UN ‘High Seas’ Treaty ( UPSC Prelims)

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News Context

The High Seas Treaty, officially known as the Treaty for the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ agreement), has been approved by 60 countries and is set to become effective.

About BBNJ Agreement, 2023

A legally binding international treaty has been established under the United Nations Convention on the Law of the Sea (UNCLOS). The BBNJ Agreement represents the third implementation agreement under UNCLOS, following the 1994 Part XI Implementation Agreement (focused on the exploration and extraction of mineral resources in the international seabed area) and the 1995 UN Fish Stocks Agreement (which deals with the conservation and management of straddling and highly migratory fish stocks). The primary aim of this agreement is to ensure the conservation and sustainable utilization of marine biological diversity in areas beyond national jurisdiction, specifically those beyond the exclusive economic zone. The Ministry of Earth Sciences is responsible for its implementation. The agreement is set to come into force 120 days after it has been ratified by 60 countries. Although India has signed the treaty, it has not yet ratified it. Additionally, countries that are not members of UNCLOS can also join the BBNJ agreement.

Key Pillars of the Treaty

Mechanisms for area-based management tools like Marine Protected Areas (MPAs) in the high seas are essential. MPAs are specifically designated geographical areas that are acknowledged, dedicated, and managed through legal or other effective means to conserve marine biodiversity and ecosystems. There is a need to share both financial and non-financial benefits from the commercial use of Marine Genetic Resources (MGRs). Additionally, Capacity Building and Transfer of Marine Technology are crucial to help developing countries implement the treaty by sharing knowledge, skills, and technology. Conducting Environmental Impact Assessments for high seas activities, such as deep-sea mining, is also important. There are certain exceptions to the agreement, including activities involving warships, military aircraft, or naval auxiliaries, as well as fishing and fishing-related activities that are governed by other relevant international laws. Moreover, the obligations concerning the use of MGRs and their digital sequence information do not apply to a Party’s military activities, including those conducted by government vessels and aircraft in non-commercial service.

United Nations Convention on the Law of the Sea (UNCLOS)

Often referred to as the “Constitution of the Oceans”, this is the main international treaty that regulates the use of the seas and oceans. It was adopted in 1982 and came into effect in 1994.
 State Parties: A total of 171 State parties (including India) have ratified this treaty.
 Maritime Zones:
  ● Territorial Sea: Extends up to 12 nautical miles (nm) from the baseline, granting full sovereignty to the coastal state.  
  ● Contiguous Zone: Extends up to 24 nm, allowing enforcement rights for customs, immigration, sanitation, and security.  
  ● Exclusive Economic Zone (EEZ): Extends up to 200 nm, providing sovereign rights for the exploration and use of marine resources.  
  ● High Seas: Areas beyond national jurisdiction, allowing freedom of navigation, overflight, fishing, and research.  
 Deep Seabed Mining: The seabed beyond national jurisdiction is considered the “common heritage of mankind” and is managed by the International Seabed Authority (ISA).
 Dispute Settlement: The treaty establishes mechanisms such as the International Tribunal for the Law of the Sea (ITLOS) for resolving disputes.