BBNJ Treaty: The High Seas Treaty

Published On:

India recently signed the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, aiming to protect marine ecosystems and promote the sustainable use of resources in international waters.

Key Features of the BBNJ Treaty:

1. Conserving Marine Biodiversity:
   The treaty focuses on protecting marine ecosystems located beyond national jurisdictions, which constitute a significant portion of the Earth's oceans. This includes safeguarding vulnerable marine species and ecosystems from unregulated exploitation.
2. Equitable Sharing of Benefits:
   One of the central tenets of the treaty is the equitable distribution of profits derived from marine genetic resources (MGRs) in international waters. A global fund has been set up to ensure that the benefits of marine biodiversity are shared fairly, especially with developing nations.
3. Environmental Impact Assessments (EIAs):
   The treaty mandates Environmental Impact Assessments for any activity that may harm the marine environment, ensuring that large-scale projects in international waters are thoroughly assessed for their ecological impact before they proceed.
4. Marine Protected Areas (MPAs):
   The creation of Marine Protected Areas in high seas is one of the treaty’s core features. These MPAs will serve as conservation zones to protect biodiversity and fragile ecosystems in areas that are otherwise free from national jurisdiction.
5. Capacity-Building & Technology Transfers:
   The treaty promotes equitable partnerships by facilitating capacity-building programs and the transfer of technology, especially to low and middle-income countries. This aims to boost their maritime scientific research capabilities and improve governance structures in marine conservation.
6. Third UNCLOS Implementing Agreement:
   The BBNJ Treaty complements other international frameworks such as the United Nations Convention on the Law of the Sea (UNCLOS). It provides an implementing agreement that works in conjunction with treaties on deep-sea mining and fisheries management.

Significance of the BBNJ Treaty:

1. Protecting Global Commons:
   The treaty addresses the conservation of the high seas, which account for more than 60% of the world’s oceans. These international waters are often unregulated, making them vulnerable to over-exploitation. Protecting these areas is essential for maintaining global marine biodiversity.
2. Sustainable Marine Governance:
   The BBNJ treaty addresses critical gaps in international maritime regulations. By establishing rules for the sustainable use and conservation of marine biodiversity, it lays the groundwork for a more cohesive and effective framework for global marine governance.
3. Global Equity:
   The treaty attempts to balance the benefits derived from marine resources between developed and developing nations. This is achieved through shared responsibilities and ensuring that the wealth generated from marine resources is fairly distributed.

Challenges and Issues with the BBNJ Treaty:

1. Delayed Ratification:
   As of now, only 14 out of 104 signatories have ratified the treaty, far from the 60 required for enforcement. This delay in ratification poses a significant challenge to the treaty’s implementation and effectiveness.
2. Lack of Strategic Clarity:
   Despite the treaty’s ambitious goals, there is a lack of strategic clarity regarding how these objectives will be achieved. The absence of a detailed roadmap makes it difficult to determine the specific actions needed for success.
3. Territorial Disputes:
   Overlapping maritime claims, particularly in regions like the South China Sea, present challenges in achieving consensus on the establishment of Marine Protected Areas (MPAs). Territorial disputes between countries may hinder cooperation and effective implementation.
4. Livelihood Concerns:
   Coastal communities that depend on marine resources for their livelihoods fear that the creation of MPAs and the associated regulations may limit access to crucial marine areas, negatively affecting their economies and way of life.
5. Weak Accountability Mechanisms:
   There are concerns that wealthier nations may under-report their profits from the exploitation of marine genetic resources, which could undermine the equitable sharing of benefits that the treaty seeks to establish.