The Indian government announced on Monday its decision to sign and ratify the High Seas Treaty, a new international legal framework aimed at maintaining the ecological health of the oceans.
Negotiated last year, the treaty focuses on reducing pollution and ensuring the conservation and sustainable use of biodiversity and other marine resources in ocean waters.
Understanding the High Seas Treaty
What are High Seas?
High seas are areas outside the national jurisdiction of any country.
The treaty is also known as the Agreement on Biodiversity Beyond National Jurisdictions (BBNJ).
Formally called the Agreement on Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction.
Scope and Jurisdiction
National jurisdictions extend up to 200 nautical miles (370 km) from the coastline, known as exclusive economic zones (EEZs).
Areas outside of EEZs are the high seas or international waters, constituting about 64% of the total ocean area.
These high seas are considered global commons, belonging to no one and everyone at the same time.
Existing Frameworks
The 1982 UN Convention on Laws of the Seas (UNCLOS) lays down broad frameworks for legitimate behavior on and use of seas and oceans.
UNCLOS addresses issues such as sovereignty, passage rights, and rights of exclusive economic usages.
However, UNCLOS does not specify how the objectives should be achieved, which is where the High Seas Treaty comes in.
Objectives of the High Seas Treaty
Conservation and Protection
Demarcation of Marine Protected Areas (MPAs) similar to national parks or wildlife reserves.
Regulated activities in MPAs and dedicated conservation efforts.
Equitable Sharing of Benefits
Ensuring fair and equitable sharing of benefits from marine genetic resources.
Recognizing the potential commercial value of ocean organisms, such as in drug discovery.
Mandatory Environmental Impact Assessments (EIA)
Mandatory EIAs for any activity potentially polluting or damaging to marine ecosystems.
Public disclosure of EIA results.
EIAs for activities within national jurisdictions if the impacts are expected in the high seas.
Capacity Building and Technology Transfer
Transfer of marine technologies to developing countries.
Capacity building to help developing countries utilize ocean benefits while contributing to conservation.
Ratification and Implementation
Ratification Process
The High Seas Treaty will come into force once 60 countries ratify it.
The treaty becomes international law 120 days after the 60th ratification is submitted.
Distinction Between Signing and Ratifying
Signing indicates agreement with the treaty's provisions but does not legally bind the country.
Ratification legally binds a country to the treaty’s provisions.
In many countries, ratification requires the consent of the legislature.
Significance and Potential Impact
Comparison to Paris Agreement
The High Seas Treaty is often compared to the 2015 Paris Agreement on climate change in its significance and potential impact.
The treaty deals only with oceans outside the national jurisdiction of any country.
Environmental and Economic Benefits
The treaty aims to address overexploitation of resources, biodiversity loss, pollution, and ocean acidification.
It seeks to ensure sustainable use and conservation of marine resources, benefiting both the environment and the global economy.
India’s Role
India, along with most other nations, participated in nearly 20 years of negotiation that resulted in the treaty.
The decision to sign and ratify the treaty aligns with India’s commitment to environmental conservation and sustainable development.
Details of the Treaty’s Provisions
Conservation and Protection of Marine Ecology
Marine Protected Areas (MPAs): The treaty calls for the establishment of MPAs to protect vulnerable marine ecosystems. These MPAs will function similarly to national parks on land, with regulated activities to ensure conservation efforts.
Overexploitation and Pollution: The treaty aims to address the overexploitation of marine resources and pollution, including the dumping of plastics and other waste, which significantly harm marine life and ecosystems.
Equitable Sharing of Marine Genetic Resources
Marine Genetic Resources: The treaty ensures that the benefits derived from marine genetic resources, such as potential new drugs, are shared fairly and equitably among all countries. This is crucial as many marine organisms have unique properties that can be of immense value to humanity.
No Proprietary Rights: The treaty makes it clear that there cannot be proprietary rights of any country over these resources, promoting a global approach to marine biodiversity.
Environmental Impact Assessments (EIA)
Mandatory EIAs: For any activity that could potentially harm the marine environment, an EIA must be conducted and made public. This includes activities within national jurisdictions if their impacts extend to the high seas.
Transparency: The public disclosure of EIAs ensures transparency and allows for informed decision-making regarding activities that affect marine ecosystems.
Capacity Building and Technology Transfer
Support for Developing Countries: The treaty emphasizes the importance of building capacity and transferring marine technologies to developing countries. This will help them benefit from the oceans while contributing to their conservation.
Sustainable Development: By providing developing countries with the necessary tools and knowledge, the treaty supports sustainable development goals.
Importance of Ratification
Becoming International Law: The treaty will become international law once it is ratified by 60 countries. As of now, 91 countries have signed the treaty, with eight already ratifying it.
Binding Obligations: Once ratified, countries are legally bound to adhere to the treaty’s provisions, ensuring a coordinated global effort to protect the high seas.
Conclusion
The High Seas Treaty represents a landmark agreement in international maritime law, aimed at protecting and conserving the vast, unregulated areas of the ocean. By signing and ratifying this treaty, India reinforces its commitment to global environmental sustainability and responsible use of marine resources.
Importance for Competitive Exams
This article is crucial for aspirants preparing for UPSC CSE, UPSC CAPF, Assistant Commandant, Essay writing, current affairs, NDA, CDS, SSB Interview, AFCAT, IAS, IB ACIO, and other competitive exams. It provides detailed insights into international environmental agreements, maritime law, and global efforts to conserve marine biodiversity. Understanding these aspects can significantly aid in answering questions related to environmental policies, international relations, and global sustainability initiatives in these examinations.
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