Indian Council of World Affairs

Abstract: This article examines India's move to ratify the High Seas Treaty (BBNJ) and its implications for ocean governance, biodiversity protection, and climate resilience. 

The High Seas Treaty entered into force internationally on 17 January 2026, after securing the required number of ratifications in September 2025. The High Seas Treaty, also known as Biodiversity Beyond National Jurisdiction, is the first such legally binding agreement that focuses on the protection of marine biodiversity beyond national jurisdiction[i]. India reaffirmed its commitment to protecting ocean life and signed BBNJ in September 2024[ii]. India has now begun preparations to ratify it and to develop a domestic legal framework to support its ratification. On 12 December 2025, the Indian Ministry of Earth Sciences organised a national stakeholder consultation workshop in collaboration with the CAR–Central Marine Fisheries Research Institute and the Centre for Marine Living Resources and Ecology in Kochi to discuss a plan to bring India closer to ratifying the treaty.[iii]The High Seas Treaty addresses vital, overlooked elements of ocean governance. Over 70 per cent of the Earth's ocean surface falls outside the jurisdiction of any single nation, and for many years, these areas have suffered from inadequately enforced national regulations. 

Countries in these areas engage in illegal fishing, sea exploration, and mining activities. This generally leads to overfishing, ecosystem destruction, and biodiversity loss. With the adoption of the High Seas Treaty, a global legal framework has emerged for the protection of the high seas, the assessment of the environmental impacts of activities in the high seas and the equitable sharing of the benefits from the high seas biodiversity. For India, which has consistently emphasised adherence to international legal frameworks, these developments are significant for its own benefit. 

As India is now beginning the process of ratifying it, this aligns with the recent changes in India's understanding of the oceans. Until now, India has primarily focused on coastal security and maritime trade routes. However, the Indian perspective on governing the oceans is expanding. It has evolved from the Security and Growth for All in the Region (SAGAR) concept to a broader Mutual and Holistic Advancement for Security and Growth Across Regions (MAHASAGAR) vision, which also focuses on the environment and sustainable development. This illustrates India’s position that ocean conservation requires a cooperative approach, and it must be treated as a global common. By supporting the High Seas Treaty, India is demonstrating that it does not view the ocean solely as a resource for extractive, short-term economic gain. 

Further protection of the world’s oceans can be a positive development for India's interests in climate protection and managing biodiversity. Life in the high seas is vital for the planet's health and the viability of its climate. Since many fish populations move between the high seas and coastal zones, damage in one area will always affect the other. India’s declining fish stocks affect the livelihoods and nutrition of millions of people dependent on fish. Protecting biodiversity in the areas beyond national jurisdiction will help protect India's coastal ecosystems. This is important for India not just from an environmental standpoint, but it also raises socio-economic concerns for the country. 

Safeguarding India’s scientific interests is another key reason why the high seas treaty is essential. Indian institutes under the Ministry of Earth Sciences have been doing ocean research and climate studies for many years. They also study marine life and map marine biodiversity. Indian scientists use research ships and collect data from waters outside the country. If there are no clear global regulations, sharing data and working together become difficult and unfair as well. The treaty provides a clear framework for research to continue openly and cooperatively. By ratifying the treaty, India ensures its scientists remain involved in global ocean research and in decision-making. 

India’s interest in deep-sea mining is also relevant to the governance of the high seas. In the quest for minerals necessary for clean energy and technology, the ocean floor is becoming important. While India advocates for the exploration of ocean beds it maintains that these resources should benefit all nations, particularly underdeveloped countries. However, deep-sea mining also poses environmental threats. The High Seas Treaty places greater emphasis on Environmental Impact Assessments (EIA), ensuring that activities in the seas are adequately monitored. Through the ratification, India aims to balance between its industrial ambitions with its commitment to future preferences and environmental responsibility. 

Climate resilience is closely linked to ocean health. Oceans absorb heat and carbon dioxide, which helps to slow down climate change. When high-seas ecosystems are damaged, this natural support becomes weak, and climate risks increase. India is highly vulnerable to climate change, as it already experiencing intense cyclones, rising sea levels and coastal erosion. Protecting oceans outside national borders helps India meet its broader climate goals. The treaty promotes global efforts for ocean health, which in turn helps India's long-term climate security. 

