High Seas Treaty

Not to be confused with Convention on the High Seas.

BBNJ Agreement
Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction
TypeInternational legally binding instrument
Drafted4 March 2023
Signed20 September 2023
LocationNew York
ConditionRatification by 60 states
Signatories104 [1]
Parties(13) Bangladesh, Barbados, Belize, Chile, Cuba, Maldives, Mauritius, Federated States of Micronesia, Monaco, Palau, Seychelles, Singapore, Timor-Leste
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The United Nations agreement on biodiversity beyond national jurisdiction or BBNJ Agreement, also referred to by some stakeholders as the High Seas Treaty or Global Ocean Treaty,[2] is a legally binding instrument for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction.[3] There is some controversy over the popularized name of the agreement.[4] It is an agreement under the United Nations Convention on the Law of the Sea (UNCLOS).[5] The text was finalised during an intergovernmental conference at the UN on 4 March 2023 and adopted on 19 June 2023.[6] Both states and regional economic integration organizations can become parties to the treaty.[7]

In 2017, the United Nations General Assembly (UNGA) had voted to convene an intergovernmental conference (IGC) to consider establishing an international legally binding instrument (ILBI) on the conservation and sustainable use of biodiversity beyond national jurisdiction (BBNJ). This was considered necessary because UNCLOS did not provide a framework for areas beyond national jurisdiction.[8] There was a particular concern for marine biodiversity and the impact of overfishing on global fish stocks and ecosystem stability.[8]

The treaty addresses four themes:[9][10] (1) marine genetic resources (MGRs) and their Digital sequence information, including the fair and equitable sharing of benefits; (2) area-based management tools (ABMTs), including marine protected areas (MPAs); (3) environmental impact assessments (EIAs); and (4) capacity building and transfer of marine technology (CB&TMT). The area-based management tools and environmental impact assessments relate mainly to conservation and sustainable use of marine biodiversity, while the marine genetic resources and capacity building and transfer of marine technology include issues of economic justice and equity.[11]

Greenpeace called it "the biggest conservation victory ever".[12] The main achievement is the new possibility to create marine protected areas in international waters. By doing so the agreement now makes it possible to protect 30% of the oceans by 2030 (part of the 30 by 30 target).[13][12] Though the agreement does not directly address climate change, it also serves as a step towards protecting the ecosystems that store carbon in sediments.[14]

The treaty has 75 articles and its main purpose is "to take stewardship of the world’s oceans for present and future generations, care for and protect the marine environment and ensure its responsible use, maintain the integrity of undersea ecosystems and conserve marine biological diversity’s inherent value". The treaty recognizes traditional knowledge. It has articles regarding the "polluter-pays" principle, and different impacts of human activities including areas beyond the national jurisdiction of the countries making those activities. The agreement was adopted by the 193 United Nations Member States.[15]

Before the treaty can enter into force, it needs to be ratified by at least 60 UN member states. This process is likely to take some time. The former treaty, UNCLOS, was adopted in 1982 and entered into force in 1994. As of October 2024, UNCLOS has 170 parties.[16] The European Union pledged financial support for the process of ratification and implementation of the treaty.[17]

  1. ^ "Status of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction - list of signatories". United Nations. Retrieved 7 December 2023.
  2. ^ House of Commons Library. Ratification of the Global Ocean Treaty. By Nuala Burnett, Nikki Sutherland. Debate Pack, 25 April 2024. Number CDP 2024/0079
  3. ^ "Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction |". www.un.org. Retrieved 29 May 2023.
  4. ^ "'High Seas Treaty' name is inaccurate and should center biodiversity (commentary)". Mongabay Environmental News. 19 February 2024. Retrieved 8 March 2024.
  5. ^ "Protecting the ocean, time for action". oceans-and-fisheries.ec.europa.eu. 4 March 2023. Retrieved 29 May 2023.
  6. ^ "Statement attributable to the Spokesperson for the Secretary-General - on Int'l Legally Binding Instrument under the UN Convention on the Law of the Sea | United Nations Secretary-General". www.un.org. Retrieved 29 May 2023.
  7. ^ High Seas Treaty. Draft agreement. Part XII, article 66
  8. ^ a b "Governing areas beyond national jurisdiction". IUCN. 29 March 2019. Archived from the original on 18 March 2022. Retrieved 2 June 2022.
  9. ^ Tessnow-von Wysocki, Ina; Vadrot, Alice B. M. (23 December 2020). "The Voice of Science on Marine Biodiversity Negotiations: A Systematic Literature Review". Frontiers in Marine Science. 7. doi:10.3389/fmars.2020.614282. ISSN 2296-7745.
  10. ^ High Seas Treaty. Draft Agreement. Part II, III, IV and V
  11. ^ Tiller, Rachel; Mendenhall, Elizabeth; De Santo, Elizabeth; Nyman, Elizabeth (1 February 2023). "Shake it Off: Negotiations suspended, but hope simmering, after a lack of consensus at the fifth intergovernmental conference on biodiversity beyond national jurisdiction". Marine Policy. 148: 105457. doi:10.1016/j.marpol.2022.105457. hdl:11250/3132690. ISSN 0308-597X. S2CID 255023969.
  12. ^ a b Flores, Gaby. "How people power helped protect the oceans". Greenpeace. Retrieved 9 March 2023.
  13. ^ Kim, Juliana; Treisman, Rachel. "What to know about the new U.N. high seas treaty – and the next steps for the accord". NPR. Retrieved 9 March 2023.
  14. ^ Dryfoos, Delaney; Berwyn, Bob (14 March 2023). "Can the New High Seas Treaty Help Limit Global Warming?". Inside Climate News. Retrieved 22 July 2023.
  15. ^ Hemingway Jaynes, Cristen (20 June 2023). "Newly Adopted UN High Seas Treaty Gives Ocean a 'Fighting Chance'". Ecowatch. Retrieved 23 June 2023.
  16. ^ "United Nations Convention on the Law of the Sea". United Nations Treaty Series. Retrieved 4 October 2024.
  17. ^ "UN states agree 'historic' deal to protect high seas". France 24. 5 March 2023. Archived from the original on 5 March 2023. Retrieved 5 March 2023.