High Seas Treaty: UN Adopts World’s First Agreement to protect Open Ocean

World’s First High Seas Treaty

The United Nations recently adopted a significant treaty aimed at protecting and conserving marine biodiversity in the high seas. This landmark agreement is legally binding and contains 75 articles that address urgent concerns such as global heating, toxic chemicals, and plastic waste. Once ratified by 60 countries, the treaty will become effective and regulate all human activities in the high seas, which comprise 64% of the ocean surface and about 43% of the Earth.

Adopted by the Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ), the “high seas” treaty aims at taking stewardship of the ocean on behalf of present and future generations, in line with the Convention on the Law of the Sea.

The treaty’s adoption is a critical step towards protecting the world’s oceans, which have been facing unprecedented threats to their health and biodiversity. The high seas, in particular, have been considered a ‘Wild West’ where a lack of regulations has allowed for overfishing, pollution, and other harmful activities.

By regulating all human activities in the high seas, this treaty will significantly contribute to the conservation and protection of marine biodiversity and the overall health of our oceans.

This article will delve deeper into the treaty’s objectives, provisions, and implications for the future of our oceans.

High Seas

Key Takeaways

• The UN has adopted a landmark treaty aimed at protecting and ensuring responsible use of the marine environment in the high seas.
• The treaty contains 75 articles that aim to address urgent concerns of global heating, toxic chemicals, and plastic waste, and regulate all human activities in the high seas.
• The treaty seeks to acheive the Kunming-Montreal Global Biodiversity Agreement target and place 30% of seas into protected areas by 2030 and establish vast marine protected areas to conserve marine biological diversity.
• The treaty covers environmental assessments, mechanisms for disputes, and provisions based on the polluter-pays principle, and recognizes the rights and traditional knowledge of indigenous peoples and local communities.

Highlights of the High Seas Treaty

Marine Biodiversity Agreement Overview

The recently adopted landmark treaty on marine biodiversity offers a comprehensive framework for protecting and conserving the high seas. Covering 75 articles, the treaty aims to address the urgent concerns of global heating, toxic chemicals, and plastic waste, among other issues. This is critical to the success of ocean-related goals and targets, given that the high seas comprise 64% of the ocean surface and are home to an estimated 2.2 million marine species and up to a trillion different kinds of microorganisms.

The treaty will regulate all human activities in the high seas once it becomes international law after ratification by member countries. The High Seas Treaty has four main objectives: demarcation of marine protected areas, sustainable use of marine genetic resources, initiation of the practice of environmental impact assessments, and capacity building and technology transfer.

The treaty recognizes the rights and traditional knowledge of indigenous peoples and local communities, as well as the need for fair and equitable sharing of benefits. It also considers the special circumstances facing small-island and landlocked developing nations.

By placing 30% of seas into protected areas by 2030 and establishing vast marine protected areas to conserve marine biological diversity, the treaty aims to prevent species extinctions caused by activities with environmental impacts in the high seas.

Threats to Ocean Health

Ocean health is threatened by various factors such as overfishing, pollution, and climate change.

Overfishing has led to the depletion of many fish populations, which can have cascading effects on entire marine ecosystems. The UN reports that more than one-third of global fish stocks are overexploited, and the high seas are especially vulnerable to overfishing due to the lack of regulation and enforcement.

Pollution is another significant threat to ocean health, with plastic waste being a particularly pressing issue. More than 17 million metric tons of plastic entered the world’s ocean in 2021, making up 85% of marine litter. This plastic not only harms marine life but can also have implications for human health as microplastics can enter the food chain.

Climate change and ocean acidification also have far-reaching effects on ocean health, with rising temperatures and changing ocean chemistry affecting everything from coral reefs to marine biodiversity.

Addressing these threats is critical to protecting the health of the ocean and the species that depend on it.

The High Seas Treaty: Objectives

Addressing the urgent concerns of global heating, toxic chemicals, and plastic waste, the High Seas Treaty aims to ensure the responsible use of the marine environment, with 75 articles covering four main objectives.

The first objective is the demarcation of marine protected areas, which will help to conserve and protect the biodiversity of the high seas. Currently, only 1.44% of high seas are protected, according to the International Union for Conservation of Nature (IUCN). The treaty will help to acheive the target of Kunming-Montreal Global Biodiversity Agreement to protect at least 30% of the ocean by 2030.

The second objective is the sustainable use of marine genetic resources, which will address the inequalities in sharing benefits from samples, research results, and monetary benefit-sharing.

The third objective is the initiation of the practice of environmental impact assessments, which will regulate commercial activities with significant impact on the marine ecosystem or causing large-scale pollution in oceans.

The fourth objective is capacity building and technology transfer, which will help developing nations to develop their capacity to monitor and manage their marine resources.

The High Seas Treaty will work as an implementation agreement under the United Nations Convention on the Law of the Sea (UNCLOS).

