UN High Seas Treaty – Protecting Marine Biodiversity Beyond National Jurisdiction (BBNJ Agreement)
This topic is important for UPSC Prelims GS Paper 1 (Environment and International Agreements) and Mains GS Paper 2 (International Relations – Global Environmental Governance).
Introduction
The “High Seas” refer to ocean areas beyond the jurisdiction of any single nation, lying outside the 200 nautical miles Exclusive Economic Zones (EEZs). These vast regions constitute nearly 64% of the oceans and represent the global commons, vital for sustaining marine biodiversity, global climate regulation, and livelihoods. Protection of marine biodiversity beyond national jurisdictions has long posed challenges due to the complex legal and governance gaps governing these areas. The United Nations High Seas Treaty—formally known as the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement)—aims to fill these gaps by establishing a comprehensive international legal framework to protect ocean life and regulate human activities in the high seas.
Historical Background
The conservation of marine biodiversity on the high seas has been a subject of international attention under the United Nations Convention on the Law of the Sea (UNCLOS) since its adoption in 1982. However, UNCLOS left gaps concerning specific protections for biodiversity in areas beyond national jurisdiction (ABNJ). Initiatives to develop an implementing agreement began decades later, culminating in formal negotiations from 2018 to 2023 under the auspices of the UN.
After extensive discussions among UN member states, the text of the High Seas Treaty was finalized in March 2023 and formally adopted on June 19, 2023. This process involved balancing complex interests—environmental conservation, economic exploitation, technological equity, and sovereign rights—to forge a legally binding instrument addressing the unique challenges of ABNJ.
Adoption and Significance
The treaty entered the signature phase on September 20, 2023, and reached the ratification threshold in September 2025, setting the stage for its imminent entry into force. Its core objective is the long-term conservation and sustainable use of marine biological diversity beyond national jurisdiction, achieved through international cooperation and equitable benefit sharing.
The High Seas Treaty is the third implementing agreement under UNCLOS, alongside the 1994 Part XI Agreement and the 1995 Fish Stocks Agreement. It marks a major milestone in global ocean governance by providing mechanisms to conserve biodiversity on the high seas, previously often governed by fragmented and overlapping arrangements.
Key Provisions of the Treaty
Marine Protected Areas (MPAs)
The treaty enables the designation and management of Marine Protected Areas in ABNJ through a science-based, transparent, and inclusive process. MPAs serve as critical tools to conserve habitats and ecosystems essential for marine species, while allowing for sustainable use where compatible with conservation objectives. Importantly, the treaty clarifies that MPAs cannot infringe upon sovereign rights or claims but promote cooperative stewardship of shared resources.
Access to and Sharing of Marine Genetic Resources (MGRs)
Recognizing the commercial and scientific value of marine genetic resources in the high seas, the treaty establishes a framework for their fair and equitable sharing. This includes benefits arising from utilization—whether for pharmaceuticals, biotechnology, or other uses—ensuring that benefits are shared especially with developing countries, advancing economic justice and equity in access to ocean wealth.
Environmental Impact Assessments (EIAs)
The treaty mandates prior environmental impact assessments for activities likely to have significant adverse effects on marine biodiversity in the high seas. This precautionary measure applies even if activities originate within national jurisdictions but impact ABNJ, reinforcing accountability and precaution in ocean use.
Capacity Building and Technology Transfer
To enable effective participation by all states, particularly developing countries and Small Island Developing States, the treaty prioritizes capacity building and facilitates the transfer of marine technologies. This provision promotes inclusive access to scientific knowledge, tools, and expertise necessary for conservation and sustainable use efforts.
Governance and Funding Mechanisms
The treaty establishes institutional arrangements including a Conference of Parties to oversee implementation, subsidiary bodies, and a secretariat. It also sets up a financial mechanism to support conservation projects, technology transfer, and capacity building. These governance structures are designed to promote cooperation, transparency, and sustained investment in high seas biodiversity protection.
Importance of the Treaty
The High Seas Treaty contributes significantly to achieving Sustainable Development Goal 14 (Life Below Water) by targeting the conservation and sustainable use of marine resources. It strengthens global ocean governance by bridging legal and institutional gaps for ABNJ and promotes equitable access to ocean benefits, especially for developing nations.
By addressing biodiversity conservation, benefit sharing, environmental safeguards, and capacity building in a single framework, the treaty offers a holistic approach essential to safeguarding the health of the global ocean, which is critical for climate regulation, food security, and economic livelihoods worldwide.
India’s Role and Perspective
India, a signatory to the BBNJ Agreement, recognizes the treaty’s strategic and environmental significance. As a maritime nation with vast interests in the Indian Ocean Region (IOR), India supports sustainable use of ocean resources and enhancing marine biodiversity protection beyond its EEZ. The Ministry of Earth Sciences leads the implementation efforts, reflecting India’s commitment to global ocean governance.
