High Seas Treaty: Biodiversity Beyond National Jurisdiction

Why in the News?

1. Over 60 countries ratified the High Seas Treaty (formally the Biodiversity Beyond National Jurisdiction Agreement — BBNJ) in September, and the treaty will enter into force in January 2026.
2. The treaty creates new global rules to conserve and use marine biodiversity beyond national waters, aiming to address overfishing, pollution, climate impacts, and the fair use of marine genetic resources (MGRs).

Key Highlights

1. How did the idea begin?
   1. Concerns emerged because the UN Convention on the Law of the Sea (UNCLOS, 1982) left gaps on how to protect biodiversity in the high seas (areas beyond national jurisdiction).
   2. In 2004, the UN set up an ad-hoc group to study these gaps. By 2011, countries agreed to negotiate on four themes: Marine Genetic Resources, Area-Based Management Tools(MPAs/ABMTs), Environmental Impact Assessments (EIAs), and capacity building & technology transfer.
   3. Formal Intergovernmental Conferences ran from 2018 to 2023, producing a final agreement adopted in June 2023 and now moving to implementation.
2. What the High Seas Treaty covers and what are its main tools and obligations?
   1. The treaty provides a legal framework for conserving and sustainably using biodiversity in the high seas.
   2. It allows the creation of Area-Based Management Tools (ABMTs), including Marine Protected Areas (MPAs), to protect crucial habitats and species.
   3. It requires Environmental Impact Assessments (EIAs) before activities likely to harm biodiversity proceed, and it asks that cumulative and cross-border impacts be considered.
   4. The treaty includes provisions for capacity building and technology transfer so developing countries can participate in research and conservation.
3. Marine Genetic Resources (MGRs) and benefit-sharing
   1. MGRs are biological materials from marine organisms that have scientific, medical or commercial value (for example, in pharmaceuticals).
   2. The treaty recognises MGRs as part of the common heritage of humankind in principle and requires fair and equitable sharing of benefits (both monetary and non-monetary).
   3. The precise rules for calculating and distributing benefits are not fully detailed in the treaty; they will be worked out during implementation, which is politically sensitive because states must balance science, commerce and equity.
4. Tension between two legal ideas: ‘freedom of the high seas’ vs ‘common heritage’
   1. The freedom of the high seas (navigation, fishing, research for all states) is a core UNCLOS idea.
   2. The common heritage concept emphasises collective ownership and benefit-sharing of resources.
   3. The BBNJ treaty compromises between these ideas: it preserves high seas freedoms but adds rules (for MGRs, MPAs, EIAs) that require cooperation and benefit-sharing. This hybrid approach leaves some legal ambiguities to be clarified in practice.

Key Terms

1. UNCLOS (United Nations Convention on the Law of the Sea): The main global treaty that defines rights and duties of states in ocean spaces — territorial seas, EEZs, continental shelves and the high seas. BBNJ fills biodiversity governance gaps left by UNCLOS.
2. High Seas / Areas Beyond National Jurisdiction (ABNJ): Ocean areas that lie outside any country’s territorial sea or exclusive economic zone; they are global commons.
3. Common Heritage of Humankind: A legal idea that some global commons should be managed collectively for the benefit of all, especially future generations.
4. Environmental Impact Assessment (EIA): A process to evaluate potential environmental effects of proposed activities before they happen, allowing for informed decision making.
5. International Seabed Authority (ISA): The organisation that regulates mineral resource activities on the deep seabed beyond national jurisdiction; BBNJ must interact with ISA to harmonise ocean governance.

Implications of this treaty

1. Better protection for ocean life: The treaty enables the creation of international MPAs and stronger rules to protect migratory species and vulnerable habitats.
2. Fair access to marine science benefits: If implemented well, benefit-sharing for MGRs can reduce biopiracy and help developing countries participate in biotech gains.
3. Stronger environmental assessments: Mandatory EIAs for activities on the high seas should reduce harmful actions and consider long-term, cumulative impacts.
4. Capacity uplift for poorer countries: Provisions for training and technology transfer can build scientific capacity in developing states to monitor and manage marine resources.
5. Geopolitical and legal complexity: The treaty’s success depends on wide ratification, especially by major maritime powers, and on smooth coordination with existing institutions to avoid governance gaps.

Challenges and Way Forward

Conclusion

The High Seas Treaty (BBNJ) is a historic step toward protecting the ocean areas that belong to no single country. It gives the international community tools—MPAs, EIAs, and benefit-sharing—to conserve biodiversity and make science and profits more equitable. Real success will depend on clear rules, broad ratification (especially by major maritime powers), strong coordination with existing ocean bodies, and sustained funding for capacity building and monitoring.