High Seas Treaty | India Joins Global Marine Effort

The Indian government has announced its intention to sign and ratify the High Seas Treaty, a landmark international legal framework aimed at protecting the ecological health of the world’s oceans. This move marks India’s commitment to sustainable ocean governance and the global effort to preserve marine biodiversity in areas beyond national jurisdiction.

What Is the High Seas Treaty?

The High Seas Treaty, officially known as the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ), was finalized in 2023 after nearly two decades of negotiations. It is designed to ensure marine conservation, reduce pollution, and promote equitable access to marine genetic resources in international waters.

Key Characteristics of the High Seas

According to the 1958 Geneva Convention on the High Seas:

• High seas refer to areas of the ocean beyond the Exclusive Economic Zone (EEZ), which extends up to 200 nautical miles (370 km) from a country’s coastline.
• These regions make up around 64% of the ocean surface and are considered global commons—belonging to no single nation but open for all to navigate, research, and develop responsibly.

Objectives of the High Seas Treaty

The High Seas Treaty aims to:

• Protect and conserve marine biodiversity in international waters.
• Ensure fair and equitable sharing of benefits from marine genetic resources.
• Introduce mandatory environmental impact assessments (EIAs) for potentially harmful activities.
• Promote capacity building and transfer of marine technologies to developing nations.

Key Features of the High Seas Treaty

• Access and Benefit-Sharing Committee: A new global body will frame rules on access to marine resources and ensure fair benefit-sharing.
• Mandatory Environmental Impact Assessments: Signatories must conduct EIAs before any resource exploitation.
• Protection of Indigenous Rights: Access to marine genetic resources by indigenous peoples and local communities requires free, prior, and informed consent.
• Clearing-House Mechanism (CHM): Members are required to submit detailed project data, including location, objectives, and sponsors.
• No State Sovereignty Over High Seas Resources: Countries cannot claim ownership over marine genetic resources in areas beyond their national jurisdiction.
• Special Fund and Conference of Parties: A fund will be set up for implementation and monitored by a newly formed Conference of Parties.

Ratification Process: How the Treaty Becomes Law

• The High Seas Treaty will come into effect once 60 countries ratify it. It will enter into force 120 days after the 60th ratification.
• Ratification implies a country’s legal commitment to the treaty, whereas signing only signals intent to comply without legal obligation.
• As of now, 91 countries have signed, and 8 have ratified the treaty.

Why the High Seas Treaty Is Important

• The UN reported 17 million tonnes of plastic dumped into oceans in 2021, a number projected to increase.
• The High Seas Treaty is being hailed as the “Paris Agreement for the Oceans”, for its potential to revolutionize ocean conservation.
• It strengthens the legal framework under UNCLOS (United Nations Convention on the Law of the Sea).
• It addresses urgent challenges like deep-sea mining, plastic pollution, and ocean acidification.
• By establishing robust institutions and cooperative mechanisms, the treaty fosters international collaboration on ocean governance.
• It directly supports Sustainable Development Goal 14 (Life Below Water), ensuring long-term ocean sustainability.

Understanding UNCLOS: The Foundation of Ocean Governance

• UNCLOS, adopted in 1982 and enforced in 1994, is the overarching legal framework for maritime activities.
• India signed UNCLOS in 1982 and ratified it in 1995.
• UNCLOS governs territorial waters, EEZs, and the high seas and establishes three vital institutions:

Institutions Under UNCLOS

1. International Tribunal for the Law of the Sea: Adjudicates disputes under the convention.
2. International Seabed Authority: Regulates seabed exploration and exploitation in international waters.
3. Commission on the Limits of the Continental Shelf: Helps define outer continental shelf limits beyond 200 nautical miles.

Marine Zones Under UNCLOS

• Internal Waters: Full national sovereignty like land territory.
• Territorial Sea: 12 nautical miles from the baseline with complete control.
• Contiguous Zone: Extends to 24 nautical miles; allows enforcement of laws.
• Exclusive Economic Zone (EEZ): Up to 200 nautical miles; exclusive rights to resources.
• High Seas: Beyond EEZs; governed by international law and now, increasingly, by the High Seas Treaty

Conclusion

India’s decision to ratify the High Seas Treaty is a major milestone in global marine conservation. With this commitment, India joins a growing coalition of nations working towards protecting one of the planet’s most critical yet vulnerable ecosystems. As marine challenges intensify, this treaty offers a unified, legally binding path forward for ensuring the sustainable use and preservation of biodiversity on the high seas.

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