India’s stance emphasizes the importance of equitable benefit sharing of marine genetic resources and capacity building to empower developing countries. The treaty aligns with India’s broader maritime security and environmental objectives, opening avenues for scientific research and sustainable resource utilization while contributing to achieving SDG 14.
Challenges Ahead
Effective implementation will face challenges such as monitoring and enforcement in vast and remote ABNJ lacking centralized authority. Ensuring compliance depends heavily on state cooperation and flag state enforcement, which can vary due to differing national interests.
Funding and capacity disparities pose risks to equitable participation, with developing countries needing adequate resources to comply with environmental impact assessments and benefit-sharing obligations. Furthermore, harmonizing the treaty’s enforcement with existing frameworks like Regional Fisheries Management Organizations and the International Seabed Authority will require robust coordination.
Balancing conservation priorities with commercial interests such as deep-sea mining and fishing creates ongoing negotiation challenges, necessitating transparent and adaptive governance.
Way Forward
Implementing the High Seas Treaty successfully demands strengthened global cooperation, enhanced ocean mapping and surveillance technologies, and targeted investment in capacity building for developing states. Leveraging satellite monitoring, data sharing platforms, and artificial intelligence can aid enforcement and impact assessment.
Expanding multilateral partnerships and financing mechanisms will enhance resource mobilization, while fostering participatory mechanisms ensures inclusive governance. Continuing scientific research integrated with traditional knowledge underpins adaptive management suited to evolving oceanic challenges.
Conclusion
The UN High Seas Treaty represents a landmark advancement in marine biodiversity conservation on the global commons. By instituting comprehensive frameworks for marine protected areas, genetic resource sharing, environmental safeguards, and capacity building, it fosters responsible stewardship of the high seas for present and future generations.
For India and the international community, it reinforces commitments to sustainable development, climate resilience, and equitable access to ocean benefits. While challenges remain, the treaty paves the way for concerted actions to preserve ocean health and biodiversity critical to planetary and human well-being.
FAQs on UN High Seas Treaty – BBNJ Agreement
Q1: What are the High Seas?
The High Seas refer to all ocean areas beyond the jurisdiction of any single country, located outside the 200 nautical miles Exclusive Economic Zones (EEZs). They cover over two-thirds of the world’s ocean and are considered a global commons, critical for marine biodiversity and climate regulation.
Q2: Why is the High Seas Treaty important?
The treaty addresses governance gaps in protecting marine biodiversity beyond national jurisdictions. It enables consistent environmental impact assessments and the establishment of marine protected areas (MPAs) on the high seas, supporting international cooperation for ocean conservation.
Q3: When was the treaty adopted and entered into force?
The United Nations adopted the treaty on June 19, 2023. It requires ratification by at least 60 countries to enter into force. As of September 2025, the treaty has passed the ratification threshold and is set to come into effect 120 days after the 60th ratification.
Q4: What are Marine Protected Areas (MPAs) under the treaty?
MPAs are designated ocean regions on the high seas dedicated to conserving marine biodiversity and ecosystems. The treaty allows their establishment through a scientific and transparent process, including voting mechanisms if consensus is not reached, forming networks of protected zones globally.
Q5: How does the treaty regulate marine genetic resources (MGRs)?
The treaty governs the access to and sharing of benefits derived from marine genetic resources found in the high seas, including commercial and scientific uses like pharmaceuticals. It emphasizes equitable sharing, especially benefiting developing countries.
Q6: What provisions exist for Environmental Impact Assessments (EIAs)?
Any proposed activities with potential significant adverse effects on high seas marine biodiversity must undergo prior environmental impact assessments. This ensures precaution in managing new activities like deep-sea mining or aquaculture.
Q7: How does the treaty support developing countries?
The treaty mandates capacity building and marine technology transfer to empower developing countries, enabling their participation in conservation, research, and sustainable use of marine resources in the high seas.
Q8: Does the treaty affect existing bodies regulating fishing and mining?
The treaty does not override existing regulatory bodies but encourages cooperation with them. It promotes coherence in governance but does not impose direct legal authority on regional fisheries management organizations or mineral resource authorities.
Q9: What governance structures are established by the treaty?
The treaty provides for a Conference of Parties (CoP), a secretariat, and committees for scientific advice and compliance. These bodies oversee implementation, facilitate cooperation, and ensure transparency and accountability.
Q10: What is India’s position on the treaty?
India is a signatory to the BBNJ Agreement and supports its objectives of marine biodiversity conservation and equitable benefit sharing. India emphasizes its relevance for protecting maritime interests in the Indian Ocean Region and advancing sustainable development goals.
