Fri. Mar 29th, 2024

A victory of multilateralism and attempts to counter the destructive trends facing ocean health. The Biodiversity Beyond National Jurisdiction (BBNJ) Treaty has been accepted in principle.

The United Nations (UN) member nations have agreed on the historic treaty through consensus.

This seeks to ensure the conservation and sustainable use of marine biodiversity in international waters that do not fall under the jurisdiction of any nation, marking a breakthrough after nearly two decades of protracted negotiations.

The treaty put forth the idea of protecting marine life, including the question of sharing resources and benefits and measures like area-based management tools.

The agreement was to be finalized by 2022, but negotiations over the language and COVID-19 pandemic-related delays pushed it further.

What is referred to as the “high seas”?

Around two-thirds of the world’s water lies beyond any nation’s “Exclusive Economic Zones” (EEZ), which extend 200 nautical miles from the coastline, where it has special exploration rights.

This further suggests that any country can use the resources and undertake research in that area, resulting in large-scale drilling and overfishing.

However, until now, only 1 percent of these waters have been legally protected. Highlighting the vast majority of these unexplored areas exposed to a high risk of exploitation and the risks of climate change, shipping traffic, etc.

The BBNJ Treaty falls under the UN Convention on the Law of the Seas (UNCLOS), which came into force in 1994.

Why is the treaty important in ensuring the preservation of marine life?

According to the recent findings of the International Union for Conservation of Nature (IUCN), approximately 10 percent of marine species are on the brink of extinction.

Researchers like Dr. Ngozi Oguguah from the Nigerian Institute for Oceanography stated that overfishing and pollution pose a high risk of extinction. As per the Red List issued by IUCN, sharks are at high risk of extinction as it is a prominent seafood.

The treaty has taken a significant step forward by putting the world’s international waters into Marine Protected Areas (MPAs), further achieving the global goal of protecting 30 percent of the world’s oceans by 2030.

This means that in around 30 percent of the world’s oceans, damaging human activities like deep-sea mining, commercial fishing, etc., would become prohibited or limited.

In addition, the ocean plays a critical role in regulating climate, as it acts as a “carbon sink,” absorbing over 30 percent of carbon dioxide and 90 percent of the heat generated by fossil fuel emissions.

The preamble of the treaty emphasized acknowledging the need to address biodiversity loss and ecosystem degradation inside the ocean “in a coherent and cooperative manner.”

Most importantly, the treaty does not reduce the status of indigenous people to that of mere bystanders. Instead, the preamble “recalls” the UN Declaration for Human Rights of Indigenous People as well as emphasizes that nothing in the proposed agreement will reduce or extinguish the existing rights of indigenous people and communities.

Threats to our common International Waters:

At present, international waters are facing various threats on multiple fronts, given that they remain largely unregulated.

The leading cause of adverse effects on marine animals and their habitats is ‘overfishing.’ According to the IUCN and the World Wildlife Fund (WWF), more than a third of all sharks, rays, and shark-like fish are at risk of extinction. Another set of hazards includes plastic pollution and climate change.

Furthermore, the treaty seeks to regulate countries and companies that can access and share the benefits associated with the commercialization of “marine genetic resources.”

In addition, another crucial element is setting global standards for environmental impact assessments (EIA) on commercial activities in the ocean, such as mining.

Although critics have argued that states will conduct their own EIAs and make the final decision, other countries can negotiate their reservations with the monitoring bodies.

Yet member states of the United Nations have to adopt the agreement formally; only then could implementation begin.

Eminent Conventions surrounding the marine world:

  1. London Convention 

One of the first conventions on the protection of marine biodiversity from destructive human activities was the 1972 London Convention, which has been in force since 1975. Its objective is to promote effective control over all possible sources of marine pollution.

In addition, to take all the pragmatic steps to prevent pollution of giant water bodies through regulation of the dumping of wastes and other hazardous materials. Henceforth, the popular “black-and-gray list” approach was used.

Then, in 1996, the London Protocol was agreed upon to modernize the convention. Although it was more or less along the same lines as the convention, it is certainly more restrictive. Application of the “precaution approach” is deemed a general obligation, for instance.

  1. MARPOL Convention 

As part of the International Convention for the Prevention of Pollution from Ships (MARPOL), there are regulations that are intended to prevent and reduce pollution caused by ships, either through an accident or as a consequence of routine operations. 

This at present includes six Annexes:

  • Regulations for the Prevention of Pollution by Oil 
  • Regulations for the Control of Pollution by Noxious Liquid Substances in Bulk
  • Prevention of Pollution from Harmful Substances Carried by Sea in Packaged Forms 
  • Prevention of Pollution by Sewage from Ships
  • Prevention of Pollution by Garbage from Ships 
  • Prevention of Air Pollution by Ships

How does the treaty help combat climate change?

Although climate change is not the focal point of the agreement, as the nature of the treaty entails ending ecological lawlessness, it certainly impacts climate change.

Human interference has been damaging and hampering coastal ecosystems’ ability to act as carbon sinks and absorb carbon dioxide from the atmosphere, consequently resulting in global warming.

The High Seas treaty offers a chance to slow down the vicious cycle by ensuring the conservation of the areas of international waters that have not yet been exploited—stabilizing Earth’s climate.

By Alaina Ali Beg

I am a lover of all arts and therefore can dream myself in all places where the World takes me. I am an avid animal lover and firmly believes that Nature is the true sorcerer.

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