High Seas Treaty

High Seas Treaty

  • Context: 

  • The High Seas Treaty (formally the BBNJ agreement) was ratified by over 60 countries in September.  

  • It will now be enforced in January 2026.  

  • The treaty sets rules to preserve and sustainably use marine biodiversity 

  • It addresses threats like climate change, overfishing, and pollution. 

  • The treaty addresses a gap in the UN Convention on the Law of the Sea (UNCLOS),1982. 

  • It lacked clear guidelines for protecting biodiversity beyond national jurisdiction. 

  • About the Treaty: 

  • The High Seas Treaty, formally known as the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ), is an international legally binding treaty adopted in June 2023 under the framework of UNCLOS. 

  • It is often called the “High Seas Biodiversity Treaty” because it governs the conservation and sustainable use of biodiversity in the high seas and “the Area” of Oceanic region lie beyond national jurisdiction (ABNJ). 

  • The Key Pillars of the treaty are: 

  • Marine Genetic Resources (MGRs) 

  • Area-Based Management Tools (ABMTs) 

  • Environmental Impact Assessments (EIAs) 

  • Capacity building and technology transfer.  

  • Key Provisions and Challenges 

  • Marine Genetic Resources (MGRs): 

  • The treaty identifies MGRs as the "common heritage of humankind" 

  • This insists on the fair and equitable sharing of monetary and non-monetary benefits 

  • This addresses concerns from developing nations about biopiracy and being excluded from the profits of scientific discoveries 

  • Area-Based Management Tools (ABMTs): 

  • This includes the creation of Marine Protected Areas (MPAs) to protect biodiversity, improve climate resilience, and enhance food security 

  • Conflicting Principles: 

  • The treaty faces uncertainty over the common heritage of humankind principle(equitable access for all) and the freedom of the high seas principle (unrestricted rights of states for navigation and research) 

  • Major Power Reluctance 

  • The treaty is under threat due to non-participation from the U.S., China, and Russia, who are yet to ratify it. 

  • Institutional Overlap: 

  • The BBNJ agreement must coexist with existing bodies like the International Seabed Authority (ISA) and Regional Fisheries Management Organisations (RFMOs) to prevent legal conflicts.