More than 70 per cent of the oceans lie beyond country’s jurisdiction, making the treaty important for India. Indian Navy ships, research missions and trade vessels often travel in these waters. Without common regulations, these areas can turn into zones of conflict and environmental harm. A unified legal framework provides greater stability and clear guidelines. This helps India’s security interests at sea and maritime security goals in the Indo-Pacific region. India's ratification of the treaty also has a strong geopolitical agenda. For a long time, global ocean rules were shaped mainly by Western countries. Developing countries had little say in these matters. By actively engaging in the High Seas Treaty, India positions itself as a rule-shaper, not just a rule-taker. India brings the perspective of a large, developing country that prioritises both economic development and ocean conservation. This helps make global ocean discussions more balanced and inclusive.

The treaty also aligns well with India’s Indo-Pacific strategy. India often emphasizes the importance of a free, open, and rules-based Indo-Pacific region. Endorsing the law of the high seas strengthens this message. It shows India’s commitment to regulations, even in areas where power politics usually take over. This builds trust with regional partners, especially small island countries that suffer a lot from ocean damage.

Through the benefit-sharing provisions, India gets improved access to marine genetic resources from international waters. This is very useful for India's growing marine biotechnology sector. The agreement ensures that developing countries like India receives equitable access to these resources and proper scientific data. But there are also concerns about biopiracy and wealthy nations controlling genetic patents in the name of research. India has raised these concerns at global forums, such as the Convention on Biological Diversity (CBD) and the World Trade Organisation (WTO). The treaty addresses some of these concerns.

On another note, India's maritime security policy emphasizes on freedom of navigation, especially in the Indian Ocean Region. This region is significant for trade, energy supplies, and naval operations. A key challenge with the BBNJ treaty involves establishing marine protected areas (MPAs). If MPAs are created without adequate scientific evidence or regional consultations, they might overlap with fishing zones or migratory routes important to India’s fishing industry, raising socio-economic concerns in coastal areas.[iv]

India's involvement in global ocean governance is not only about protecting the environment; it’s also about fairness, equal rights, and access for all countries. India can contribute by offering capacity building, technology sharing and financial assistance to developing nations under the treaty’s framework. This programme aligns with India's wider Global South diplomacy, where it often advocates for countries with limited resources but high vulnerability.

Conclusion

India's decision to ratify the High Seas Treaty comes at a significant time. This step is just after the treaty receiving a considerable number of ratifications in September 2025. India's preparations for framing a domestic legal framework indicate that it is handling ratification process with care and seriousness. The treaty aligns with many of India's goals. It connects with science, the environment, the economy and geopolitics. By actively taking part, India is trying to protect its future. At the same time, it is helping create a fairer, more responsible way to manage the world's ocean biodiversity.

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*Keshav Verma, Research Associate, Indian Council of World Affairs, New Delhi.
Disclaimer: Views expressed are personal.

Endnotes

[i] International Maritime Organization. IMO welcomes entry into force of the BBNJ agreement, 2026. https://www.imo.org/en/mediacentre/pressbriefings/pages/imo-welcomes-entry-into-force-bbnj.aspx.

[ii] Verma, Keshav. “India Joins BBNJ Treaty: A New Era for Ocean Governance.” India joins BBNJ Treaty: A New Era for Ocean Governance, October 22, 2024. /show_content.php?lang=1&level=3&ls_id=11950&lid=7247.

[iii] Chase, Chris. “India Starting Process to Ratify and Support Implementation of High Seas Treaty.” Seafoodsource, December 15, 2025. https://www.seafoodsource.com/news/environment-sustainability/india-starting-process-to-ratify-and-support-implementation-of-high-seas-treaty.

[iv] Verma, Pulkit. “BBNJ Agreement and National Security Considerations: An Indian Perspective.” Rashtriya Raksha University, 2025. https://rru.ac.in/bbnj-agreement-and-national-security-considerations-an-indian-perspective/.