Context: India unlikely to ratify ‘High Seas Treaty’ at U.N. Ocean Conference

Source: The Hindu

At the current United Nations Ocean Conference in Nice, France, India is not expected to ratify the Biodiversity Beyond National Jurisdiction (BBNJ) agreement, which is colloquially referred to as the “High Seas Treaty.”

The agreement was signed by India in September 2024, but official ratification has not yet taken place. The government must change some laws, such as the Biological Diversity Act, before moving forward.

The treaty has been ratified by 49 nations as of June 10. The treaty will become operative after 60 nations have finished the process.

The sharing of resources is one of the BBNJ’s most controversial features. The high seas, which are located outside of nations’ exclusive economic zones, are known to support unusual and exotic marine species and are not governed by any one government. A clear system for the fair distribution of any financial gains has not yet been established, notwithstanding the fact that commercial extraction is still technically difficult.

The nation’s manned submersible project, Samudrayaan, is scheduled for the trial dive in 2026 and is anticipated to descend to ocean depths of up to 6,000 meters. India has banned single-use plastics countrywide and has invested over $80 billion in the Blue Economy.

At the meeting, India reaffirmed its demand for a legally binding Global Plastic Treaty and unveiled the “SAHAV” digital ocean data site, demonstrating its increasing prominence in international marine conservation initiatives.

Model Question:

Discuss the significance of the BBNJ (Biodiversity Beyond National Jurisdiction) Treaty in the context of global marine governance. What are the challenges and opportunities it presents for India?

Model Answer:

The BBNJ Treaty, also known as the High Seas Treaty, is a landmark international agreement adopted in March 2023 under the framework of the United Nations Convention on the Law of the Sea (UNCLOS). It aims to protect marine biodiversity in areas beyond national jurisdiction, which make up nearly two-thirds of the world’s oceans.

Significance in Global Marine Governance:

1. It fills a crucial legal gap in existing international maritime laws by enabling the conservation and sustainable use of marine biodiversity in the high seas.
2. Introduces Marine Protected Areas (MPAs) to safeguard critical ecosystems and species.
3. Facilitates equitable sharing of benefits arising from marine genetic resources, addressing concerns of developing countries.
4. Establishes mechanisms for environmental impact assessments (EIAs) in areas previously unregulated.

Opportunities for India:

1. As a signatory, India can influence global maritime norms and contribute to sustainable ocean governance.
2. Offers potential access to marine genetic resources, fostering research and biotech innovation under a fair regime.
3. Supports India’s commitment to the Blue Economy, aligning with initiatives like Deep Ocean Mission and Ocean Services.
4. Enhances India’s diplomatic image as a responsible maritime nation and voice for the Global South.

Challenges for India:

1. Balancing developmental and environmental priorities in oceanic resource utilization.
2. Need for technical capacity and scientific infrastructure to monitor and explore areas beyond national jurisdiction.
3. Potential geopolitical frictions over access, benefit-sharing, and enforcement mechanisms.

The BBNJ Treaty marks a historic step toward comprehensive ocean governance. For India, it represents both a strategic opportunity and a regulatory challenge. Proactive engagement, capacity building, and scientific innovation will be key to leveraging its full potential.