India to ratify High Seas Treaty: What is the agreement — and its significance?

Sub: Environment

Sec: Int conventions

Context:

The Indian government announced it would sign and ratify the High Seas Treaty.

High Seas Treaty:

The treaty aims to maintain ocean health, reduce pollution, and sustainably use marine biodiversity and resources.
Known as the Biodiversity Beyond National Jurisdictions (BBO) Agreement.
91 countries have signed; 8 have ratified it.
Objectives of the Treaty:

Conservation and Protection: Focuses on marine ecology conservation.
Equitable Benefit Sharing: Ensures fair sharing of benefits from marine genetic resources.
Environmental Impact Assessments (EIA): Mandates EIAs for activities potentially degrading marine ecosystems.
Capacity Building and Technology Transfer: Aids developing countries in utilizing ocean benefits while conserving them.

Scope and Legal Framework:

Applies to high seas beyond national jurisdiction (beyond 200 nautical miles or Exclusive Economic Zones).
- High seas beyond national jurisdiction constitute about 51% of the total ocean area and are considered global commons.
- They belong to no one and everyone enjoys equal rights for navigation, overflight, economic activities, scientific research, or Laying of infrastructure like undersea cables.
Governed under the broader 1982 UN Convention on the Law of the Sea (UNCLOS).
- This 1982 agreement applies to the entire ocean area– territorial as well as international waters – and lays down the broad legal framework for governance on seas.
- Among other things, defines the boundaries of territorial waters, defines the rights and duties of nations regarding activities in the seas, and addresses issues such as sovereignty, passage rights, and rights of economic usage of resources like fish, oil, minerals, or gas.
UNCLOS sets general principles but the High Seas Treaty implements specific measures for international waters.

Marine Protected Areas (MPAs):

MPAs are akin to national parks in the ocean, regulating activities for conservation.
Current MPAs mainly in territorial waters; the treaty aims to establish MPAs in the high seas.
Currently. there are 18,200 MPAs, according to the latest update of the World Database of Protected Areas, the most comprehensive catalogue of protected areas on land as well as sea. These together cover about 8% of the total ocean area. Almost 90% of this area is in territorial waters.
Part of the Kunming-Montreal Global Biodiversity Framework to restore 30% of degraded marine ecosystems by 2030.

Equitable Sharing of Benefits:

High seas host diverse organisms with potential commercial value (e.g., in drug discovery and cosmetics).
The treaty ensures benefits are shared equally, with no country having proprietary rights.
According to the treaty, mandatory ElA for any activity that can potentially damage marine ecosystems will have to be made public.
An EIA is to be carried out for activities within national jurisdictions as well if the impacts are expected on the high seas.

Ratification Process:

Ratification is the process by which a country agrees to be legally bound to the provisions of an international law.
The treaty becomes international law after 60 countries ratify it.
Ratification binds countries legally; signing shows agreement but is non-binding until ratified.
- For instance, the US signed the 1997 Kyoto Protocol, the predecessor to the 2015 Parts Agreement. However, it did not ratify it.
Different countries have varied ratification processes (legislative approval, executive decision, etc.).

Source: IE