Name

Biodiversity Beyond National Jurisdiction (BBNJ) Agreement; also called High Seas Treaty or Paris Agreement for Ocean.

Adopted Under

United Nations Convention on Law of Sea (UNCLOS)

Nature

First-ever legally binding treaty to protect marine biodiversity in areas beyond national jurisdiction (ABNJ).

Primary Objective

Protection, sustainable use & equitable benefit-sharing of marine biological diversity in high seas.

Coverage

High seas Areas beyond 200 nautical miles (370 km) from national coastlines; covers 60% of ocean surface.

Key Features

1. Establishment of Marine Protected Areas (MPAs).
2. Regulation of Environmental Impact Assessments (EIAs).
3. Equitable sharing of Marine Genetic Resources (MGRs).
4. Creation of a Conference of Parties (CoP).
5. Application of precautionary principle & ecosystem-based management.
6. Support for capacity building & technology transfer.

Ratification Requirement

Will enter into force 120 days after 60 countries formally ratify. (As of April 2025, 21 countries have ratified.)

Number of Articles

75 Articles

Major Targets

Protect 30% of world seas by 2030 (30x30 target, agreed at UN Biodiversity Conference 2022).
Implement comprehensive EIA for deep-sea activities.

Governance Mechanism

Scientific & Technical Body
Access & Benefit-Sharing Committee
Special Financial Fund
Secretariat
Conference of Parties (CoP)

Principles Followed

Precautionary principle, Ecosystem-based approach, Use of best available science & traditional knowledge

Monitoring & Surveillance

Enhanced surveillance mechanisms for high seas areas, support to developing countries for compliance.

Importance for SDGs

Direct contribution to SDG 14: Life Below Water & indirect contribution to SDGs on Climate Action, Global Partnerships etc.

Challenges

Ratification hurdles
Financial burden-sharing
Defining access & benefit-sharing mechanisms
Capacity building for developing nations

Examples of Covered Activities

Deep-sea mining, marine biotechnology, commercial fishing, carbon sequestration projects

Adopted

1982 (Montego Bay, Jamaica)

Entered Into Force

1994

Key Objective

Comprehensive legal framework governing all activities in oceans & seas.

Major Provisions

Territorial Sea (up to 12 nautical miles)
Contiguous Zone (up to 24 nautical miles)
Exclusive Economic Zone (up to 200 nautical miles)
Continental Shelf rights
Freedom of navigation
Conservation & management of marine resources
Deep Seabed Mining (regulated by ISA - International Seabed Authority)

Institutions Created

International Tribunal for Law of Sea (ITLOS)
International Seabed Authority (ISA)
Commission on Limits of Continental Shelf (CLCS)

Importance for BBNJ

Forms legal backbone for defining "Areas Beyond National Jurisdiction" (ABNJ); BBNJ is a supplement to UNCLOS focusing on biodiversity conservation.

Principles

Freedom of high seas
Common heritage of mankind
Protection & preservation of marine environment

India’s Status

Ratified UNCLOS in 1995

Main Legal Instruments

Territorial Waters, Continental Shelf, Exclusive Economic Zone & Other Maritime Zones Act, 1976
Environment Protection Act, 1986

Maritime Governance Bodies

Indian Coast Guard
Ministry of Earth Sciences (MoES)
Ministry of Environment, Forest & Climate Change (MoEFCC)
National Biodiversity Authority

Conservation Initiatives

Establishment of Marine Protected Areas (MPAs) like Gulf of Mannar Biosphere Reserve, Sundarbans National Park, etc.
Coastal Regulation Zone (CRZ) Rules

Major Programmes

Integrated Coastal Zone Management (ICZM)
National Centre for Sustainable Coastal Management (NCSCM)

Biodiversity Protection

Biological Diversity Act, 2002 (focuses on access to biological resources & fair benefit-sharing)
Indian National Biodiversity Action Plan

Marine Genetic Resources (MGR)

Research by institutions like CSIR-National Institute of Oceanography (NIO), Centre for Marine Living Resources & Ecology (CMLRE)

India's Role in Global Treaties

Member of UNCLOS, BBNJ negotiations
Active participant in International Seabed Authority & International Maritime Organization (IMO)

Expand Marine Protected Areas (MPAs)

Current protection is only 1.44% of high seas.
Target Protect 30% of oceans by 2030.
MPAs help recover fish stocks, protect endangered species & conserve vital habitats.

Fair Distribution of Marine Genetic Resources (MGRs)

MGRs include genetic material from marine life with potential applications in medicine, industry & agriculture.
Treaty seeks equitable sharing of profits arising from MGR use, especially benefiting developing nations.

Develop Environmental Impact Assessment (EIA) Guidelines

EIAs ensure activities like deep-sea mining, fishing & exploration are conducted sustainably.
The Treaty mandates scientifically informed EIAs before authorizing potentially harmful activities.

Ratification Delays

Treaty requires 60 countries to ratify.
Some nations are cautious about new obligations.
Diplomatic push needed for faster adoption.

Operationalization Issues

Even after ratification implementing treaty demands clarity on decision-making processes, scientific advisory body formation & funding mechanisms.

Low Existing Marine Protection

Current high-seas conservation is extremely low.
Achieving 30% protection by 2030 will require unprecedented global cooperation & rapid MPA establishment.

Scientific & Resource Gaps for EIAs

Effective EIAs require extensive scientific research.
The treaty does not yet allocate direct funds for scientific support.
Risk of insufficient scientific backing.

Ratification Status

India has not yet ratified treaty (as of 2025).

Advocacy

Advocated for BBNJ Treaty implementation during G20 2023 Summit.
Shows recognition of its global importance.

Strategic Importance

With a 7,500 km coastline & growing maritime economy Indian participation is crucial for regional & global support.

Potential Impact of India's Signing

Would signal strong regional leadership.
Could influence other developing nations to ratify, speeding up global implementation.

India’s Strengths

Strong marine science research infrastructure (e.g. NIO, NIOT, INCOIS).
Can contribute technical expertise to formulating regulations & best practices.

PRACTICE QUESTION

Q. Biodiversity Beyond National Jurisdiction (BBNJ) Treaty represents a significant step toward conservation & sustainable use of marine resources in international waters. Critically analyze objectives, challenges & implications of treaty with a special focus on India's maritime interests.