BBNJ: The High Seas Treaty

Context
India has recently signed the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, a pivotal international treaty designed to protect marine biodiversity and promote sustainable resource use in international waters.

Key Features of the BBNJ Treaty

1. Conservation of Marine Biodiversity
   • Aims to safeguard ecosystems located beyond national jurisdiction, commonly referred to as the high seas.
2. Equitable Benefit Sharing
   • Mandates a fair distribution of profits derived from marine genetic resources through a global fund, benefiting both developed and developing nations.
3. Environmental Impact Assessments (EIAs)
   • Requires detailed evaluations of activities in international waters to prevent environmental damage.
4. Marine Protected Areas (MPAs)
   • Establishes protected zones in the high seas to preserve biodiversity and regulate human activities.
5. Capacity-Building and Technology Transfer
   • Promotes partnerships to enhance maritime research, governance, and equitable access to technology for all nations.
6. Third UNCLOS Implementing Agreement
   • Complements existing treaties on deep-sea mining and fisheries, filling critical regulatory gaps in ocean governance.

Significance of the BBNJ Treaty

1. Protecting Global Commons
   • Safeguards international waters, which account for over 60% of the world’s oceans and are crucial for global biodiversity.
2. Sustainable Marine Governance
   • Addresses regulatory gaps to ensure the sustainable conservation and use of marine resources.
3. Global Equity
   • Strives for a balance of responsibilities and benefits between developed and developing nations, fostering shared stewardship of ocean resources.

Challenges with the BBNJ Treaty

1. Delayed Ratification
   • Out of 104 signatories, only 14 nations have ratified the treaty, far from the 60 required for it to come into force.
2. Lack of Strategic Clarity
   • The treaty lacks a detailed roadmap for achieving its ambitious conservation and governance goals.
3. Territorial Disputes
   • Overlapping maritime claims, especially in regions like the South China Sea, hinder consensus on establishing Marine Protected Areas (MPAs).
4. Livelihood Concerns
   • Coastal communities reliant on marine resources fear economic restrictions and livelihood disruptions due to the establishment of MPAs.
5. Weak Accountability Mechanisms
   • Wealthier nations may underreport profits from marine genetic resources, undermining the treaty’s goal of equitable benefit-sharing.
6. Fragmented Regulations
   • Conflicts with existing agreements, such as the Convention on Biological Diversity (CBD), create enforcement challenges and regulatory overlaps.
7. Inequities in Capacity
   • Low and middle-income nations lack the necessary support for maritime research and access to advanced technologies.
8. Neglect of EEZ Impacts
   • The treaty overlooks harmful activities within Exclusive Economic Zones (EEZs), such as oil and gas exploration, limiting its overall environmental impact.

Measures to Address Challenges

1. Integrating High Seas and Coastal Regulations
   • Develop cohesive frameworks that link governance of high seas with coastal and EEZ policies for a comprehensive approach.
2. Promoting Incentives for Compliance
   • Encourage coastal states, particularly in the Global South, to align their domestic laws with international norms through financial and technical incentives.
3. Fostering Global Cooperation
   • Wealthier nations must provide technical and financial assistance to ensure equitable participation and benefit-sharing across all nations.
4. Transparent Accountability Mechanisms
   • Introduce robust monitoring systems to prevent underreporting and ensure fair distribution of profits from marine resources.
5. Strengthening Environmental Impact Assessments (EIAs)
   • Conduct comprehensive reviews of planned activities, including those related to oil and gas exploration, to minimize environmental risks.
6. Building Capacity in Developing Nations
   • Provide training, funding, and technology transfers to enhance maritime research and governance capabilities in low and middle-income countries.