The High Seas Treaty: A New Global Framework for Ocean Governance

UPSC Relevance:GS Paper 2: International treaties, global environmental governance.
GS Paper 3: Conservation of biodiversity, climate change, sustainable resource management.

Why in News

In September 2025, over 60 countries ratified the High Seas Treaty, officially known as the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement. The treaty will come into force in January 2026. It establishes a global legal framework for the conservation and sustainable use of marine biodiversity in ocean areas beyond national jurisdiction, addressing challenges of climate change, overfishing, and pollution.

Background and Context

The journey of the High Seas Treaty started in 2004, when the UN General Assembly noticed that the UNCLOS (1982) did not cover the protection of biodiversity in areas beyond national borders.
By 2011, countries decided to discuss four main issues:

1. Marine Genetic Resources
2. Area-Based Management Tools
3. Environmental Impact Assessments
4. Capacity Building and Technology Transfer

From 2018 to 2023, four rounds of global meetings were held to finalize the treaty. Finally, it was agreed in March 2023 and officially adopted in June 2023.

What are the High Seas?

About:
 According to the 1958 Geneva Convention on the High Seas, all parts of the ocean that lie beyond a country’s territorial waters and its Exclusive Economic Zone (EEZ) are called High Seas.

• The EEZ extends up to 200 nautical miles from a country’s coast.
• Beyond this limit, no country owns or controls the waters — they are global commons, shared by all nations.
• The High Seas Treaty aims to manage and protect these shared areas, which so far had weak governance.

Significance:

• The high seas cover 64% of the world’s oceans and about 50% of Earth’s surface.
• They are home to around 2.7 lakh (270,000) known species, with many more yet to be discovered.
• They help regulate the climate, absorb carbon, and distribute heat, affecting weather across the planet.
• They provide food, raw materials, and genetic and medicinal resources vital for human life.

Threats:

1. Climate Stress: Ocean warming, acidification, and events like El Niño are harming marine life.
2. Biodiversity Loss: If current trends continue, many species could go extinct by 2100.
3. Human Pressures: Seabed mining, overfishing, oil spills, noise, and waste dumping are worsening ocean health.

Despite these threats, only about 1% of the high seas are protected, showing why global cooperation is urgently needed.

What is the High Seas Treaty (BBNJ Agreement)?

The High Seas Treaty, officially called the “Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ)”, was adopted in 2023 under the UN Convention on the Law of the Sea (UNCLOS).

• It aims to fill the legal gaps in UNCLOS by setting up rules for protecting biodiversity and ensuring fair use of ocean resources in areas beyond any country’s control.

Key Objectives

1. Conservation of Marine Ecology:Create Marine Protected Areas (MPAs) to control human activities and protect ocean ecosystems.
2. Fair Benefit Sharing:Make sure all countries get equal benefits from Marine Genetic Resources (MGRs), which are important for medicine and biotechnology.
3. Mandatory Environmental Impact Assessments (EIAs):All activities that may harm marine life — even those inside national waters — must undergo environmental assessments if they affect the high seas.
4. Capacity Building and Technology Transfer:Help developing countries use marine technology responsibly and take part in ocean research and conservation.

Ratification Status:

• As of June 2024, 91 countries had signed the treaty, and 8 countries had ratified it.
• The treaty will become legally binding 120 days after 60 ratifications.
• Signing shows a country’s support, while ratification makes the treaty officially enforceable for that country.

Significance of the Treaty

1. Addressing the “Global Commons” Challenge

The high seas are a shared resource often exploited due to lack of regulation.

• The treaty ensures collective responsibility for marine conservation.
• It has been compared to the Paris Agreement (2015) for its potential to transform global environmental governance.

2. Complementing UNCLOS

UNCLOS provides the foundation for ocean law but lacks detailed mechanisms for biodiversity protection.

• The BBNJ Agreement acts as an implementing arm, allowing countries to establish legal MPAs and ensuring fair access to marine benefits.
• It balances the interests of developed and developing nations, bridging the gap between equity and environmental sustainability.

3. Combating Emerging Threats

The treaty directly addresses rising threats such as deep-sea mining, plastic pollution, and ocean acidification, crucial for the long-term health of marine ecosystems.

4. Strengthening Global Cooperation

By establishing transparent decision-making and data-sharing systems, it enhances coordination among international institutions and promotes inclusive participation by all nations.

5. Contribution to SDGs

The treaty supports SDG 14 (Life Below Water) and indirectly strengthens SDG 13 (Climate Action) and SDG 17 (Partnerships for the Goals) through collaborative ocean governance.

Significance for India

1. Global Leadership:India’s commitment to ocean sustainability through initiatives like SAGAR (Security and Growth for All in the Region) and Marine Protected Areas (MPAs) positions it as a responsible maritime power.
2. Policy Alignment:The treaty’s EIA mandate pushes India to align its Blue Economy and maritime policies with global sustainability norms.
3. Economic Opportunities:Fair sharing of benefits from Marine Genetic Resources aligns with India’s Blue Economy vision, offering new scientific and economic prospects.
4. Strategic Dimension:Ratifying the treaty would enhance India’s role in the Indo-Pacific and strengthen cooperation with island nations on ocean governance.

