Challenges faced by the High Seas Treaty

Source: The post challenges faced by the High Seas Treaty has been created, based on the article “Between hope and hurdles on the high seas” published in “The Hindu” on 27th November 2024

UPSC Syllabus Topic: GS Paper2-International Relations-Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests.

Context: The article discusses the High Seas Treaty, signed by India, aiming to protect marine biodiversity and regulate resources beyond national jurisdictions. It highlights challenges like weak enforcement, geopolitical tensions, and gaps in aligning high-seas governance with coastal regulations.

What is the High Seas Treaty?

1. The High Seas Treaty, officially known as the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, aims to protect marine ecosystems and promote sustainable use of resources in areas beyond national jurisdictions.
2. It is the third implementing agreement under UNCLOS, after treaties on deep-sea mining and fisheries management.
3. Key goals include: Conserving marine biodiversity, sharing benefits from marine genetic resources, Requiring environmental impact assessments (EIAs) for harmful activities.

For detailed information on The UN High Seas Treaty read this article here

What are the challenges to the High Seas treaty?

1. Low Ratification Levels: Out of 104 signatories, only 14 have ratified the treaty, far from the required 60 for enforcement.
2. Maritime Disputes: Territorial conflicts, like in the South China Sea, delay consensus on Marine Protected Areas (MPAs). Coastal states worry MPAs may harm local economies and livelihoods.
3. Marine Genetic Resources: Wealthier nations might underreport profits from marine genetic resources, undermining the global sharing fund.
4. Overlapping Regulations: The treaty may conflict with the Convention on Biological Diversity, creating enforcement gaps and disadvantaging smaller nations.
5. Limited Technology Transfer: Low-income nations lack resources for maritime research. The treaty offers no enforcement mechanisms for equitable partnerships.
6. Overlooked Ecosystem Interconnections: Pollution and overfishing in Exclusive Economic Zones (EEZs) affect international waters, as seen in the 2021 X-Press Pearl disaster and overfishing in West Africa.
7. Weak Enforcement Framework: EIAs are required for planned activities but the treaty excludes harmful practices like oil and gas exploration. Coastal states often avoid international review of EIAs. Weak institutions and conflicting legal standards make enforcement difficult, especially in developing regions.

How can the treaty succeed?

1. Align Coastal and High-Seas Governance: Integrate regulations to address ecosystem interconnections, such as overfishing in West Africa depleting high-seas stocks.
2. Support Global South: Provide technical and financial aid for equitable participation in ocean research.
3. Commitment from Wealthier Nations: They must provide technical and financial aid.

Question for practice:

Examine the challenges faced by the High Seas Treaty in achieving its goals and suggest measures to ensure its successful implementation.