The United Nations (UN) has recently embarked on discussions concerning a new treaty, slated to come into effect in 2020. The intended focus of this treaty is the regulation of the high seas – an area of the earth which encompasses half of our planet but does not receive sufficient environmental protection. Over the next two years, these discussions will aim to formulate preventive measures against further exploitation and degradation of the oceans in order to protect marine biodiversity. Given the already severe impact of industrial fishing, climate change, and extractive industries on marine life, it is crucial to secure protections for our global oceans before it becomes too late.
Understanding High Seas
Countries have jurisdiction to protect or exploit waters within 200 nautical miles (370 kilometres) of their shorelines. Beyond these designated ‘Exclusive Economic Zones’ are what we refer to as ‘high seas’ or international waters. These expanses make up two-thirds of Earth’s oceans and provide 90% of the planet’s available habitat for marine life. Monetary value attached to high seas is substantial, amounting up to US$16 billion a year in fisheries catch alone.
In addition to fishing, these areas also hold potential for discovery of valuable mineral deposits, pharmaceuticals and oil and gas reserves. As far as International Law is concerned, the High Seas along with the Atmosphere, Antarctica, and Outer Space are recognized as the ‘global commons.’ This term refers to resource domains that exist beyond the political reach of any one nation.
The Current State of Affairs
Currently, the United Nations Convention on the Law of the Sea (UNCLOS) dictates activities in international waters. This includes sea-bed mining and cable laying among other operations. While the convention lays down rules for ocean and its resource use, there is no specific indication about how states should work towards the conservation and sustainable use of biodiversity in the high seas. In essence, we lack an overarching treaty aimed at protecting biodiversity or preserving vulnerable ecosystems in the oceans.
Insights into United Nations Convention on the Law of the Sea (UNCLOS)
Formally referred to as the ‘Law of the Sea Treaty,’ UNCLOS was adopted in 1982 to determine jurisdictional limits over different ocean areas. The convention stipulates a distance of 12 nautical miles from the baseline as the Territorial Sea limit and extends the Exclusive Economic Zone limit to a distance of 200 nautical miles.
UNCLOS promotes technology and wealth transfer from developed to underdeveloped nations and mandates parties to develop regulations and laws to control marine pollution. India became a signatory to the UNCLOS in 1982.
Institutions Born Out of UNCLOS
UNCLOS led to the establishment of three new organizations:
– International Tribunal for the Law of the Sea: An independent judicial body established to resolve disputes arising out of UNCLOS.
– International Seabed Authority: A UN agency set up to regulate the exploration and exploitation of non-living marine resources in international waters.
– Commission on the Limits of the Continental Shelf: This commission facilitates the implementation of UNCLOS in respect of the establishment of the outer limits of the continental shelf beyond 200 nautical miles.
While these institutions represent significant strides in marine regulation and conservation, the upcoming discussions hold the promise of further solidifying the protections on our high seas. As we move towards 2020, the hope is that this new treaty will ensure the sustainable use and preservation of Earth’s most crucial resource – the oceans.