Syllabus
GS Paper 3 – Conservation, environmental pollution and degradation, environmental impact assessment.
Context
India’s signing of the Biodiversity Beyond National Jurisdiction Agreement has won praise but there is also scepticism.
Source
The Hindu| Editorial dated 27th November 2024
Between hope and hurdles on the high seas
India’s recent signing of the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement or the High Seas Treaty signifies a pivotal step in global ocean governance. As a third implementing agreement under the United Nations Convention on the Law of the Sea (UNCLOS) , the treaty seeks to address gaps in maritime regulation by focusing on marine biodiversity conservation, equitable sharing of marine genetic resources, and mandating environmental impact assessments (EIAs) for harmful activities. However, despite its ambitious goals, the treaty faces challenges related to geopolitical rivalries, jurisdictional overlaps, and enforcement gaps.
Key Provisions of the High Seas Treaty
- Conserving Marine Biodiversity:
- The treaty introduces Marine Protected Areas (MPAs) to protect ecosystems in areas beyond national jurisdiction (ABNJ).
- MPAs aim to safeguard marine habitats from overfishing, pollution, and destructive activities.
- Sharing Benefits of Marine Genetic Resources:
- Wealth generated from marine genetic resource exploitation must be equitably shared via a global fund.
- Focuses on promoting fairness between wealthier and less developed nations.
- Environmental Impact Assessments (EIAs):
- Mandates assessments for any activities likely to harm marine ecosystems in the high seas.
- Encourages sustainable practices while aiming to minimize human-induced damages.
Challenges in Implementation
Slow Ratification and Political Hurdles
- Only 14 of 104 signatories have ratified the treaty; 60 ratifications are required for it to come into force.
- Geopolitical tensions, particularly in disputed regions like the South China Sea, hinder consensus on MPAs.
- Coastal states like those in the Bay of Bengal fear MPAs could impact local livelihoods and economic opportunities.
Conflicts Over Marine Genetic Resources
- The global fund mechanism is vulnerable to exploitation by wealthier nations underreporting their profits.
- Smaller states with limited oversight capabilities may be disadvantaged.
- Potential overlaps with existing regimes like the Convention on Biological Diversity (CBD) could lead to fragmented governance.
Asymmetry in Capacity-Building
- The treaty emphasizes technology transfer and equitable partnerships in ocean science, but lacks enforceable provisions.
- Developing nations face challenges in accessing resources and participating in advanced maritime research.
Overlooking Interconnected Marine Ecosystems
- Harmful activities in Exclusive Economic Zones (EEZs) often cascade into ABNJ, affecting marine biodiversity.
- Incidents like the 2021 X-Press Pearl disaster highlight the far-reaching impact of localized pollution.
- Overfishing in regions like West Africa’s EEZs depletes fish stocks, exacerbating high-seas resource scarcity.
Gaps in the Treaty’s Scope
- Weak Integration with Coastal Regulations
- Fails to reconcile high-seas governance with EEZ regulations, despite their interconnected impact on ecosystems.
- Coastal states remain reluctant to assume greater responsibility for harmful activities within their waters.
- Exclusion of Key Activities
- The treaty mandates EIAs but excludes damaging activities like oil and gas exploration, which are vital for many economies.
- Lack of provisions for reviewing domestic EIAs undermines environmental protection efforts.
- Enforcement Limitations
- Institutional weaknesses and conflicting legal standards hinder enforcement in regions with limited capacity.
- No clear mechanism for monitoring compliance or imposing penalties for violations.
Recommendations for Bridging the Divide
- Align High-Seas and Coastal Regulations
- Develop a cohesive framework integrating ABNJ governance with EEZ management.
- Incentivize coastal states to align domestic laws with international norms.
- Ensure Equitable Technology Transfers
- Establish enforceable mechanisms for capacity-building in low and middle-income nations.
- Promote partnerships in ocean science to reduce asymmetry in research and governance.
- Strengthen Monitoring and Enforcement
- Introduce robust monitoring systems with clear accountability mechanisms.
- Empower smaller states with technical and financial support to enhance compliance.
- Prioritize Climate-Resilient Governance
- Incorporate climate vulnerability assessments in treaty provisions.
- Promote nature-based solutions like mangrove restoration to combat rising sea levels and coastal degradation.
- Encourage Regional Collaboration
- Foster regional partnerships for shared management of MPAs and other conservation initiatives.
Conclusion
The High Seas Treaty represents a pivotal opportunity to address gaps in global ocean governance, but its success depends on overcoming structural and political limitations. By integrating coastal and high-seas regulations, ensuring equitable resource sharing, and strengthening enforcement mechanisms, nations can create a unified approach to safeguard marine ecosystems.
Related PYQ
Describe the major outcomes of the 26th session of the Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC). What are the commitments made by India in this conference? [ UPSC Civil Services Exam – Mains 2021]
Practice Question
Discuss the significance of the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, also known as the High Seas Treaty, in reshaping global ocean governance. Highlight the challenges associated with its implementation and suggest measures to overcome them. [250 words]
Guidelines for Answering the Question
- Introduction:
- Briefly explain the High Seas Treaty and its context under UNCLOS.
- Highlight its importance in protecting marine biodiversity and promoting sustainable use of resources in areas beyond national jurisdiction.
- Body:
- Discuss objectives: Marine Protected Areas (MPAs), equitable sharing of marine genetic resources, and mandatory Environmental Impact Assessments (EIAs).
- Highlight its potential role in promoting sustainable ocean governance. Discuss challenges in Implementation
- Highlight the need for inclusive decision-making to ensure global equity.
- Conclusion:
- Reiterate the treaty’s potential to transform ocean governance if effectively implemented.
- Emphasize the importance of global collaboration and political will for success.