India Signs High Seas Treaty for Fair, Equitable Sharing of Benefits

India has taken a significant step towards ocean conservation by joining the BBNJ Agreement, commonly known as the High Seas Treaty. This landmark treaty was signed at the United Nations headquarters in New York, and aims to ensure the persistent health and resilience of our oceans.

The High Seas Treaty is an international accord under the United Nations Convention on the Law of the Sea (UNCLOS). Covering nearly two-thirds of the world’s oceans—or about half the planet’s surface—these areas are some of the most ecologically essential yet critically threatened and least protected regions on Earth. In fact, less than 1% of these areas are currently fully or highly protected.

The treaty is designed to address growing concerns over the long-term protection of marine biodiversity in the high seas. It sets forth detailed mechanisms for the sustainable use of marine biological diversity, championing international cooperation and coordination. The treaty ensures that no single country can claim or exercise sovereign rights over the marine resources derived from the high seas, and underscores the fair and equitable sharing of associated benefits.

An inclusive, integrated, ecosystem-centric approach is at the heart of the treaty, which is founded on the precautionary principle. By promoting the use of traditional knowledge alongside the best available scientific knowledge, the treaty seeks to minimize impacts on the marine environment through area-based management tools and sets forth rules for conducting environmental impact assessments.

In March 2023, after five years of rigorous negotiations, the global community celebrated a milestone achievement in efforts to stem biodiversity loss when nations reached a consensus on the High Seas Treaty to protect ocean life. Once ratified by at least 60 countries, the treaty will provide the necessary legal framework to fill many of the governance gaps that have long plagued ocean conservation and offer a roadmap for biodiversity conservation in areas beyond national jurisdictions.

Recognized as the world’s first unified, legally binding framework aimed at specifically protecting high seas biodiversity, the treaty has garnered widespread support. According to the High Seas Alliance, this agreement follows two decades of discussions and is a crucial step towards the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction.

At a recent workshop in Chennai on the BBNJ, PK Srivastava, an advisor to the Union Ministry of Earth Sciences, highlighted that the ministry plans to establish a dedicated institutional mechanism to oversee the developments related to the agreement. “This authority will manage the necessary regulations, studies, and other activities related to the treaty,” Srivastava stated.

He stressed the importance of detailed discussions and potential modifications to existing legislation to ensure it meets the requirements for the treaty’s effective implementation. He mentioned that the Environment Protection Act could be utilized for conducting environmental impact assessments in alignment with the BBNJ Agreement.

India’s move to join the High Seas Treaty signifies its commitment to international efforts aimed at safeguarding marine ecosystems for future generations.