Abstract: The article examines India signing the BBNJ Treaty, emphasising its relevance to sustainable ocean governance and biodiversity protection.
On 25th September 2024, India made its commitment to the protective measures for ocean life and became a member of the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, popularly known as the “Treaty of the High Seas.” Indian External Affairs Minister S. Jaishankar signed this landmark international agreement in New York, which aims to protect marine biological diversity in areas beyond the jurisdictional boundaries of independent nations. The viewpoint will explore how this agreement aligns with India’s broader commitment to maritime sustainable development while also addressing the challenges and opportunities that come with signing such a comprehensive treaty.
The High Seas Treaty –
The High Seas Treaty or the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement depicts a remarkable achievement in the continuous efforts to protect marine biodiversity and enhance the global governance of the oceans. This treaty, which was concluded in March 2023, tackles important problems, such as the degradation of the sea, its reasonable use and the sharing of marine biological resources[i]. As the third implementation agreement under the United Nations Convention on the Law of the Sea (UNCLOS),[ii] following earlier agreements focused on seabed mining and fish stocks, the BBNJ Treaty aims to create a comprehensive framework for managing the vast, largely unregulated areas of the high seas, which cover nearly half of the Earth’s surface.
Against such alarming indicators as fish population depletion, increasing marine pollution and global warming factors affecting oceans, the need for a comprehensive way of governance of marine resources comes out very clearly. The BBNJ Treaty seeks to address these four issues:
Moreover, the BBNJ Treaty aligns with global biodiversity goals, such as the commitment to protect 30% of the world’s land, inland waters and sea by 2030, set during the Kunming-Montreal Global Biodiversity Framework meeting in 2022.[iv] This alignment enhances the treaty’s relevance in the context of urgent global conservation needs, as well as fostering accountability in preserving the health of oceanic ecosystems.
Opportunities and Challenges for India
India’s endorsement of the BBNJ Agreement is a game-changer in its policy towards the governance and preservation of the high seas. As a result, India is now in a position to extend its strategic reach outside the confines of its Exclusive Economic Zone (EEZ) through more active participation in the community of nations that comprise the maritime world. The BBNJ Agreement, on the other hand, is expected to improve India’s ability to conserve marine resources, aligning with its commitment to sustainable development.
The treaty also encourages cooperation in advancing marine science, which will assist India in obtaining critical samples and data that will improve the country’s understanding of marine ecosystems. This would also pave the way for the development of marine science and technology, which is essential for overcoming environmental sustainable development challenges at a national and global scale.
An additional key component of the BBNJ Treaty is its provisions on capacity building, with particular attention to developing countries. India’s push for equitable sharing of benefits and its commitment to empowering less-capable countries can foster regional collaboration and ensure that all nations have the necessary tools to engage in effective marine governance.
India shows its dedication to multilateralism in ocean governance by joining the treaty, which is necessary to handle global maritime problems. Such a cooperative approach not only improves India’s profile in international venues but also helps coalitions that can inspire sustainability and innovation. Finally, involvement in the BBNJ Agreement creates fresh opportunities for economic growth connected to maritime resources. With the establishment of Marine Protected Areas (MPAs) and sustainable management practices, India can benefit from eco-tourism, sustainable fishing, and bio-prospecting opportunities in the high seas.
Despite the treaty’s significant provisions, several challenges could impede its effectiveness. First and foremost is the requirement for at least 60 countries to ratify the treaty before it can come into force. As of June 2024, 91 countries have signed the BBNJ Agreement, and eight parties have ratified it. This slow pace of ratification is exacerbated by geopolitical rivalries, particularly in contentious maritime regions like the South China Sea, where territorial claims complicate the establishment of MPAs. The reluctance of countries, including China and some ASEAN nations, to ratify the treaty stems from concerns over potential conflicts with national interests and territorial claims.
