What is the BBNJ High Seas Treaty?

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Context

Indian Government to pass a law to protect its interests in the high seas, following the ratification of the BBNJ (Biodiversity Beyond National Jurisdiction) Agreement.

What is Biodiversity Beyond National Jurisdictions (BBNJ)?

BBNJ refers to marine biodiversity in areas beyond national jurisdiction, enclosing the high seas (water column beyond 200 nautical miles of a country’s Exclusive Economic Zone) and the international seabed (the "Area").

• These regions, cover nearly two-thirds of the global ocean and 90% of Earth’s habitable space, are global commons, not subject to any single nation’s sovereignty.

Ecological Significance: The high seas host 250,000 known species, with millions yet to be discovered, including deep-sea corals, sponges, and migratory species like whales. They regulate climate by acting as carbon sinks and support global fisheries.

Threats: Overfishing, plastic pollution (over 8 million metric tons annually), deep-sea mining, and ocean acidification threaten deep-sea creatures.

Governance Gap: The 1982 UN Convention on the Law of the Sea (UNCLOS) sets general principles but lacks specific mechanisms for biodiversity protection in Areas Beyond National Jurisdiction (ABNJ). Only 1% of high seas are currently protected.

The BBNJ Agreement, adopted in June 2023 under UNCLOS, is the third implementing agreement after the 1994 Part XI Agreement (seabed mining) and the 1995 UN Fish Stocks Agreement.

Key Features of the BBNJ Agreement

It is a legally binding framework under UNCLOS to conserve and sustainably use marine biodiversity in ABNJ.

Marine Genetic Resources (MGRs): Ensures fair and equitable sharing of benefits from MGRs (e.g., bioactive compounds for pharmaceuticals). A special fund, contributed by developed nations, supports developing countries.

• Case Study: Caribbean sponge, yielding anti-cancer compounds, highlights MGR potential. The BBNJ Agreement ensures equitable benefit-sharing, preventing monopolization by developed nations.

Area-Based Management Tools (ABMTs): Creates mechanisms to establish Marine Protected Areas (MPAs) through a process involving scientific review and consensus-based decisions by the Conference of Parties (COP).

Environmental Impact Assessments (EIAs): Mandates EIAs for activities that may harm high seas ecosystems, even if initiated within national jurisdictions. Results must be publicly disclosed.

Capacity Building and Technology Transfer: Supports developing nations, especially small island states, through marine technology transfers and training to enhance conservation efforts.

Institutional Framework: Establishes a Conference of the Parties (COP), scientific body, and compliance committee to oversee implementation.

Ratification Process: Becomes legally binding 120 days after 60 countries ratify it. As of August 2025, 141 countries have signed, and 54 countries have ratified it.

Significance of the BBNJ Agreement

Global Impact

Addresses governance gaps in ABNJ, aligning with the Kunming-Montreal Global Biodiversity Framework’s goal to protect 30% of oceans by 2030.

Promotes harmony among fragmented frameworks like Regional Fisheries Management Organisations (RFMOs).

Tackles emerging threats like deep-sea mining and plastic pollution, enhancing ocean resilience against climate change.

For India

Strengthens India’s strategic presence beyond its EEZ, aligning with the SAGAR vision for Indo-Pacific maritime cooperation.

Enhances access to MGRs for scientific research, supporting India’s biotech sector.

Reinforces India’s leadership in the Global South, complementing its Convention on Biological Diversity (CBD) commitments and Biological Diversity Act, 2002.

Contribute to SDG 14 (Life Below Water), supporting India’s marine conservation efforts, such as the 2007 seaweed ABS agreement with PepsiCo in Tamil Nadu.

Challenges related to BBNJ Agreement

Slow Ratification: Geopolitical tensions, like South China Sea disputes, West Asia instability, hinder consensus on MPAs.

Sovereignty Concerns: Southeast Asian nations and Bay of Bengal states concern MPAs may encroach on national economic interests, complicating conservation efforts.

Unequal Benefit Sharing: Wealthier nations with advanced technology may dominate MGR research, marginalizing developing countries. Treaty’s benefit-sharing mechanism lacks clear guidelines.

Implementation Gaps: The COP must coordinate with existing bodies (e.g., RFMOs) without undermining them, risking regulatory overlap.

Issue faced by India: Balancing strategic autonomy with treaty obligations, given India’s maritime disputes (e.g., with Pakistan over Sir Creek).

• Limited capacity for deep-sea research, with only 0.7% of GDP allocated to R& D.
• Geopolitical rivalry with China, whose deep-sea mining ambitions in the Indian Ocean Region challenge India’s interests.

Way Forward  

Integrated Governance: Coastal states should align domestic laws with international norms to create a comprehensive framework linking high-seas management with coastal regulations.

• The Ministry of Earth Sciences is preparing a new national law to address marine environmental issues, safeguard India's interests, promote conservation, and leverage benefit-sharing mechanisms.  

Incentivizing Compliance: Wealthier nations must provide technical and financial assistance to Global South nations for capacity-building and ensure equitable resource sharing to fund development efforts.

Strengthening Enforcement: Establishing robust monitoring and accountability frameworks to enhance transparency through international oversight of EIAs and profit-sharing mechanisms.

Building Political Consensus: Resolving geopolitical tensions, and promoting multilateral cooperation are essential for the treaty's long-term success.

Addressing Gaps: The international community must work towards clearer guidelines for deep-sea mining and more effective measures to address greenhouse gas emissions as part of ocean governance.

Conclusion

India’s approval of the BBNJ Agreement marks a step toward sustainable ocean governance, reinforcing its commitment to global biodiversity conservation and strategic maritime presence.   

Source: INDIAN EXPRESS