effects of warming, ocean deoxygenation, and acidification on marine ecosystems.
• Equitable Economic Order:
• Objective: Aims to create a fair international economic system that considers the needs of both coastal and landlocked developing states.
• Significance for India:
• Strategic Expansion: Enhances India’s strategic presence beyond its EEZ (Exclusive Economic Zone).
• Resource Benefits: Provides opportunities for shared monetary benefits, strengthens marine conservation efforts, fosters scientific research, and promotes capacity building and technology transfer.
• Promotion of Traditional Knowledge:
• Approach: Integrates traditional knowledge with an ecosystem-centric and precautionary approach.

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

• Adopted: 1982
• Came into Force: 1994
• Scope: A comprehensive international treaty that establishes the legal framework for maritime and oceanic activities.
• State Parties: 170, including India. It is often referred to as the "constitution of the oceans."

Provisions and Key Elements:

• Rights and Duties of Nations:
• Sovereignty: Defines the rights and responsibilities of nations regarding their use of the oceans.
• Passage Rights: Addresses rights of innocent passage through territorial seas and transit passage through international straits.
• Exclusive Economic Zone (EEZ): Provides rights for the exploration, exploitation, conservation, and management of marine resources within up to 200 nautical miles from the coast.
• International Seabed Authority (ISA):
• Purpose: Regulates mining and related activities on the ocean floor beyond national jurisdiction.
• Functions: Oversees mineral resource extraction to ensure it benefits all of humankind and adheres to international standards.
• Territorial Demarcation:
• Territorial Sea: Extends up to 12 nautical miles from the coastline. Coastal states exercise full sovereignty here, similar to their land territory.
• Contiguous Zone: Extends up to 24 nautical miles from the coastline. Coastal states have limited enforcement authority to prevent infringements on their territorial sea.
• Exclusive Economic Zone (EEZ): Extends up to 200 nautical miles from the coast. Coastal states have sovereign rights over the exploration and exploitation of marine resources, but do not have full sovereignty.
• High Seas: Areas beyond national jurisdictions, open to all states for navigation, overflight, and other lawful uses.
• Seabed Zoning System:
• Continental Shelf: Can extend beyond the territorial sea and EEZ if it is naturally contiguous to the landmass. States have sovereign rights for exploration and exploitation of resources in this area.
• Area: The seabed and ocean floor beyond national jurisdiction. This is considered the "common heritage of humankind," and activities here are meant to benefit all humankind.

Significance:

• Global Governance: UNCLOS provides a legal framework for managing the world's oceans and their resources, balancing the interests of coastal states with those of the international community.
• Environmental Protection: Addresses environmental issues, including the protection of marine biodiversity and pollution control.
• Dispute Resolution: Includes mechanisms for resolving disputes between states regarding maritime boundaries and resource management.

Implementation:

• State Compliance: Parties to UNCLOS are expected to adhere to its provisions and regulations, with various bodies, including the ISA and the International Tribunal for the Law of the Sea (ITLOS), overseeing its implementation and dispute resolution.

This framework helps in managing the vast and varied interests of nations regarding oceanic resources, navigation, and environmental protection, contributing to global maritime order and sustainability.

Conclusion:

The BBNJ Agreement represents a significant step in international marine governance, reflecting the growing recognition of the oceans' critical role. It aligns with global conservation goals, such as the “30x30” initiative, which aims to protect 30% of marine ecosystems by 2030. This landmark treaty is poised to play a crucial role in enhancing marine biodiversity conservation and sustainable use of ocean resources.