In an ongoing session of the Intergovernmental Conference (IGC), specifically IGC-5 of Biodiversity Beyond National Jurisdiction (BBNJ) in February-March 2023, India pronounced its commitment to marine biodiversity, urging member nations to uphold the preservation and conservation of the oceans. India solidified their support for a high ambition coalition for the swift finalization of the International Legally Binding Instrument of BBNJ within the framework of the United Nations Convention on the Law of the Sea (UNCLOS).
Key Developments
Beginning in 2014, several rounds of intergovernmental discussions have taken place, with the most recent round occurring in February-March 2023. Despite significant strides in resolving numerous major issues, negotiations are ongoing, and agreement has yet to be reached on crucial elements such as funding, intellectual property rights, and institutional mechanisms.
India’s approach to biodiversity management aligns with three globally recognized principles: conservation, sustainable usage, and equitable benefit sharing.
The BBNJ Treaty: An Overview
The BBNJ Treaty, also titled the “Treaty of the High Seas,” is an international agreement focusing on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction, formulated under the UNCLOS guidelines.
These areas, referred to as BBNJ, constitute the high seas and extend beyond the exclusive economic zones or national waters of countries. According to the International Union for Conservation of Nature (IUCN), such regions constitute “almost half of the Earth’s surface”. These portions remain mostly unregulated and are the least explored for their biodiversity, with a mere 1% under protection.
The High Ambition Coalition on Biodiversity Beyond National Jurisdiction, launched in February 2022 at the One Ocean Summit, aims for a common and ambitious outcome from various delegations involved in the BBNJ negotiations.
Importance of Legally Binding Instrument for BBNJ
The biodiversity in areas beyond national jurisdiction is vital for ocean health, coastal populations’ well-being, and the planet’s overall sustainability.
These regions house 95% of the ocean, offering invaluable ecological, economic, social, cultural, scientific, and food-security benefits to humanity. However, they face increasing threats such as pollution, overexploitation, and climate change impacts. The growing demand for marine resources, whether for food, minerals, or biotechnology, threatens to worsen these problems.
The Urgent Need for Conservation: Case of Deep Sea Mining
Deep seafloors, perceived to be among the harshest habitats, now show signs of species extinction. Out of the 184 mollusc species assessed, 62% are listed as threatened, with a considerable number critically endangered. In the midst of this alarming revelation, the International Seabed Authority, an intergovernmental body based in Jamaica, continues to grant deep-sea mining contracts.
Biodiversity in areas beyond national jurisdiction remains a critical global sea resource. Over 60% of it still requires management and regulation through a legal framework focused on conservation.
Implications of the Legally Binding Instrument of BBNJ
Adopting the legally binding instrument of BBNJ would indicate the international community’s robust commitment to preserving and sustainably using marine biodiversity in areas beyond national jurisdiction. This adoption would provide a clear mandate for implementing the agreement.
Finally, let’s shed light on previous year questions about the United Nations Convention on the Law of the Sea that have appeared in UPSC Civil Services Examination. Correct answers to these questions can improve understanding of the topic and help aspirants prepare better for future examinations.
