Introduction

The Indian government recently announced its intention to sign and ratify the High Seas Treaty, a landmark international agreement aimed at preserving the ecological health of the oceans. This treaty, formally known as the Agreement on Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ), addresses the critical need for reducing pollution, conserving marine biodiversity, and ensuring the sustainable use of marine resources in international waters.

The Objectives of the High Seas Treaty

The High Seas Treaty seeks to achieve four primary objectives:

1. Conservation and Protection of Marine Ecology: The treaty emphasizes the need to safeguard marine ecosystems from pollution and other detrimental activities.

2. Equitable Sharing of Benefits: It ensures that benefits derived from marine genetic resources are fairly distributed among all countries.

3. Mandatory Environmental Impact Assessments (EIA): The treaty mandates EIAs for any activities that could potentially harm marine ecosystems.

4. Capacity Building and Technology Transfer: The treaty aims to assist developing countries by facilitating the transfer of marine technologies and building capacity for better utilization and conservation of ocean resources.

Importance of the High Seas

• The treaty specifically targets ocean areas outside national jurisdictions, known as high seas or international waters.
• These areas, which lie beyond the exclusive economic zones (EEZs) of countries (typically extending up to 200 nautical miles from the coastline), constitute about 61% of the total ocean area.
• As global commons, they are open to navigation, economic activities, scientific research, and the laying of undersea infrastructure by all nations.

Governance of the Oceans

• Oceans are governed by several international laws, the most comprehensive being the United Nations Convention on the Law of the Sea (UNCLOS).
• Adopted in 1982, UNCLOS provides a broad legal framework for ocean governance, defining territorial boundaries, and delineating the rights and duties of nations regarding maritime activities.
• However, while UNCLOS sets general principles for the protection and conservation of marine biodiversity, it lacks specific mechanisms for achieving these goals in international waters.
• The High Seas Treaty addresses this gap, offering a detailed framework for the conservation and sustainable use of marine resources in the high seas.

Marine Protected Areas (MPAs)

• A key strategy of the High Seas Treaty for conserving marine ecosystems is the establishment of Marine Protected Areas (MPAs).
• These are akin to national parks or wildlife reserves on land, where activities are regulated to promote conservation.
• Although numerous MPAs exist within national jurisdictions, the treaty aims to create such protected zones in the high seas, where they are currently scarce.
• This effort aligns with the Kunming-Montreal Global Biodiversity Framework, which aims to restore at least 30% of degraded coastal and marine ecosystems by 2030.

Equitable Sharing of Marine Resources

• The oceans harbor a vast array of life forms, many of which possess genetic properties valuable for pharmaceuticals, cosmetics, and other applications.
• The High Seas Treaty ensures that the benefits derived from these marine genetic resources are shared equitably among all nations.
• No single country can claim proprietary rights over these resources, thereby fostering international cooperation and fairness.

Environmental Impact Assessments

• The treaty mandates that any activity with the potential to harm marine ecosystems must undergo an Environmental Impact Assessment (EIA).
• These assessments must be made public, ensuring transparency and accountability.
• This requirement extends to activities within national jurisdictions if their impacts are expected to affect the high seas.

Ratification Process

• For the High Seas Treaty to come into force, it requires ratification by a minimum of 60 countries.
• Once this threshold is met, the treaty will become international law 120 days after the 60th ratification.
• Ratification is a process by which a country legally binds itself to the provisions of an international law, often requiring legislative approval.

India’s Role

• India’s decision to sign and ratify the High Seas Treaty underscores its commitment to marine conservation and sustainable use of ocean resources.
• As one of the 91 countries that have already signed the treaty, and soon to be among the few that have ratified it, India is poised to play a significant role in the global effort to protect the high seas.
• This move not only aligns with India’s environmental goals but also enhances its standing in the international community as a proactive and responsible steward of the oceans.

Conclusion

By joining the High Seas Treaty, India is contributing to a collective effort to preserve the planet’s marine ecosystems for future generations. This treaty represents a significant step towards ensuring that the high seas, a vital component of the Earth’s natural heritage, remain healthy and productive for all.