The High Seas Treaty under UNCLOS

General Studies Paper-2

Context:

• Oceans cover about 70% of the Earth’s surface, but governance beyond national jurisdictions has long been weak.
• The High Seas Treaty, formally known as the Agreement under UNCLOS on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ), was finalised in March 2023 and will enter into force in January 2026 after Morocco became the 60th country to ratify it.
• Environmentalists call it a “once-in-a-generation conservation event”, as it provides a global legal framework for protecting biodiversity in international waters, which constitute about two-thirds of oceans.

Historical Background

• UNCLOS, 1982: Established broad principles for use of oceans but left gaps regarding biodiversity beyond national jurisdiction.
• Two decades of negotiations: Since 2004, countries debated conservation, benefit-sharing, and ocean governance.
• Finalisation in 2023: UN member states reached consensus after marathon talks.
• Ratification milestone (2025): With 60 nations’ ratification, it becomes binding international law from January 2026.

Key Features of the Treaty

Marine Protected Areas (MPAs)

• Enables creation of protected zones in the high seas.
• Targets to conserve 30% of world’s oceans by 2030 (30×30 goal).
• Environmental Impact Assessments (EIAs)
  • Countries must assess the environmental impact of activities in their waters that could affect high seas biodiversity.
• Sustainable Use of Marine Resources
  • Framework for sharing marine genetic resources, which are crucial for biotechnology and medicine.
• Technology Transfer & Funding
  • Encourages developed nations to support developing countries with scientific knowledge, funding, and technology.
• Deep-Sea Mining & Geo-engineering Restrictions
  • No deep-sea mining allowed until the International Seabed Authority (ISA) develops robust regulatory mechanisms.
• Decision-making
  • Multilateral decisions through Conferences of Parties (CoP), not unilateral moves by states.
• No Punitive Enforcement Mechanism
  • Relies on states to regulate their entities, reflecting the principle of cooperation and good faith.

Significance of the Treaty

• Environmental Conservation
  • Protects fragile ecosystems such as hydrothermal vents, coral reefs, and migratory species.
  • Addresses threats like plastic pollution, overfishing, deep-sea mining, and geo-engineering experiments.
• Climate Change Link
  • Oceans absorb about 25% of anthropogenic CO₂ and 90% of excess heat.
  • Healthy high seas are vital for climate mitigation.
• Scientific Collaboration
  • Facilitates joint research and data sharing, particularly important for developing countries with limited marine capacity.
• Global Commons & Equity
  • Prevents the “tragedy of the commons” where some nations exploit resources disproportionately.
  • Promotes equitable benefit-sharing from marine genetic resources, akin to principles in the Nagoya Protocol on biodiversity.

Challenges and Limitations

• Ratification Gap
• Many major powers, including India (signed but not ratified) and the USA (policy inconsistencies), are yet to ratify.
• Among G7, only France has ratified so far.
• Enforcement Weakness
• Lacks punitive mechanisms; compliance depends on national will.
• Conflict of Interests
• Tensions between conservation goals and economic interests such as fishing, deep-sea mining, and geo-engineering.
• North-South Divide
• Developing nations demand financial and technological support; developed nations often reluctant.
• Institutional Overlap
• Multiple bodies already regulate parts of ocean governance (e.g., IMO, ISA, FAO). Risk of duplication and conflicts.

India’s Position

• Signed but not ratified.
• Government says ratification will follow enabling legislation in Parliament.
• India has one of the longest coastlines (over 7,500 km) and a growing “Blue Economy” agenda, making the treaty crucial.
• India must balance:
  • Its economic ambitions in deep-sea mining, fisheries, and exploration.
  • Its responsibilities in marine biodiversity conservation.

Global Geopolitical Context

• United States: Signed under Joe Biden, distanced under Donald Trump. Its long-standing refusal to ratify UNCLOS complicates matters.
• European Union: Strong supporter, aligning treaty with its Green Deal and Ocean Governance Strategy.
• China: Focused on deep-sea mining rights, careful about resource-sharing commitments.
• Small Island Developing States (SIDS): Strong advocates, as their survival depends on healthy oceans.

Linkages with Other Global Agendas

• UN SDGs: Supports Goal 14 (Life Below Water), and indirectly SDG 13 (Climate Action).
• Paris Agreement: Oceans’ role in carbon absorption strengthens climate targets.
• Kunming-Montreal Global Biodiversity Framework: Complements the 30×30 conservation goal.

Way Forward

• Wider Ratification
• Urgent need for major economies like India, US, Japan, and China to ratify.
• National Legislation
• Countries must create domestic laws to ensure compliance.
• Financing Mechanisms
• Dedicated funds for developing nations to enable research, monitoring, and enforcement.
• Strengthening Enforcement
• Develop reporting, peer-review, and compliance mechanisms to ensure accountability.
• Blue Economy Integration
• Align high seas conservation with sustainable economic opportunities such as eco-tourism, renewable energy, and fisheries.

Conclusion

• The High Seas Treaty represents a landmark in international environmental law and global commons governance. Entering into force in 2026, it symbolises hope for cooperative stewardship of the oceans.
• However, its effectiveness will depend on universal ratification, national implementation, and bridging the North-South divide. For India, ratification offers an opportunity to showcase global leadership in marine conservation while advancing its own Blue Economy
• As climate change accelerates, protecting oceans is no longer optional—it is central to the survival and prosperity of humanity.