Syllabus: Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests
About the Treaty
- High Seas Treaty ratified by over 60 countries; will be enforced January 2026.
- Biodiversity Beyond National Jurisdiction (BBNJ) agreement creates all-inclusive framework to govern and manage common marine biodiversity.
- Sets rules to preserve and use marine biodiversity sustainably; addresses threats from climate change, overfishing, pollution.
- Key Provisions
- Identifies Marine Genetic Resources (MGRs) as common heritage of humankind; insists on fair and equitable benefit sharing.
- Area-Based Management Tools (ABMTs) include Marine Protected Areas (MPAs) to protect biodiversity improving climate resilience.
- Environmental Impact Assessments (EIAs) required for events potentially affecting areas considering cumulative and transboundary impacts.
- Combines science and indigenous knowledge for food security and sustainable management of ocean resources.
Historical Background
- First steps began two decades ago; 2004: UN General Assembly formed ad-hoc working group addressing UNCLOS gaps.
- UNCLOS 1982 did not have clear guidelines on protecting BBNJ requiring new international framework.
Major Issues
- Principle Uncertainty
- Uncertainty over “common heritage of humankind” and “freedom of the high seas” principles creating ambiguity.
- Common heritage principle: supports equitable access and benefit-sharing for all nations globally.
- Freedom on high seas: stresses unrestricted rights of states for navigation, resource usage, research activities.
- Common heritage principle only applicable partially to MGRs showing compromise instead of resolution.
- Creates ambiguity in exploration, research, benefit sharing lacking clear operational guidelines for implementation.
- MGRs Governance
- Use of MGRs governance earlier not defined; raised concerns over “biopiracy” and unfair exploitation by developed countries.
- Developing nations concerned about exclusion from profits of scientific discoveries from high seas resources.
- Treaty includes framework on sharing monetary and non-monetary benefits but no clear details on calculation/sharing m/ethods.
- Non-Participation
- Big powers reluctant to engage: treaty under threat due to non-participation from US, China, Russia yet to ratify.
- Institutional Interaction
- Treaty must coexist with existing international institutions: International Seabed Authority (ISA), Regional Fisheries Management Organisations (RFMOs).
- Must blend with existing international treaties to prevent legal conflicts and avoid fragmentation of ocean governance.
Way Forward
- Treaty provides more clarity to UNCLOS provisions focusing on science-based requirements for EIAs, ABMTs, benefit sharing.
- Ambiguous language in MGRs and common heritage principle challenge execution of treaty provisions effectively.
- Need for dynamic management of MPAs, regular monitoring ensuring effective protection and sustainable use.
- Linking climate-biodiversity with ocean crucial for resilient management delivering BBNJ objectives comprehensively.