Syllabus: GS3/Environment
Context
- Recently, the BBNJ Treaty of the United Nations (UN) crossed the threshold of 60 ratifications, with Morocco and Sierra Leone becoming the 60th and 61st signatories respectively, paving the way to enter into force in January 2026.
About the BBNJ Treaty
- It is the UN’s High Seas Treaty, formally known as the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ).
- It builds on the UN Convention on the Law of the Sea (UNCLOS), often referred to as the ‘Constitution For The Oceans’, adopted in 1982 and effective since 1994.
- It is designed to safeguard biodiversity in the high seas — areas that lie beyond national jurisdictions, and aligning with the Kunming-Montreal Global Biodiversity Framework goal of protecting 30% of the world’s land and sea areas by 2030.
- Currently, only 1.44% of the high seas are under any form of protection.
- It establishes legally binding rules to:
- Create Marine Protected Areas (MPAs) in international waters; At present, 6.35% of the ocean is protected, with just 1.89% designated as no-take MPAs, where extractive activities are prohibited.
- Ensure fair and equitable sharing of benefits from Marine Genetic Resources (MGRs);
- Mandate Environmental Impact Assessments (EIAs) for activities like deep-sea mining and carbon sequestration;
- Promote scientific cooperation, capacity building, and technology transfer;
| Criteria For Treaty To Enter Into Force – According to the UN, the criteria for a treaty to enter into force are typically outlined within the treaty itself. – For the BBNJ Treaty, the specific condition is: 1. The treaty enters into force 120 days after the deposit of the 60th instrument of ratification, approval, acceptance, or accession. 2. It means that once 60 countries formally ratify or accede to the treaty, a countdown of 120 days begins, after which the treaty becomes legally binding for those parties. |
India’s Role and Strategic Interests
- India’s Union Cabinet approved the signing of the BBNJ Treaty in July 2024 with the aim to enhance India’s strategic presence beyond its Exclusive Economic Zone (EEZ).
- It opens avenues for scientific research, and facilitates access to marine genetic resources and technology.
- India’s proactive stance reflects its commitment to Sustainable Development Goal 14 (Life Below Water) and its broader vision of environmental stewardship.
Next Steps: PrepCom and COP1
- Preparatory Commission (PrepCom): To define the operational mechanics of the treaty.
- These include setting up the scientific and technical bodies, determining qualifications for experts, and outlining procedures for reviewing MPA proposals.
- First Conference of Parties (COP1): It will be convened after the treaty enters into force, marking the beginning of formal implementation.
- These sessions have focused on governance, the Clearing-House Mechanism, financial rules, and resource mobilization.
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