Relevance for UPSC (GS Paper II – International Relations / Environment)

The High Seas Treaty, formally known as the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, was adopted in June 2023 after nearly two decades of negotiation under the United Nations Convention on the Law of the Sea (UNCLOS). It aims to protect marine biodiversity in areas beyond national jurisdiction—commonly referred to as the high seas—which cover nearly two-thirds of the world’s oceans. The treaty is expected to come into force in January 2026, following ratification by over 60 countries.

Objectives of the Treaty

• To preserve and sustainably use marine biodiversity beyond national boundaries.
• To recognise Marine Genetic Resources (MGRs) as the common heritage of humankind, ensuring fair and equitable benefit-sharing.
• To establish Marine Protected Areas (MPAs) and require Environmental Impact Assessments (EIAs) for activities that may harm the marine environment.
• To promote capacity building, technology transfer, and scientific cooperation among nations.
  

Major Challenges

1. Ambiguity in Principles:
   • The treaty seeks to balance two conflicting ideas — the “common heritage of humankind” (shared benefits and resources) and “freedom of the high seas” (unrestricted navigation and resource use).
   • Ambiguity over how benefits from marine genetic resources will be shared fairly remains unresolved.
     
2. Equity and Participation:
   • Developing nations fear exclusion from profits derived from research and discoveries in the high seas.
   • Limited capacity and technology access make it harder for smaller nations to implement treaty provisions.
     
3. Institutional Overlap:
   
   • The treaty must work alongside existing global bodies like the International Seabed Authority and Regional Fisheries Management Organisations. Coordination among these institutions remains a challenge.
     
4. Ratification and Enforcement:
   
   • While over 60 nations have ratified it, major powers such as the United States, China, and Russia are yet to join, creating uncertainty about its universal acceptance.
     
5. Operational Complexity:
   
   • Ensuring transboundary impact assessments, funding mechanisms, and monitoring systems for MPAs requires strong global cooperation and scientific governance.
     

Why It Matters

• Strengthens global commitment to Sustainable Development Goal 14 – Life Below Water.
  
• Bridges science, policy, and justice to ensure equitable ocean governance.
  
• For India, it reinforces the importance of maritime diplomacy and the Blue Economy vision, ensuring conservation and sustainable use of ocean resources.
  

One-line wrap:
The High Seas Treaty is a milestone in global marine conservation, but its success depends on fair benefit-sharing, universal participation, and coordinated ocean governance.

UPSC Prelims Practice Question:

Which of the following statements about the High Seas Treaty (BBNJ Agreement) is/are correct?

1. It is the first legally binding global agreement under UNCLOS to conserve and sustainably use marine biodiversity in areas beyond national jurisdiction.
   
2. It incorporates principles of both “common heritage of humankind” and “freedom of the high seas.”
   
3. It mandates the creation of Marine Protected Areas and requires Environmental Impact Assessments for high seas activities.
   

Select the correct code:
A. 1 and 2 only
B. 1 and 3 only
C. 2 and 3 only
D. 1, 2 and 3

Answer: D