High Seas Treaty

Why in news?

The High Seas Treaty was ratified by over 60 countries in September; it will now be enforced in January 2026.

• High Seas Treaty – It is officially known as Biodiversity beyond National Jurisdiction (BBNJ) treaty.
• BBNJ is 1^st legal international treaty under the United Nations Convention on the Law of the Sea (UNCLOS).
• Aim – Protecting biodiversity in international waters, those that lie beyond the jurisdiction of any single country.

The U.S., China, Russia and India, have signed the treaty but have not yet ratified it.

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Major issues with the treaty

• Conflicting Principles – Common Heritage Principle & Freedom of the High Seas.
• The “common heritage principle” supports equitable access and benefit-sharing of marine resources for all, while the “freedom on the high seas” stresses on unrestricted rights of states to carry out navigation, resource usage and research activities.
• However, the common heritage principle is only applicable partially, especially when it comes to MGRs.
• Governance of MGRs – he governance of MGRs was earlier not defined, raising concerns over “biopiracy” and unfair exploitation by developed countries.
• Developing nations were concerned that they would be excluded from the profits of scientific discoveries from the high seas.
• The treaty now includes a framework on sharing monetary and non-monetary benefits, but with no clear details on how such benefits will be calculated or shared.
• Non-Ratification by Major Powers – Key countries like the U.S., China, and Russia have not ratified the treaty, weakening its global impact.
• Interaction with multilateral institutions– Treaty must align with existing international treaties & bodies like
  • The International Seabed Authority (ISA) and
  • Regional Fisheries Management Organisations (RFMOs).

Reference

 The Hindu | Challenges with the High Seas Treaty