Challenges Linked to High Seas Treaty

Syllabus: GS1/Geography/GS3/Environment 

In News

• The High Seas Treaty, ratified by over 60 countries, will take effect in January 2026.

Origin and Evolution of Treaty

• The High Seas Treaty process began in 2004 when the UN General Assembly formed a working group to address gaps in UNCLOS (1982) regarding Biodiversity Beyond National Jurisdiction (BBNJ).
• By 2011, countries agreed to negotiate four key areas: Marine Genetic Resources (MGRs), Area-Based Management Tools (ABMTs), Environmental Impact Assessments (EIAs), and capacity building with technology transfer. 
• After four Intergovernmental Conferences between 2018 and 2023, a final agreement was reached in March 2023, and the treaty was formally adopted in June 2023 and ratified in September 2025.

The Biodiversity Beyond National Jurisdiction (BBNJ) Agreement

• Overview: 
  • The BBNJ Agreement, or High Seas Treaty, is a global framework under UNCLOS to protect marine biodiversity in international waters. 
  • It establishes a global framework to govern marine biodiversity in international waters.
  • It designates Marine Genetic Resources (MGRs) as the common heritage of humankind, ensuring fair benefit-sharing. 
• Key Features: 
  • The treaty introduces Area-Based Management Tools (ABMTs), including Marine Protected Areas (MPAs), to enhance climate resilience and food security by integrating scientific and indigenous knowledge.
  • It mandates Environmental Impact Assessments (EIAs) for activities with potential cumulative or transboundary effects. 
  • It supports progress toward several Sustainable Development Goals, especially SDG14 (Life Below Water).
• Significance:
  • It aims to protect marine biodiversity and regulate sustainable use of ocean resources, tackling threats like climate change, overfishing, and pollution.
  • It promotes sustainable use through international cooperation, prohibits sovereign claims over high seas resources, and ensures fair benefit-sharing. 
  • The treaty adopts an inclusive, ecosystem-based approach, integrating traditional and scientific knowledge. 

Challenges

• The High Seas Treaty faces several challenges, including ambiguity between the principles of “common heritage of humankind” and “freedom of the high seas,” especially regarding Marine Genetic Resources (MGRs), leading to unclear rules on access, research, and benefit-sharing. 
• While the treaty introduces a framework for equitable sharing of MGR benefits, it lacks clarity on implementation, raising concerns about biopiracy and exclusion of developing nations. 
• Its effectiveness is further threatened by the non-ratification of major powers like the U.S., China, and Russia. 

Way Ahead

• The High Seas Treaty strengthens UNCLOS by introducing science-based rules for Environmental Impact Assessments (EIAs), Area-Based Management Tools (ABMTs), and benefit sharing. 
• However, vague language around Marine Genetic Resources (MGRs) and the “common heritage of humankind” principle poses implementation challenges.
• Effective delivery of the BBNJ agreement will require dynamic management of Marine Protected Areas (MPAs), regular monitoring, and integration of climate and biodiversity considerations for resilient ocean governance.
• Additionally, the treaty must harmonize with existing institutions such as the International Seabed Authority and Regional Fisheries Management Organisations to avoid legal conflicts and fragmentation in ocean governance.

Source: TH