Moreover, a new dilemma has arisen regarding how to safeguard treaty provisions without jeopardising economic interests. Sectors, such as fishing, seabed mining or coastal energy production are key for the economy of India. India must prioritise them carefully and take measures to ensure that these do not further impede access to sectors that are key for economic growth and provide means of livelihoods, especially for coastal populations dependent on such industries.
On the issue of capacity building and technology transfer, there are also challenges. The treaty calls for developed states to aid developing states in evolving their abilities to manage and protect ocean ecosystems. However, India will need significant investment in improving its research, monitoring, and capacity building on the high seas governance. Additionally, it needs to ensure that technology transfer mechanisms are effective and do not come with undue restrictions or dependencies.
The regulation of Marine Genetic Resources (MGR) is increasingly gaining attention as an area that is currently at a nascent stage. With biotechnology industries heavily depending on the use of genetic material sourced from the ocean for pharmaceutical, cosmetics, agriculture and other usages, India needs to have a plan to manage the issue of fairness and equity in the utilisation of MGR without compromising the global demands. This is vitally important, especially due to the competitive nature of marine bio-prospecting and India’s aspirations to harness this opportunity to its advantage.
India faces significant challenges in monitoring and enforcing regulations on the high seas, particularly concerning illegal fishing and biodiversity loss. The vastness of these waters, combined with limited surveillance capabilities, hampers the country’s ability to detect and address illegal activities. To effectively enforce treaties, India must enhance its maritime awareness and upgrade its enforcement capacities, which would require substantial financial investment and international support. Additionally, coordinating with global partners for synchronised action will be essential, but this task is complicated owing to the geopolitical dynamics on the high seas.
The treaty marks a significant advancement in the equitable sharing of benefits derived from marine genetic resources, specifically addressing the needs of developing countries. Unlike previous agreements, the BBNJ treaty fosters a collaborative framework that ensures all nations, particularly those with limited resources, can access and benefit from the ocean's biodiversity. By promoting capacity-building initiatives and technology transfer, the treaty empowers developing countries to actively engage in marine research and conservation efforts. For India, this engagement is especially beneficial, as it can enhance the country’s scientific expertise and technological capabilities in marine biodiversity, crucial for its extensive coastline and rich marine ecosystems. Ultimately, the BBNJ treaty represents a pivotal step toward sustainable ocean governance and the equitable sharing of marine resources for all.
Conclusion
The BBNJ Agreement is significant as it promises to transform ocean governance for sustainable management of marine areas and resources. For India, signing this treaty represents a strategic commitment to ocean protection, enhanced access to research and capacity building. While the treaty is ambitious, its success hinges on the willingness of states to prioritise collective actions over narrow national interests. Given the current decline of the ocean biodiversity, the importance of this issue has never been more pronounced. The BBNJ Treaty serves as a distinct tool for managing the high seas, contrasting with the entrenched “seafaring” mindset that dominates coastal and offshore management.
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*Keshav Verma, Research Associate, Indian Council of World Affairs, New Delhi.
Disclaimer: Views expressed are personal.
Endnotes
[i] Press Information Bureau. Union Cabinet Approves India’s Signing of the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, July 8, 2024. https://pib.gov.in/PressReleaseIframePage.aspx?PRID=2031611.
[ii] Ibid
[iii]United Nations. “BBNJ Agreement | Agreement on Marine Biodiversity of Areas beyond National Jurisdiction.” Agreement on Marine Biodiversity of Areas beyond National Jurisdiction, n.d. https://www.un.org/bbnjagreement/en#:~:text=BBNJ%20Agreement%20%7C%20Agreement%20on%20Marine%20Biodiversity%20of%20Areas%20beyond%20National%20Jurisdiction&text=The%20Agreement%20under%20the%20United,the%20Law%20of%20the%20Sea.&text=Under%20the%20overall%20objective%20of,the%20transfer%20of%20marine%20technology.
[iv] Convention on Biological Diversity. “Kunming-Montreal Global Biodiversity Framework.” Kunming-Montreal Global Biodiversity Framework, October 1, 2024. https://www.cbd.int/gbf.