Between hope and hurdles on the high seas

India's recent signing of the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, also known as the High Seas Treaty, is being hailed as a significant step in global ocean governance. The treaty aims to protect marine biodiversity and promote the sustainable use of high-seas resources. However, its structural complexities, geopolitical challenges, and weak enforcement mechanisms have raised concerns about its long-term effectiveness.

Key Objectives and Goals of the Treaty

• Marine Biodiversity Conservation: The BBNJ Treaty focuses on conserving marine biodiversity, ensuring the sustainable use of resources, and promoting environmental impact assessments for harmful activities.
• Equitable Sharing of Benefits: A central aspect of the treaty is ensuring that profits derived from marine genetic resources are shared equitably, with a global fund intended for this purpose.
• Environmental Impact Assessments: The treaty mandates the conduct of Environmental Impact Assessments (EIAs) for planned activities in the high seas, aiming to minimize harmful effects on marine ecosystems.

Challenges and Structural Weaknesses

• Geopolitical Disputes and Territorial Claims: Disputes over maritime territories, especially in areas like the South China Sea, complicate the consensus on establishing Marine Protected Areas (MPAs) and hinder the treaty’s implementation.
• Enforcement and Accountability Issues: The treaty lacks robust enforcement mechanisms, especially concerning the reporting and sharing of profits from marine genetic resources, risking exploitation by wealthier nations.
• Capacity and Technology Gaps: Low and middle-income countries may face challenges in benefiting from the treaty, as it lacks enforceable mechanisms for capacity-building and technology transfer, creating inequalities in ocean governance.

Limitations and Potential for Reform

• Limited Scope and Overlooking EEZs: The treaty’s narrow focus on high seas governance neglects the interconnectedness of marine ecosystems and the impact of activities in Exclusive Economic Zones (EEZs), which often spill into international waters.
• Gaps in Oil and Gas Exploration Regulation: The treaty fails to address harmful activities, such as oil and gas exploration, which remain outside its scope, leaving significant gaps in its environmental protection framework.
• Need for a Cohesive Framework: For the treaty to succeed, there needs to be a unified approach that integrates high-seas and coastal regulations, with greater involvement of coastal states and international collaboration to bridge gaps in governance.

Practice Question:

Q. Critically analyze the challenges and opportunities presented by the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement in addressing marine biodiversity conservation and sustainable resource use. How can the treaty's framework be strengthened for effective implementation?