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BBNJ Agreement

9th July, 2024

BBNJ Agreement

Disclaimer: Copyright infringement is not intended.

Context:

  • The Union Cabinet, chaired by Prime Minister Narendra Modi, has approved India to sign the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement.

Biodiversity Beyond National Jurisdiction (BBNJ) Agreement

  • The United Nations agreement on biodiversity beyond national jurisdiction or BBNJ Agreement, also referred to by some stakeholders as the High Seas Treaty or Global Ocean Treaty,is a legally binding instrument for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction.
  • It is the third UNCLOS implementation agreement after the Part XI (mineral resources) and UN Fish Stocks Agreement (fisheries).

The treaty addresses four themes:

  • marine genetic resources (MGRs) and their Digital sequence information, including the fair and equitable sharing of benefits;
  • area-based management tools (ABMTs), including marine protected areas (MPAs);
  • environmental impact assessments (EIAs); and
  • capacity building and transfer of marine technology (CB&TMT).

Scientific and Environmental Focus:

  • Emphasises an ecosystem-centric approach based on precautionary principles.
  • Promotes use of traditional knowledge and scientific expertise.
  • Establishes rules for environmental impact assessments and area-based management.

Legal Framework:

  • It will enter into force upon ratification by 60 countries; currently, 91 countries have signed it and 8 have ratified.

Benefits for India:

  • Enhances India's strategic presence beyond its Exclusive Economic Zone (EEZ).
  • Facilitates scientific research, technology transfer, and capacity building.
  • Strengthens marine conservation efforts and global collaborations.

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

It was established through UNCLOS III (1973-1982), replacing the 1958 Convention on the High Seas. It came into force in 1994 after being ratified by the 60th nation, Guyana.

Parties and Support: As of May 2023, UNCLOS has 168 parties, including the European Union. The United Nations supports meetings of states party to the convention, but the UN Secretariat does not directly implement UNCLOS.

High Seas Treaty: In 2023, agreement was reached on adding a High Seas Treaty as an instrument to UNCLOS. This aims to protect ocean life in international waters, with measures like Marine Protected Areas and environmental impact assessments.

Implementing Bodies: The International Maritime Organization (IMO), International Whaling Commission, and the International Seabed Authority (ISA) play roles in implementing UNCLOS. ISA, specifically established by UNCLOS, manages activities in the international seabed area.

Conclusion:

  • India's approval to sign the BBNJ Agreement underscores its proactive stance on global environmental issues, strengthening its role in marine biodiversity conservation and international cooperation beyond national jurisdiction.

Further reading:

https://www.iasgyan.in/daily-current-affairs/un-high-seas-treaty-20

https://www.iasgyan.in/daily-current-affairs/un-high-seas-treaty-14

Source:

https://pib.gov.in/PressReleasePage.aspx?PRID=2031611

PRACTICE QUESTION

Q)  Which of the following statements regarding the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement are correct?

  1. The BBNJ Agreement addresses marine genetic resources (MGRs) and their Digital Sequence Information (DSI), focusing solely on the commercial exploitation of these resources.
  2. One of the themes covered by the BBNJ Agreement includes area-based management tools (ABMTs), such as marine protected areas (MPAs), aimed at conserving and sustainably using marine biodiversity.
  3. The BBNJ Agreement mandates mandatory technology transfer from developed to developing countries for marine scientific research.
  4. The agreement will enter into force after ratification by at least 60 countries, with 91 countries having signed it and 8 having ratified it so far.

(a) 1 and 2 only
(b) 2 and 3 only
(c) 2 and 4 only
(d) 1, 2, and 4 only

Answer: C

Explanation:

Statement 1 is incorrect. The BBNJ Agreement addresses marine genetic resources (MGRs) and their Digital Sequence Information (DSI), emphasizing both commercial exploitation and the fair and equitable sharing of benefits, not solely commercial exploitation.

Statement 2 is correct. The BBNJ Agreement indeed covers themes like area-based management tools (ABMTs), including marine protected areas (MPAs), aimed at conserving and sustainably using marine biodiversity.

Statement 3 is incorrect. While the BBNJ Agreement promotes technology transfer and capacity building, it does not mandate mandatory technology transfer from developed to developing countries for marine scientific research.

Statement 4 is correct. The BBNJ Agreement will enter into force upon ratification by at least 60 countries. Currently, 91 countries have signed the agreement, and 8 have ratified it, indicating progress towards its implementation.