The Intergovernmental Conference’s fourth meeting (IGC-4) took place in New York recently with the intention of finalizing a draft instrument for conserving and sustainably utilizing marine Biological diversity in areas Beyond National Jurisdiction (BBNJ). The function, facilitated under the United Nations Convention on the Law of the Sea (UNCLOS), focused on the BBNJ Treaty and Conservation.
Understanding the BBNJ Treaty
Also known as the “Treaty of the High Seas”, the BBNJ Treaty is an international agreement undergoing discussions at the United Nations. Its main objective is to ensure the conservation and sustainable use of marine biological diversity in areas outside national jurisdiction. This treaty is being established within the structure of UNCLOS, the key international contract that governs human activities at sea.
This new instrument aims for a comprehensive management of high seas activities, bringing in a balance between the conservation and sustainable usage of marine resources. BBNJ essentially extends to the high seas, which lie beyond the exclusive economic zones or national waters of countries.
According to the International Union for Conservation of Nature (IUCN), these areas comprise “almost half of the Earth’s surface”. However, only 1% of these areas are under protection, with most parts yet to be explored or understood for its biodiversity.
High Ambition Coalition on Biodiversity Beyond National Jurisdiction
Debuted at the One Ocean Summit in February 2022, the High Ambition Coalition on Biodiversity Beyond National Jurisdiction unites many delegations involved in the BBNJ discussions, striving towards a common and ambitious outcome at the highest political level. The negotiations revolve around a package of elements agreed upon in 2015, mainly emphasizing conservation, sustainable usage of marine biological diversity, marine genetic resources, area-based management tools, environmental impact assessments, capacity-building, and the transfer of marine technology.
The Need for a Legally Binding Instrument for BBNJ
Areas beyond national jurisdiction constitute 95% of the ocean and offer invaluable ecological, economic, social, cultural, scientific, and food-security advantages to humanity. Yet, these abundant areas are now under threat due to pollution, overexploitation, and visible impacts of climate change. The mounting demand for marine resources in the forthcoming decades—for food, minerals, or biotechnology—threatens to aggravate this issue.
Deep sea floors, which are believed to be the harshest habitats and are being affected by the extinction process, have hardly been studied. Of the 184 species of Molluscs assessed, 62% are classified as threatened. In the Indian Ocean vents, 100% molluscs are already listed as critically endangered. This scenario underscores the crucial need for protection against extinction.
What is UNCLOS?
Established in 1982, the United Nations Convention on the Law of the Sea (UNCLOS) provides an international agreement outlining the legal framework for marine and maritime activities. Also referred to as the Law of the Sea, this convention categorizes marine areas into five primary zones, namely- Internal Waters, Territorial Sea, Contiguous Zone, Exclusive Economic Zone (EEZ), and the High Seas.
UNCLOS offers a unique international convention that establishes a framework for state jurisdiction in maritime spaces. It not only defines coastal states’ offshore areas but also imparts specific guidance for states’ rights and responsibilities within the five concentric zones.