UNCLOS and the High Seas Treaty

UNCLOS is an international treaty that serves as the basis for the High Seas Treaty adopted by the UN to protect high seas biodiversity. UNCLOS provides a framework for state jurisdiction in maritime spaces and divides marine areas into five zones, including territorial waters, contiguous zones, exclusive economic zones, the continental shelf, and the high seas. The treaty aims to promote the peaceful use of the seas, equitable sharing of resources, and the conservation and management of marine resources.

United Nations Convention on the Law of the Sea (UNCLOS)

The High Seas Treaty builds on the legacy of UNCLOS and is the first-ever treaty to protect oceans outside national boundaries. It covers environmental assessments, mechanisms for disputes, and provisions based on the polluter-pays principle. The treaty establishes a conference of the parties to hold member states accountable on governance and biodiversity issues and recognizes the rights and traditional knowledge of indigenous peoples and local communities and the need for fair and equitable sharing of benefits.

By ratifying the treaty, countries can work towards the shared goal of protecting and conserving marine biodiversity in the high seas, which are home to about 2.2 million marine species and up to a trillion different kinds of microorganisms.

Marine Protected Areas

Marine protected areas serve as a refuge for stressed ocean systems, providing critical habitats for marine species under threat.

With only 1.44% of the high seas currently protected, the new UN High Seas Treaty will pave the way for the creation of large-scale marine protected areas on the high seas, which is crucial for meeting the global commitment of the Kunming-Montreal Global Biodiversity Agreement. The goal is to protect at least 30% of the ocean by 2030, and this treaty will help us get there.

The treaty recognizes the importance of marine protected areas in preserving marine biodiversity and ecosystem services.

Marine protected areas can help mitigate the impacts of climate change on marine ecosystems by promoting ecosystem resilience and providing a buffer against ocean acidification and warming.

These areas also serve as important research sites for studying marine species and their interactions with the environment.

The inclusion of marine protected areas in the High Seas Treaty is a crucial step towards the conservation and sustainable use of the ocean’s biodiversity, helping to ensure the resilience and productivity of the ocean for future generations.

Environmental Impact Assessments

The implementation of Environmental Impact Assessments (EIAs) is an important component of the new UN High Seas Treaty, ensuring that commercial activities with significant impact on the marine ecosystem or causing large-scale pollution in oceans are thoroughly assessed.

EIAs provide a comprehensive evaluation of the potential risks and impacts of human activities on the marine environment. These assessments are crucial to identifying potential negative effects on marine biodiversity, allowing for informed decision-making and the implementation of mitigation measures to reduce adverse impacts.

The new treaty mandates that States should conduct EIAs for activities that may significantly affect the marine environment in areas beyond national jurisdiction. This includes activities such as deep-sea mining, shipping, and oil exploration.

The UN High Seas Treaty recognizes the importance of protecting the marine environment and promoting sustainable use of marine resources. The inclusion of EIAs in the treaty is a significant step towards achieving these objectives, ensuring that the impacts of human activities on the high seas are thoroughly assessed, and effective measures are put in place to protect the marine environment.

Benefit Sharing and Indigenous Rights

The equitable sharing of benefits arising from marine expeditions and open accessibility of knowledge generated under the BBNJ Treaty recognizes the rights and traditional knowledge of indigenous peoples and local communities, promoting fairness and sustainability in the use of marine resources.

The treaty acknowledges that indigenous peoples and local communities have a close relationship with the ocean and rely on it for their livelihoods, cultural practices, and spiritual beliefs. The treaty seeks to protect and respect their rights, ensuring their participation in decision-making processes related to the use of marine resources.

The BBNJ Treaty also includes provisions for the fair and equitable sharing of benefits arising from the use of marine genetic resources. The treaty recognizes the importance of marine genetic resources for scientific research, innovation, and the development of new products and technologies.

However, it also acknowledges the need for benefits to be shared in a fair and equitable manner, taking into account the contributions of indigenous peoples and local communities to the conservation and sustainable use of marine biological diversity. The provisions under the treaty aim to address inequalities in sharing benefits from samples, research results, and monetary benefit sharing, promoting a more just and sustainable use of marine resources.

Goals for Biodiversity Conservation

Conservationists and policymakers around the world recognize that urgent action is needed to preserve the rich and diverse array of species that inhabit our oceans.

To address this, the new High Seas Treaty contains several goals for biodiversity conservation, including the demarcation of marine protected areas, the sustainable use of marine genetic resources, the initiation of environmental impact assessments, and capacity building and technology transfer.

One of the primary objectives of the treaty is to acheive the Kunming-Montreal Global Biodiversity Agreement target and place 30% of seas into protected areas by 2030. Currently, only about 1.44% of the high seas are protected, according to the International Union for Conservation of Nature (IUCN).

The establishment of vast marine protected areas aims to conserve marine biological diversity, which is under threat from climate change, overfishing, and pollution.

The treaty recognizes the rights and traditional knowledge of indigenous peoples and local communities and emphasizes the need for fair and equitable sharing of benefits arising from marine expeditions and open accessibility of knowledge generated.

By setting ambitious goals for biodiversity conservation and benefit sharing, the treaty offers guidance to build ecosystem resilience to tackle the adverse effects of climate change and ocean acidification.