High Seas Treaty Adoption
Source : The Hindu
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Overview
- News in Brief
- What are the high seas?
- High Seas Treaty Adoption
Why in News ?
On June 19, the UN adopted the Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ) or the High Seas Treaty. It became the third agreement to be approved under UNCLOS, after the 1994 and 1995 treaties, which established the International Seabed Authority and the Fish Stocks agreement.
News in Brief
- It became the third agreement to be approved under UNCLOS, after the 1994 and 1995 treaties, which established the International Seabed Authority and the Fish Stocks agreement.
- In 2002, the notion of safeguarding the maritime environment first surfaced.
- The necessity of putting into effect an agreement by 2008 was acknowledged, which resulted in a United Nations General Assembly resolution in 2015 calling for the formation of a Preparatory Committee to draught the treaty.
- The Committee suggested hosting intergovernmental conferences (IGCs), and the treaty was finally approved in 2023 after five protracted IGC negotiations.
What are the High Seas?
- The high seas are those areas of the ocean that are not a part of a nation’s territorial or internal waters, as defined by the 1958 Geneva Convention on the High Seas.
- It is the region outside of a nation’s Exclusive Economic Zone.
- It can reach a distance of 200 nautical miles (370 km) from the shore and until which a country has control over both living and non-living resources.
- The management and preservation of resources in the high seas are the sole responsibility of no nation.
What is importance?
- The high seas, which make up roughly half of the surface of the Earth.
- Besides 60% of the world’s oceans constitute and are a major centre for marine life in this region.
- They are home to over 2.7 lakh species that are now recognized.
- The region diversity yet to explore and many species of which have not yet been found.
- Today, it is acknowledged that the high seas are also used for fishing, constructing undersea cables and pipelines, and aircraft overflight.
UN Effort to Codify Law in Geneva
- The first United Nations Conference on the Law of the Sea, which convened in Geneva in 1958
- Attempted to codify the law of the high seas, fell short in its efforts due to a number of problems, including the maximum allowed breadth of the territorial sea subject to state sovereignty.
- Second conference (Geneva, 1960) also failed to resolve this point.
- Third conference began in Caracas in 1973, later convening in Geneva and New York City.
Why conservation of High Seas is needed?
The high seas now have additional protection against such detrimental tendencies as pollution and irresponsible fishing practices, even though nations are still responsible for the conservation and sustainable use of rivers under their national authority.
- As it is far away from the shore not a part of a nation’s territorial or internal waters pollution responsibility shouldn’t be taken care of.
- These includes waste disposal in the sea, Oil Spills from rigs or exploration activity, other chemical spills.
- It can be considered to be least protected or never under the consideration of protection.
- Flora Fauna becomes endangered due to pollution pressure and atmospheric changes.
- Unsustainable, over exploited fishing activity in the region also trigger the destruction.
- The temperature variation due to global heating fueling phenomena like El Nino.
- Sustainable Development Goal (SDG) 14 conserving and sustainably using the oceans, seas and marine resources.
High Seas Treaty Adoption
- The convention intends to address important challenges such as rising sea surface temperatures, overfishing, coastal pollution, unsustainable practices outside of national borders, and overexploitation of marine biodiversity.
- To safeguard seas from human activity
- First step is to establish marine protected zones by a three-quarters majority vote
- It prohibits the decision from being obstructed by one or two groups.
History of High Seas Treaty
- The 1982 adoption of the United Nations Convention on the Law of the Sea (UNCLOS) have no comprehensive legal framework that contribute conservation of High Seas.
- Later in 2015 UNGA set up a binding legal document Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ).
- In order to complete the agreement as soon as possible, the European Union established the High Ambition Coalition on BBNJ.
Highlights of the treaty
- United Nations High Seas Treaty is a legally binding instrument.
- The new agreement has 75 provisions that are aimed at preserving the intrinsic worth of marine biological variety, safeguarding the integrity of ocean ecosystems, and guaranteeing the responsible use of the marine environment.
- Environmental Impact Assessments (EIAs)
- The member will have to undertake processes of screening, scoping, carrying out an Environmental Impact Assessment of the marine environment
- Participating parties are obliged to conduct environmental impact assessments
- When a planned activity may have an effect on the marine environment or
- When there is insufficient knowledge about its potential effects.
- Area-Based Management Tools
- Marine protected areas can be used to protect, preserve and maintain certain areas beyond national jurisdiction.
- As it provide some kind of long-term conservation, and in certain places, they are already well-established.
- Indigenous Community Consent
- Prior and informed consent or approval required for involvement of indigenous people and local communities in the region.
- Information and Technology Sharing
- Sharing of information and research results
- Develop and share manuals, guidelines and standards
- Collaboration and cooperation in marine science
- Develop and strengthen institutional capacity and national regulation or mechanisms.
- As part of the agreement, which will be decided by the conference of parties (COP), a special fund will be formed.
- The COP will also keep an eye on how the deal is being implemented.
Other Names of High Seas Treaty are Biodiversity Beyond National Jurisdiction treaty or BBNJ treaty. Parties to the agreement may be both governments and regional economic integration bodies.
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