
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
- Conservation of Marine Biodiversity
- Aims to safeguard ecosystems located beyond national jurisdiction, commonly referred to as the high seas.
 
 - Equitable Benefit Sharing
- Mandates a fair distribution of profits derived from marine genetic resources through a global fund, benefiting both developed and developing nations.
 
 - Environmental Impact Assessments (EIAs)
- Requires detailed evaluations of activities in international waters to prevent environmental damage.
 
 - Marine Protected Areas (MPAs)
- Establishes protected zones in the high seas to preserve biodiversity and regulate human activities.
 
 - Capacity-Building and Technology Transfer
- Promotes partnerships to enhance maritime research, governance, and equitable access to technology for all nations.
 
 - 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
- Protecting Global Commons
- Safeguards international waters, which account for over 60% of the world’s oceans and are crucial for global biodiversity.
 
 - Sustainable Marine Governance
- Addresses regulatory gaps to ensure the sustainable conservation and use of marine resources.
 
 - 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
- Delayed Ratification
- Out of 104 signatories, only 14 nations have ratified the treaty, far from the 60 required for it to come into force.
 
 - Lack of Strategic Clarity
- The treaty lacks a detailed roadmap for achieving its ambitious conservation and governance goals.
 
 - Territorial Disputes
- Overlapping maritime claims, especially in regions like the South China Sea, hinder consensus on establishing Marine Protected Areas (MPAs).
 
 - Livelihood Concerns
- Coastal communities reliant on marine resources fear economic restrictions and livelihood disruptions due to the establishment of MPAs.
 
 - Weak Accountability Mechanisms
- Wealthier nations may underreport profits from marine genetic resources, undermining the treaty’s goal of equitable benefit-sharing.
 
 - Fragmented Regulations
- Conflicts with existing agreements, such as the Convention on Biological Diversity (CBD), create enforcement challenges and regulatory overlaps.
 
 - Inequities in Capacity
- Low and middle-income nations lack the necessary support for maritime research and access to advanced technologies.
 
 - 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
- Integrating High Seas and Coastal Regulations
- Develop cohesive frameworks that link governance of high seas with coastal and EEZ policies for a comprehensive approach.
 
 - 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.
 
 - Fostering Global Cooperation
- Wealthier nations must provide technical and financial assistance to ensure equitable participation and benefit-sharing across all nations.
 
 - Transparent Accountability Mechanisms
- Introduce robust monitoring systems to prevent underreporting and ensure fair distribution of profits from marine resources.
 
 - Strengthening Environmental Impact Assessments (EIAs)
- Conduct comprehensive reviews of planned activities, including those related to oil and gas exploration, to minimize environmental risks.
 
 - Building Capacity in Developing Nations
- Provide training, funding, and technology transfers to enhance maritime research and governance capabilities in low and middle-income countries.
 
 
        
        
        
        