What is the High Seas Treaty?

On June 19, the United Nations adopted the Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ), also known as the High Seas Treaty.
Following the establishment of the International Seabed Authority (ISB) and the Fish Stocks Agreement (FSA), it became the third agreement under UNCLOS.

The concept of maritime environmental protection evolved in 2002, leading to the realisation of the necessity for an agreement in 2008.
The UN General Assembly established a Preparatory Committee in 2015 to write the treaty.
Intergovernmental conferences (IGC) were held, culminating in the treaty’s approval in 2023.
The treaty’s goal is to use international collaboration to create international standards for the conservation of marine life outside state jurisdiction.

(1) Marine Protected Areas:

The treaty creates marine protected areas to protect the oceans from human activity.
Protected area decisions require a “three-quarter majority vote” to avoid blockage by a few groups.

(2) Sharing Benefits from Marine Genetic Resources:

The treaty requires scientific information and monetary rewards to be shared through a “clear house mechanism.”
The system ensures that information on marine protected areas, marine genetic resources, and area-based management techniques is freely accessible.

3) Capacity Development and Marine Technology:

The treaty places an emphasis on capacity building and the use of marine technology to analyse environmental effect.
The Scientific and Technical Body will develop standards and guidelines to assist nations with inadequate assessment capabilities.

(1) Marine Genetic Resources:

During the discussions, the question of sharing and exchanging information on marine genetic resources was a cause of contention.
Deliberations centred on the monitoring of information exchange and the potential barriers to bioprospecting research.

(2) Definition and Language:

The employment of words like “promote” or “ensure” in many areas of the treaty, notably in the context of benefit sharing, prompted heated arguments.

(3) Adjacency Issue:

The requirement for clauses permitting coastal states to exercise sovereign rights over seabed and subsoil in areas beyond their authority caused the negotiations to drag on.
The interests of landlocked and remote states complicate decision-making even more.

Several industrialised countries opposed the deal because they supported private businesses involved in advanced maritime technology research and development.
Russia and China also voiced concerns, with Russia eventually quitting during the last stage of consensus building, claiming that the pact lacks a balance between conservation and sustainability.

(1) Environmental Preservation:

The High Seas Treaty is critical for safeguarding marine biodiversity and dealing with serious concerns like overfishing and pollution.
It is a crucial step towards international cooperation in the preservation of our oceans’ health and sustainability.

(2) Global Cooperation and Research:

The pact supports the exchange of scientific information and international cooperation.
This will encourage study and lead to a greater knowledge of marine ecosystems, resulting in more effective conservation efforts.

The signing of the High Seas Treaty is a significant step forward in worldwide efforts to safeguard marine biodiversity beyond state borders.
Despite hurdles and debates, the treaty sets the ground for more global collaboration and the execution of legislation to protect our oceans for future generations.

Source: https://news.un.org/en/story/2023/06/1137857#:~:text=Adopted%20by%20the%20Intergovernmental%20Conference,the%20Law%20of%20the%20Sea.