The High Seas Treaty: A Comprehensive Framework for Global Marine Conservation

The High Seas Treaty, formally known as the Agreement on Marine Biodiversity of Areas beyond National Jurisdiction (BBNJ Agreement), marks a historic milestone in international marine conservation. Adopted by the United Nations on June 19, 2023, this groundbreaking Treaty aims to safeguard the vast and vulnerable ecosystems of the high seas through comprehensive and cooperative global efforts. With its focus on equitable resource sharing, environmental protection, and technological collaboration, the High Seas Treaty sets a new standard for the sustainable management of our planet’s oceanic treasures. The Treaty was first adopted by the Republic of Palau, followed by Chile. There are currently over 100 signatories showing signs there could be potential for future ratification. 

Four Areas of Collaboration and Cooperation

The High Seas Treaty spells out in four sections the areas that are to be addressed in the Treaty. These are: 1. marine genetic resources (MGR), including the fair and equitable sharing of benefits; 2. area-based management tools, including marine protected areas; 3. environmental impact assessments; and 4. capacity-building and the transfer of marine technology.

The MGR section emphasizes the critical importance of sharing information and data collected from areas beyond national jurisdiction. This inclusive approach ensures that all countries, irrespective of their size, economic strength, or ocean access, can benefit from the information and technology. The obtained data and technology are to be equitably shared among all stakeholders.

Measures such as area-based management tools (ABMT), including marine protected areas, are essential for conserving, strengthening, and enhancing biodiversity beyond national jurisdictions. This section outlines a two-part process for designating protective areas. First, all current scientific data is collected. This information is then reviewed by stakeholders and subjected to a vote to determine whether the area should be protected.

While environmental impact assessments are routinely conducted at the national level, the Treaty mandates their application to marine areas that are typically not covered. This includes preparing studies for affected areas and conducting assessments focused on long-term impacts.

The final part of the Treaty focuses on capacity-building and the transfer of marine technology. This involves the collection, maintenance, and dissemination of information produced under the other sections. By ensuring access to both current and historical data, the Treaty enables all nations to benefit from shared knowledge. This process includes collaboration and cooperation with various stakeholders at different levels.

Sustainable Ocean Governance

In conclusion, the High Seas Treaty represents a significant step forward in the global effort to protect marine biodiversity beyond national jurisdictions. By addressing critical areas such as marine genetic resources, area-based management tools, environmental impact assessments, and capacity-building, the Treaty lays a robust foundation for sustainable ocean governance. The collaborative approach and equitable sharing of benefits underscore the importance of international cooperation in preserving our oceans for future generations. As more countries ratify the Treaty, its provisions will become increasingly effective, ensuring that the high seas remain a shared and protected resource for all. 

Agreement on Marine Biological Diversity of Areas beyond National Jurisdiction. https://www.un.org/bbnjagreement/en

BBNJ Agreement. https://en.wikipedia.org/wiki/BBNJ_Agreement

Liz Karan and Nichola Clark. August 27, 2024. Inside the New High Seas Treaty. www.pewtrusts.org/en/research-and-analysis/issue-briefs/2024/08/inside-the-new-high-seas-treaty.