The United Nations has recently sparked a global conversation on marine conservation with the Intergovernmental Conference. The conference aimed to draft the first-ever treaty on Ocean’s Biological Diversity, specifically focusing on conservation in the High Seas. Held in New York, this conference marks the continuation of efforts initiated in 2018 to create international legislation under the 1982 UN Convention on the Law of the Sea (UNCLOS) for conserving marine biological diversity.
Objectives of the Emerging Treaty
The proposed treaty is expected to address a variety of issues related to marine biodiversity, especially those concerning areas beyond the limits of national maritime zones. From addressing marine genetic resources and benefit-sharing questions to measures like area-based management tools, environmental impact assessments, and technology transfer, the treaty will cover a broad spectrum. Furthermore, it will also clarify the rights of companies venturing into the exploration of biological resources in the high seas. As biotechnology and genetic engineering progress, corporations are eyeing the potential of exotic microbes and undiscovered organisms in the deep ocean for commercial uses such as drug and vaccine development. In light of the existing impact of industrial fishing, climate change, and extractive industries on marine life, the treaty seeks to protect our global oceans.
Understanding the High Seas
Countries have the right to protect or exploit waters up to 200 nautical miles (370 kilometers) from their shorelines. However, regions beyond these ‘exclusive economic zones’ are considered as the high seas or international waters. These areas constitute two-thirds of Earth’s oceans, offering 90% of the available habitat for marine life and contributing up to 16 billion USD a year from fisheries catch. Rich in valuable mineral deposits, potent pharmaceuticals, oil and gas reserves, the high seas represent an alluring prospect for various industries. The term ‘global commons’ refers to these resource domains that lie outside the political jurisdiction of any single nation and include the High Seas, the Atmosphere, Antarctica, and Outer Space.
The Regulatory Framework for the High Seas
The current regulatory framework for activities in the high seas is the UNCLOS, which oversees operations like seabed mining and cable laying. While it provides guidelines for the utilization of the ocean and its resources, it doesn’t explicitly dictate how states should conserve and sustainably use high seas biodiversity. There’s an absence of a comprehensive treaty to protect biodiversity or conserve vulnerable ecosystems in the oceans.
Delving into the United Nations Convention on the Law of the Sea (UNCLOS)
Adopted in 1982, the ‘Law of the Sea Treaty’ or UNCLOS was designed to establish jurisdictional limits over ocean areas. It sets a Territorial Sea limit of 12 nautical miles from the baseline and an Exclusive Economic Zone limit of 200 nautical miles. The conventions demand tech and wealth transfer from developed to underdeveloped nations and mandate regulations for controlling marine pollution. India became a signatory to the UNCLOS in 1982. This treaty also birthed three new institutions: the International Tribunal for the Law of the Sea, the International Seabed Authority, and the Commission on the Limits of the Continental Shelf, each playing a critical role in maintaining the stipulations of the convention.
The discussion on maritime conservation continues to evolve with time, and the new treaty represents an important stride towards global conservation efforts. As we await further developments and international consensus, the guidelines laid out by the UNCLOS continue to govern the activities at the high seas.
