The United Nations Biodiversity Beyond National Jurisdiction Agreement (BBNJA), also known as the 'High Seas Treaty,' is scheduled to come into force on January 17. This event marks a significant development in global efforts to conserve marine life within international waters.
Understanding the High Seas
The high seas are defined as ocean areas that fall outside any single country's exclusive economic zones (EEZs), which typically extend within 370 kilometers (230 miles) of a nation's coastline. These regions constitute half of the planet's surface area and two-thirds of its oceans. Historically, the absence of national sovereignty in these vast waters has meant a lack of legal protection. The BBNJA establishes a framework for their governance and protection.
Treaty Ratification
The treaty reached a key milestone on September 19 of the previous year when Morocco became the 60th country to ratify it, initiating a 120-day countdown for it to become legally binding. Currently, 81 UN member states have ratified the agreement.
Key Provisions of the Agreement
Marine Protected Areas
According to international environmental lawyer Eliza Northrop, a significant aspect of the agreement is the creation of a governance regime for establishing area-based management tools, such as marine protected areas (MPAs), in the high seas. Governments have begun identifying potential areas for these MPAs, including sites like the Salas y GĂłmez and Nazca Ridges, the Sargasso Sea, and parts of the South Tasman Sea.
Environmental Impact Assessments
The agreement mandates that member parties conduct environmental impact assessments for any activity—such as fishing or mining—that could cause "substantial pollution or significant and harmful changes" to marine environments in international waters. This requirement also extends to activities within national borders that might affect the high seas.
Benefit-Sharing Mechanism
The treaty also establishes a mechanism for sharing the benefits derived from marine genetic resources. This mechanism addresses the current situation where only a few countries and corporations possess the means to collect and commercialize such resources, ensuring that proceeds are shared. Northrop indicated that this mechanism embodies the principle that the high seas and their resources are the common heritage of humankind.
Funding and Implementation Challenges
The success of the BBNJA depends on adequate funding, which the agreement addresses through three distinct streams:
- A 'special fund' comprised of annual contributions and payments from participating states, along with voluntary contributions from private entities.
- A voluntary trust fund designed to facilitate the participation of developing nations.
- The preexisting Global Environmental Facility trust fund.
Marine ecologists Kirsten Grorud-Colvert and Jenna Sullivan-Stack noted that successful implementation also relies on global leaders adhering to scientific recommendations.
Signatories and Ratifiers
Countries that have both signed and ratified the agreement include China, the European Union, Mexico, and Vietnam. Other nations, such as the United States, United Kingdom, Canada, and Australia, have signed but have not yet ratified it.