The High Seas Treaty has now been ratified by over 60 countries, meeting the requirement for it to take effect. It will officially come into force in January 2026, marking a major milestone in global ocean conservation.
About the High Seas Treaty
- It is a legally binding agreement under UNCLOS (1982) to protect marine biodiversity beyond national jurisdictions.
- Covers nearly two-thirds of the world’s oceans, which previously lacked strong conservation rules.
- Introduces Marine Protected Areas (MPAs), Environmental Impact Assessments (EIAs), and fair benefit-sharing of Marine Genetic Resources (MGRs).
- Aims to support sustainable use, climate resilience, and international cooperation, especially benefiting developing countries.
Key Features of the Treaty
- Biodiversity Conservation: Establishes rules for protecting ecosystems beyond national boundaries.
- Marine Genetic Resources (MGRs): Treats these as shared resources, ensuring fair benefit-sharing among nations.
- Area-Based Management: Allows creation of MPAs to safeguard fragile marine habitats.
- Environmental Impact Assessments: Requires assessment of activities with potential ecological harm.
- Support for Developing Nations: Provides for capacity-building and technology sharing to bridge scientific gaps.
Conceptual and Legal Tensions
- Conflict between “Common Heritage of Mankind” (equitable sharing) and “Freedom of the High Seas” (open access).
- Only partial application of common heritage principles, especially for MGRs.
- Leads to ambiguity in rights and responsibilities of different states.
Issues with Marine Genetic Resource Governance
- No clear enforcement structure to regulate extraction and usage.
- Developing countries fear biopiracy and control of genetic patents by richer nations.
- Risk of unequal profit distribution, worsening North–South inequity.
Implementation and Monitoring Barriers
- High seas are hard to patrol and monitor due to vastness.
- Absence of a dedicated global enforcement authority weakens compliance.
- Heavy reliance on voluntary reporting reduces accountability.
Financial and Technological Divide
- Developing nations lack deep-sea research capacity, vessels, and data infrastructure.
- Technology transfer commitments are undefined and funding mechanisms unclear.
- May widen the global scientific and economic gap.
Balancing Ecology and Development
- Economic interests in deep-sea mining, fisheries, and biotechnological research may clash with conservation.
- No clear framework for prioritizing environmental protection over exploitation.
Conclusion
The High Seas Treaty is a landmark in safeguarding global ocean commons. However, its success depends on clearer governance rules, stronger enforcement, and fair technology and profit-sharing mechanisms. For India, integrating the treaty with its Blue Economy policy will help balance marine conservation and economic opportunities.
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