A long-awaited treaty comes into being
We all know that 71% of the earth is covered by water. It is vital for human existence; right from producing oxygen to regulating the temperature to being a fundamental source of food both for the humans on land and organisms and plant life in the water. In the 21st century, the world has come to realise the importance of the oceans and its role played in the existence of humankind on earth. After almost two decades of pondering upon and deliberations, the countries of the world have finally come to an agreement to protect the high seas. The negotiations amongst the States are nothing but historic as the countries decide to protect the world’s oceans marine nature ten years down the line.
What is the treaty all about?
This treaty results in placing 30%1 of the seas into protected areas by the year 2030, thereby safeguarding and recuperating the life underwater. It took years of talks and almost 38 hours of long discussion on the evening of the agreement for the members of the United Nations to agree upon a legal framework protecting the ocean outside a country’s national jurisdiction.2 Since almost two-third of the world’s oceans lies outside the national jurisdiction of the States, this treaty will help legally bind the nations to follow a framework for establishing Marine Protected Areas (MPAs) against the loss of the wildlife and disperse the genetic resources of the high seas.
What are high seas?
High seas consist of the part of the ocean that do not come under any State’s jurisdiction, thus making them open to all States. Both the coastal and landlocked States can enjoy freedom of navigation, freedom of overflight, freedom to lay submarine cables and pipelines, freedom to construct artificial islands and other installations permitted under international law, freedom of fishing, freedom of scientific research, subject to the conditions and provisions laid down under various parts of the United Nations Convention on the Law of the Sea.3
The significance of the High Seas Treaty
Because of the very susceptible nature of the high seas, they are naturally more prone to exploitation in very many ways. The escalating capacities of fishing and shipping vessels along with the new and emerging activities like the deep seabed mining and marine bioprospecting open avenues of harm and dangers for the high seas notwithstanding the intentions behind the conduct of the activities.4 Owing to the significance of the high seas, the treaty is also called as the “High Seas Treaty” and plunges into addressing marine conservation along with the access and use of the marine genetic resources. It aims at protecting the marine biodiversity beyond national jurisdiction.5
This historic move is not only going to put the oceans to a sustainable use but also will help ensure a healthy existence and access for the generations to come. It took years of deliberations, non-agreements, and negotiations for such a noteworthy treaty to finally come into effect and that itself demonstrates how crucial it is for the world at large both in terms of its execution and the outcomes that will be conferred. This treaty, if executed well, will help the globe in reviving the marine biodiversity in a momentous manner.
India’s support for the High Seas Treaty
Since India has always been an active member of the United Nations, it supports the treaty too. Through its membership in the High Ambition Coalition, on 7-10-2021, India had already demonstrated its commitment towards preservation and sustainable use of the ocean resources and had ensured unconditional backing in meeting global biodiversity targets of protecting at least 30% of the world’s oceans by the year 2030.6
Oceanic harmony: A treaty for generations to come
This treaty brings along with it a lot of hopes and expectations; it carries the aspirations of generations who have been and will be part of this planet. This treaty has already made history and intends to make a future that feels secure both for humankind on earth and the life below water. The treaty has high stakes in all regards, as it aims to protect the planet’s largest water bodies – the oceans. This treaty, in all true senses, has proven how only collective efforts at the global level can help us preserve the oceans.
† Research Officer, School of Integrated Coastal and Maritime Security Studies, Rashtriya Raksha University, Gandhinagar. Author can be reached at eshamaken@gmail.com.
1. Esme Stallard, “Ocean Treaty: Historic Agreement Reached After Decade of Talks”, BBC News, 5-3-2023, <https://www.bbc.com/news/science-environment-64815782>.
2. Karen McVeigh, “High Seas Treaty: Historic Deal to Protect International Waters Finally Reached at UN”, The Guardian (5-3-2023), <https://www.theguardian.com/environment/2023/mar/05/high-seas-treaty-agreement-to-protect-international-waters-finally-reached-at-un>.
3. UN Convention on the Law of the Sea, 1982.
4. Karen McVeigh, “‘The Most Important Talks No One has Heard of’: Why the High Seas Treaty Matters”, The Guardian (28-2-2023),<https://www.theguardian.com/environment/2023/feb/28/one-of-the-most-important-talks-no-one-has-heard-of-why-the-high-seas-treaty-matters>.
5. “UN Delegates Reach Historic Agreement on Protecting Marine Biodiversity in International Waters”, United Nations, UN News, (3-5-2023), <https://news.un.org/en/story/2023/03/1134157>.
6. “30×30: India Joins High Ambition Coalition for Nature and People”, The Tribune, 7-10-2021 <https://www.tribuneindia.com/news/nation/30×30-india-joins-high-ambition-coalition-for-nature-and-people-321493>.