Major Issues and Challenges

1. Conflict between Core Principles:There is tension between the “Common Heritage of Humankind” (shared ownership) and “Freedom of the High Seas” (unrestricted access).
   This partial application of the “common heritage” idea leads to ambiguity in exploration and benefit-sharing.
2. Unclear Benefit-Sharing Mechanism:The treaty mentions fair distribution of MGR benefits but lacks specific criteria for calculation, distribution, or monitoring, raising concerns of biopiracy by advanced economies.
3. Reluctance of Major Powers:The U.S., China, and Russia are yet to ratify the treaty, which could undermine enforcement and global cooperation.
4. Overlap with Existing Institutions:Coordination challenges remain with bodies like the International Seabed Authority (ISA) and Regional Fisheries Management Organisations (RFMOs), risking legal confusion and fragmented ocean governance.

Way Forward

• Speedy Ratification: National governments should ratify and integrate the treaty into domestic law.
• Dynamic Marine Protection: Establish adaptive MPAs that evolve with new data and technology.
• Enhanced Monitoring: Create a transparent global compliance mechanism for enforcement.
• Financial & Technical Support: Developed countries should aid developing nations in capacity building.
• Linking Climate and Biodiversity Policies: Ocean protection must be tied to global climate resilience strategies.

By aligning conservation, climate, and sustainable use goals, the BBNJ Agreement can truly make the oceans a shared heritage of humankind.

Conclusion

The High Seas Treaty marks a historic moment in global ocean governance, comparable in spirit to the Paris Agreement.
Its success depends on collective commitment, clarity in implementation, and inclusive benefit-sharing.
For India, the treaty offers an opportunity to demonstrate maritime leadership, promote a sustainable blue economy, and reinforce its vision of a secure and resilient Indo-Pacific.

If effectively implemented, the treaty could ensure that the world’s largest ecosystem — the ocean — remains healthy, equitable, and protected for generations to come.

Related Conventions on the Seas Convention Year Focus UNCLOS 1982 Legal framework for ocean governance; divides oceans into 5 zones. Convention on Continental Shelf 1964 Defines nations’ rights over resources on the continental shelf. Convention on Fishing & Conservation of Living Resources 1966 Prevents overexploitation of marine life. London Convention 1972 Controls marine pollution from waste dumping. MARPOL Convention 1973 Prevents marine pollution from ships (oil, chemicals, sewage, garbage).

UPSC Prelims Practice Questions

Q1. With reference to the High Seas Treaty (BBNJ Agreement), consider the following statements:

1. It seeks to govern and protect marine biodiversity in areas beyond national jurisdiction.
2. It recognises Marine Genetic Resources (MGRs) as the common heritage of humankind.
3. It was adopted under the United Nations Framework Convention on Climate Change (UNFCCC).

Which of the statements given above is/are correct?
 (a) 1 and 2 only
 (b) 2 and 3 only
 (c) 1 and 3 only
 (d) 1, 2 and 3

Answer: (a)
Explanation:The BBNJ Agreement is linked to the United Nations Convention on the Law of the Sea (UNCLOS), not the UNFCCC. It covers biodiversity beyond national jurisdiction and identifies MGRs as the common heritage of humankind.

Q2. Which of the following is/are among the four key areas covered under the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement?

1. Marine Genetic Resources (MGRs)
2. Area-Based Management Tools (ABMTs) including Marine Protected Areas (MPAs)
3. Environmental Impact Assessments (EIAs)
4. Technology transfer and capacity building

Select the correct answer using the code given below:
 (a) 1 and 2 only
 (b) 1, 2 and 3 only
 (c) 1, 2 and 4 only
 (d) 1, 2, 3 and 4

Answer: (d)
Explanation:The BBNJ Agreement, negotiated under UNCLOS, focuses on these four central pillars — MGRs, ABMTs (including MPAs), EIAs, and capacity building & technology transfer.

Q3. The principle of “Common Heritage of Humankind”, often mentioned in ocean governance, primarily implies:
 (a) Exclusive rights of coastal states to exploit deep-sea minerals
 (b) Equitable sharing of benefits derived from global commons
 (c) Freedom of navigation and fishing for all countries
 (d) Prohibition on all economic activities in the high seas

Answer: (b)
Explanation:The Common Heritage of Humankind principle ensures that resources in global commons — such as the high seas and outer space — are managed for the benefit of all nations, particularly developing ones.

UPSC Mains Practice Questions

Q. (GS Paper 2 – International Relations)
The High Seas Treaty represents a milestone in global ocean governance but faces multiple challenges in implementation.Discuss the major concerns associated with the treaty and suggest measures to ensure its effective execution.(250 words)

Source-the hindu