Formal Name: The “Agreement on Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction” (BBNJ Treaty).
- Adoption: Adopted in 2023 to address the biodiversity crisis in the high seas.
- Legal Framework: It is the third implementing agreement under the UN Convention on the Law of the Sea (UNCLOS).
- Significance: The first legally-binding international treaty to safeguard marine life in the High Seas, the open ocean beyond national boundaries.
- India’s Status: India signed the agreement in September 2024.
- Core Objective: To address overexploitation, overfishing, pollution, and rising sea temperatures in areas beyond national jurisdiction.
- Global Goals: The treaty directly supports SDG Goal 14 (Life Below Water) and is essential for achieving the “30×30” target (protecting 30% of the world’s oceans by 2030).
The High Seas:
The High Seas (also “international waters”) comprise all ocean areas beyond national jurisdiction, specifically those outside the boundaries of Exclusive Economic Zones (EEZ).
- Scale: They cover nearly two-thirds (2/3) of the world’s total ocean area.
- Legal Status: Regarded as the “common heritage of humankind,” these waters grant all nations freedoms for navigation, fishing, scientific research, and other lawful activities.
- Ecological Importance: Ocean ecosystems are vital, producing half the planet’s oxygen, representing 95% of the biosphere, and functioning as the world’s largest carbon sink.
- Protection Gap: Despite this critical role, only 1% of the High Seas is currently under legal protection.
Core Tenets of the BBNJ Treaty
- Polluter Pays: Polluters bear the financial and managerial responsibility for their pollution.
- Equitable Benefit-Sharing: Fair distribution of benefits from marine genetic resources (MGRs) and digital sequence information.
- Inclusion of Traditional Knowledge: Utilize and protect the knowledge and rights of indigenous peoples and local communities.
I. UNCLOS: The Legal Framework for Oceans
- Core Mandate: An international agreement, in force since 1994, that establishes the comprehensive legal framework for all marine and maritime activities.
- Key Obligations: Mandates marine environmental protection and ensures freedom of scientific research on the high seas.
- Maritime Zones: Formally defines all maritime zones, including Internal Waters, Territorial Sea, Contiguous Zone, Exclusive Economic Zone (EEZ), and the Continental Shelf.
- Landlocked States: Grants landlocked states tax-free transit rights to and from the sea through transit states.
- Membership: Includes 167 member states and the European Union. India is a member.
- Enforcement Bodies: Establishes state liability for violations, administered through three key institutions:
- International Tribunal for the Law of the Sea (ITLOS)
- International Seabed Authority (ISA)
- Commission on the Limits of the Continental Shelf (CLCS)
II. The International Seabed Authority (ISA)
- Definition: An autonomous, Jamaica-based intergovernmental body established by the 1982 UNCLOS and its 1994 Implementation Agreement.
- Jurisdiction: Holds authority over the entire ocean floor beyond member states’ Exclusive Economic Zones (EEZs).
- Primary Function: Manages and controls deep-seabed resource exploitation within its jurisdiction, ensuring activities benefit humankind as a whole.
