High Seas Treaty / Bbnj Agreement

• The Union Cabinet of India has approved the signing of the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement.
• This agreement is also commonly known as the High Seas Treaty.

What are High Seas?

• As per the UN Convention on the Law of the Sea (UNCLOS), high seas refer to areas of the ocean that lie beyond national jurisdiction.
• This means these areas are not part of a country's territorial sea, exclusive economic zone (EEZ), or internal waters.
• Territorial Sea extends up to 12 nautical miles from a country's baseline.
• The Contiguous Zone goes up to 24 nautical miles, acting as a buffer zone with limited control.
• The Exclusive Economic Zone (EEZ) extends up to 200 nautical miles, but the country does not have full sovereignty over it.
• High seas make up about 64% of the world’s oceans.
• These areas are considered global commons, meaning they do not belong to any single country and are accessible to all nations.

What is the BBNJ Agreement?

• The full name of the agreement is the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction.
• It is a legally binding international treaty negotiated under the UNCLOS framework.
• It is the third implementation agreement under UNCLOS, following:
  • The 1994 Part XI Agreement on deep-sea mineral resources.
  • The 1995 UN Fish Stocks Agreement on migratory fish stock management.
• The treaty was adopted in 2023 and is open for countries to sign for two years.
• As of June 2024, 91 countries have signed it and 8 countries have ratified it.
• In India, the Ministry of Earth Sciences will be the nodal agency for its implementation.

Where Does It Apply?

• The agreement applies to Areas Beyond National Jurisdiction (ABNJ), including high seas.
• It does not apply to warships, military aircraft, or naval auxiliary vessels.
• Only Part-II of the treaty, related to Marine Genetic Resources, applies to government vessels not engaged in commercial activity.

Institutional Arrangements under the Treaty

• The treaty sets up a Conference of Parties (COP) as its main decision-making body.
• It establishes a Scientific and Technical Body (STB) to provide expert advice.
• A Clearing-House Mechanism (CHM) is created as a centralized, open-access platform for data sharing.
• It also includes Subject-Matter Committees for specific areas of focus.
• The financial framework includes:
  • A Voluntary Trust Fund
  • A Special Trust Fund
  • A Global Facility Fund

Four Key Elements of the BBNJ Treaty

Marine Genetic Resources (MGRs): 

• The treaty ensures fair and equitable sharing of benefits from these resources.
• It recognizes the traditional knowledge of Indigenous Peoples and local communities.
• Countries are prohibited from claiming sovereignty over MGRs in international waters.

Area-Based Management Tools (ABMTs): 

• This includes setting up Marine Protected Areas (MPAs).
• These tools help create a well-connected network of protected zones in the high seas.
• For example, the Ross Sea MPA in Antarctica is the largest existing international MPA.

Environmental Impact Assessments (EIAs): 

• Mandatory assessments are required before large-scale marine activities.

Capacity-Building and Transfer of Marine Technology: 

• The treaty supports technical assistance to ensure equity in marine research and exploration.

About UNCLOS

• The United Nations Convention on the Law of the Sea (UNCLOS) was adopted in 1982 and came into force in 1994.
• It is accepted by over 170 countries, including India.
• It defines the rights and duties of nations regarding the use of the world’s oceans.
• UNCLOS also created the International Seabed Authority (ISA) to oversee deep-sea mining activities.

Importance of the High Seas Treaty

• The treaty aims to address the lack of regulation in the high seas, which make up the majority of our ocean.
• It plays a vital role in protecting marine biodiversity, ensuring climate action, and promoting global equity.
• The treaty prevents the overexploitation of marine resources and promotes their sustainable use for the benefit of all humanity.