High Seas Treaty Enters Into Force

The High Seas Treaty, officially named the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ), is an international treaty under the United Nations Convention on the Law of the Sea (UNCLOS) for long-term protection of marine biodiversity in the high seas.
The treaty was finalised in 2023 after 15 years of negotiations.

The United Nations Convention on the Law of the Sea, also known as the Law of the Sea Treaty, is a comprehensive international treaty adopted in 1982 that establishes the legal framework for all ocean and maritime activities.
The Convention defines rights, responsibilities, and rules for navigation, resource management, and environmental protection.
The Convention has created three new institutions on the international scene :
- the International Tribunal for the Law of the Sea,
- the International Seabed Authority,
- the Commission on the Limits of the Continental Shelf.
India is a party to UNCLOS.

Parts of the sea that are not included in the territorial waters or the internal waters of a country are known as the high seas, according to the 1958 Geneva Convention on the High Seas.
It is the area beyond a country’s Exclusive Economic Zone (EEZ) which extends up to 200 nautical miles from the coastline and till where a nation has jurisdiction over living and non-living resources.
UNCLOS declares that the high seas are open to all States, granting countries rights such as the freedom to navigate, fish and conduct scientific research.

The high seas account for more than 60% of the world’s ocean area and cover about half of the Earth’s surface, which makes them a hub of marine life.
They are home to around 2.7 lakh known species, many of which are yet to be discovered. The high seas are fundamental to human survival and well-being.
Despite this, the high seas remain as one of the least-protected areas, with only about 1% of it under protection.

The High Seas Treaty rests on four major pillars designed to safeguard marine ecosystems.
- Conservation and protection of marine ecology through demarcation of Marine Protected Areas (MPAs);
- Establishment of the practice of mandatory environmental impact assessments (EIA) for any activity that is potentially polluting or damaging to the marine ecosystem;
- Fair and equitable sharing of benefits from marine genetic resources; and
- Capacity building and technology transfer, which demands that developing countries receive support so they can participate fully in protecting the ocean.

The 1982 UN Convention on Laws of the Seas is a comprehensive international law under which coastal states manage waters up to 200 nautical miles from their shorelines. However, international waters beyond this zone lacked strong protection.
The High Seas Treaty fills this governance gap by giving the international community a binding framework to conserve biodiversity in international waters.
BBNJ would serve as one of the implementing agreements under the UNCLOS.

The High Seas Treaty has come into effect, after it reached the threshold of ratification by 60 countries in September last year.
- The number of ratifications has since risen to 81, with China, Brazil and Japan adding their names to the list.
It is the first legally binding ocean instrument to provide for inclusive ocean governance and make vital contributions to addressing the “triple planetary crisis” of climate change, biodiversity loss and pollution.

After the entry into force, it becomes legally binding for the 81 nations that have ratified it so far, meaning that they agree to put it into effect at the national level.
- The countries that have so far ratified the BBNJ include several major economies, notably China, Germany, Japan, France and Brazil.
Though India signed the agreement in 2024, formal ratification is pending.

Ratification is the process by which a country agrees to be legally bound to the provisions of an international law.
This is separate from a mere signing on to an international law.
- Signing indicates that a country agrees with the provisions of the international law concerned, and is willing to abide by it. But till it ratifies it, the process for which varies from country to country, it is not legally bound to follow that law.
- It is possible for a country to sign on to but not ratify a treaty. In that case, it is not considered a party to the treaty.

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