JUNE DAY 13 - UPSC DAW - Daily Answer Writing - 19th June 2025

JUNE DAY 13 - UPSC DAW - Daily Answer Writing - 19th June 2025

Question

The High Seas Treaty, or the Biodiversity Beyond National Jurisdiction (BBNJ) agreement, marks a significant step in marine conservation beyond national jurisdictions. In the context of growing threats to ocean biodiversity, examine the importance of the BBNJ agreement. What are the major challenges in its implementation, particularly concerning benefit-sharing and enforcement? (15 marks, 250 words)  [GS - III - Biodiversity]

Model Answer

Paper  

GS III 

Subject 

Biodiversity 

Topic 

Biodiversity Beyond National Jurisdiction agreement and marine conservation 

Syllabus As Per Notification 

Conservation, Environmental Pollution and Degradation, Environmental Impact Assessment. 

 Introduction:  

  • Oceans beyond national jurisdiction, commonly referred to as the high seas, cover nearly two-thirds of the global ocean and are crucial for regulating climate, supporting biodiversity, and enabling marine economies. The Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, adopted under the United Nations Convention on the Law of the Sea (UNCLOS), seeks to regulate exploitation and ensure conservation in these areas. 

 Importance of the BBNJ Agreement in Marine Conservation: 

  • Establishment of Marine Protected Areas (MPAs): 

  • Facilitates the goal of protecting 30% of marine areas by 2030 (30x30 target under the Kunming-Montreal Global Biodiversity Framework). 

  • Ensures ecosystem restoration, biodiversity protection, and resilience against climate change impacts. 

  • Regulation of Marine Genetic Resources (MGRs): 

  • Addresses equitable access to genetic resources from high seas organisms, many of which may have pharmaceutical and industrial applications (e.g., deep-sea sponges with anti-cancer properties). 

  • Environmental Impact Assessments (EIAs): 

  • Mandates EIAs for human activities like deep-sea mining and ocean fertilization, aligning with Rio Declaration Principle 17 and reinforcing sustainable development under SDG 14. 

  • Capacity-Building and Technology Transfer: 

  • Supports developing nations through financial and technical assistance, thereby promoting inclusivity and equity (Principle of Common but Differentiated Responsibilities - CBDR). 

  • Strengthens Multilateralism and Global Commons Governance: 

  • Operates under the UNCLOS framework, reaffirming the importance of international law in governing global commons beyond national jurisdictions. 

 Major Challenges in Implementation: 

  • Equitable Benefit Sharing: 

  • There is no consensus on how to share profits from marine genetic resources, especially among Global South nations. 

  • E.g. Countries like the G77 demand a binding benefit-sharing mechanism, while developed nations prefer voluntary or market-based solutions. 

  • Mirrors disputes seen under the Nagoya Protocol (2010) on Access and Benefit-Sharing (ABS). 

  • Enforcement in Areas Beyond Jurisdiction: 

  • Monitoring vast ocean areas requires satellite tech, AI, and international cooperation, which many countries lack.  

  • Risk of "flags of convenience" allowing vessels to escape liability or oversight. 

  • Overlaps with Existing Treaties and Institutions: 

  • Potential friction with bodies like the International Seabed Authority (ISA), IMO, and Regional Fisheries Management Organizations (RFMOs). 

  • Technological and Financial Disparities: 

  • Deep-sea resource extraction is dominated by technologically advanced nations, exacerbating a North–South divide in marine resource access. 

  • Lack of Political Will and Delayed Ratifications: 

  • Major players like the USA and India have yet to ratify the agreement, delaying its full enforcement and reducing momentum. 

 Way Forward:  

  • Finalise and Operationalise a Legally Binding BBNJ Framework: Push for the first Conference of Parties (COP) by late 2026, ensuring binding enforcement, as seen with UNFCCC COPs. 

  • Use Technology for Monitoring and Enforcement: Use satellite-based tools like Global Fishing Watch and AI-enabled maritime surveillance (as piloted by the EU's Copernicus Marine Service). 

  • Finance Mechanisms via Blue Bonds and SDG-linked Funds: Emulate Seychelles' Blue Bond model to fund marine conservation and capacity-building in developing states. 

  • Role of India: Expedite ratification, integrate the BBNJ into domestic marine policies like Blue Economy Policy Draft 2021, and link with coastal ecosystem missions under the National Action Plan on Climate Change (NAPCC).  

 Conclusion:  

  • The BBNJ agreement represents a paradigm shift in the way humanity engages with and governs the last global commons - the high seas. While the road to implementation is fraught with geopolitical and practical challenges, the treaty offers a unique opportunity to embed equity, sustainability, and science-driven conservation into global marine governance. India and other developing countries must seize this opportunity to push for a fairer and more robust ocean conservation regime.  

 Value Addition:  

  • UNEP 2023: Over 94% of ocean species remain undiscovered, highlighting the importance of conserving unknown ecosystems. 

  • NITI Aayog’s ‘Blue Economy Vision 2030’: Emphasizes India's potential for sustainable ocean-based growth. 

  • High Seas: Areas beyond Exclusive Economic Zones (EEZs), beyond 200 nautical miles from shore. 

  • Marine Genetic Resources (MGRs): Genetic material from marine organisms with potential commercial value. 

  • Access and Benefit Sharing (ABS): Principle under the Convention on Biological Diversity (CBD). 

  • French Polynesia (2025 UNOC): Announced the world’s largest MPA (~5 million sq. km). 

  • Panama & Canada’s Quiet Ocean Coalition: Aims to tackle anthropogenic ocean noise. 

  • Antarctic Treaty System: A model of successful international cooperation in preserving a global common.