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Topic : High Seas Biodiversity Treaty

GS-3 Mains  : Environment Conservation

Revision Notes

Context:

• The International Union for Conservation of Nature (IUCN) urges countries to strive for a fully functional High Seas Biodiversity Treaty.
• World Oceans Day is celebrated on June 8th.

High Seas:

• Areas of the ocean outside national jurisdiction (exclusive economic zones).
• Not directly owned or regulated by any country.

The Treaty:

• Adopted by the UN in June 2023.
• Updates the UN Convention on the Law of the Sea (1994).
• Creates a framework for managing biodiversity beyond national borders.
• 90 countries have signed, including India’s neighbors Nepal and Bangladesh.
• Only 7 countries have ratified (not including India).

Focus Areas:

• Marine genetic resources and benefit sharing.
• Area-based management tools (marine protected areas).
• Environmental impact assessments.
• Capacity building and technology transfer for developing countries.

Key Provisions:

• Area-Based Management Tools (ABMTs): Establish marine protected areas to conserve biodiversity hotspots.
• Environmental Impact Assessments (EIAs): Mandatory for activities in the high seas to minimize environmental harm.
• Marine Genetic Resources (MGRs): Sets rules for access, sharing, and benefit-sharing of MGRs, including potential benefits for developing countries.
• Capacity Building and Technology Transfer: Helps developing countries participate in high seas conservation and access relevant technologies.

Current Status:

• Open for signatures until September 2025.
• Enters into force 120 days after 60th ratification.

Challenges:

• Implementation: Turning the treaty’s provisions into action requires detailed rules on environmental assessments, benefit-sharing, and funding.
• Compliance: Ensuring all countries adhere to the treaty’s regulations is crucial.
• Financing: Securing adequate funding for developing countries’ capacity building and technology transfer is a concern.
• Unresolved Issues: Mechanisms for policing protected areas, fate of polluting projects, and dispute resolution remain unclear.

Significance:

• Global Governance: Fills a gap in international ocean governance.
• Biodiversity Conservation: Protects marine life in critical areas for the planet’s health.
• Sustainable Development: Promotes sustainable use of marine resources.
• Equity: Addresses developing countries’ concerns about access and benefit-sharing of marine resources.

Importance for India:

• Marine Biodiversity: Protects biodiversity in the high seas, linked to India’s own marine ecosystems.
• Blue Economy: Facilitates India’s participation in activities like deep-sea mining and bioprospecting.
• Global Leadership: India can play a role in shaping the treaty’s implementation and promoting sustainable ocean governance.

Way Forward:

• Supporting all signatories in ratifying the treaty to bring it into force.
• Increasing the number of countries ratifying the agreement on unsustainable fishing practices.

 

About UNCLOS (United Nations Convention for the Law of the Sea):

• Adopted in 1982 and effective since 1994, UNCLOS sets the legal framework for all ocean activities.
• India is a party to UNCLOS since 1995.

Key Features of UNCLOS:

• Marine Zones: UNCLOS divides marine areas into five zones with varying degrees of national control:
  • Internal Waters: Fully under national sovereignty.
  • Territorial Sea: Extends 12 nautical miles from the coast. Coastal states have sovereignty but must allow “innocent passage” of foreign ships.
  • Contiguous Zone: Extends 24 nautical miles from the baseline. States have limited control for specific law enforcement purposes.
  • Exclusive Economic Zone (EEZ): Extends 200 nautical miles from the baseline. Coastal states have sovereign rights over resources and certain economic activities.
  • Continental Shelf: Can extend beyond 200 nautical miles if the seabed is a natural prolongation of the land territory. Coastal states have rights over non-living resources of the shelf.
  • High Seas (ABNJ): Areas beyond national jurisdiction. Open to all states, but subject to UNCLOS rules on freedom of navigation, overflight, fishing, etc.