The BBNJ Treaty: Implications on India’s Marine Biodiversity

The Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ) Treaty was passed on March 4, 2023. This Treaty aims to protect 30 per cent of the ungoverned sea areas that fall under the High Seas. The Treaty is expected to become the biggest conservatory footprint in the world and can support India’s efforts to protect its marine ecology, regulate fishing, monitor the movement of illegal fishing vessels, increase marine exports as well as build international partnerships for promoting the blue economy, especially with its maritime neighbours. 

On December 24, 2017, the United Nations General Assembly decided to convene an Intergovernmental Conference to discuss the possibility of an internationally binding instrument that would protect marine biodiversity of seas and oceans beyond the national jurisdictions of countries.

Image Source: Earth Negotiations Bulletin

After two decades of efforts and five rounds of meetings from 2018 to 2023, the legally binding International Treaty towards the conservation and sustainable use of Marine Biodiversity of Areas Beyond National Jurisdiction, known as BBNJ was passed on March 4, 2023 (United Nations General Assembly, 2023; Krishnankutty, 2022). After 36 hours of closed-door deliberations, the president of the Intergovernmental Conference declared that “the ship has reached the shore” referring to the ratification of BBNJ on the United Nations General Assembly floor in New York (United Nations General Assembly, 2023).



The IGC Conference attendees congratulating the President of IGC, Rena Lee after the successful conclusion of the Treaty. Image Source: Ministry of Foreign Affairs, Singapore

Background of the Treaty

BBNJ is an extension of the UN Convention on the Law of the Sea (UNCLOS), 1982. Under UNCLOS, a framework for marine governance is already in place that allows scientific research and exclusive economic rights to member countries. However, the UNCLOS had a blindspot which is why the BBNJ has been created; oceanic areas beyond the national jurisdiction of countries (beyond 200 nautical miles from their shores), also known as the High Seas were off-limits to countries which is why they remained ignored for a long time. The High Seas cover almost two-thirds of the Global Ocean which is nearly half of our planet’s entire surface. It is important to protect the High Seas because it not only absorbs 90 per cent of the excess heat but also takes up 25 per cent of the CO2 created by fossil fuel use (Carbon Brief, 2023). The BBNJ will protect 30 per cent of the ungoverned sea areas that fall under the High Seas (BBC, 2023). United Nation’s Kunming-Montreal Global Biodiversity Framework has resolved to protect 30 per cent of the coastal areas by the year 2030; popularly known as ‘30×30’ (Oceanographic , 2023). The 30×30 excludes the 1.8 per cent of the high seas already under protection. High Seas Marine Protected Areas (MPA) will be established as per the proposal of the agreed parties who will consult with stakeholders to identify the High Seas Areas that need immediate protection (United Nations General Assembly, 2023).



The preamble of BBNJ final draft agreement passed on March 3, 2023. Image Source: Carbon Brief

The Preamble of the final agreement highlights that BBNJ focuses on forging a joint effort by UNCLOS member nations to address the issues of biodiversity loss, degrading oceanic ecosystem as a result of climate change, plastic pollution, acidification, industrial pollution, and promoting sustainable use of oceanic waters, protecting marine flora and fauna and so on (Carbon Brief, 2023). Building a global regime to govern the High Seas for the protection of marine life and resources is the highest priority of the BBNJ.

Bottlenecks in Implementation of the Treaty

While the adoption of the draft Treaty is applauded for its success, the Treaty still needs to be ratified by countries for its implementation. The Treaty was objected to by different party nations including China on grounds of sovereignty, financing, territorial integrity, sharing of marine genetic resources and disputed areas (IISD, 2023). Other objections included debates on principles of common heritage vs. freedom of the High Seas, objection to the term ‘High Seas’ and its shorthandedness over the term ‘International Waters’. However, with both terms making it to the final text of the Treaty, a common consensus was gained on the final draft of BBNJ (Carbon Brief, 2023).

Structure of the BBNJ Treaty

For its implementation, the BBNJ Treaty has laid provisions for seven bodies and mechanisms that will look after the decision-making process; logistical and administrative functions; information control and circulation; financing and technology; and implementation process.

Mechanisms/Bodies	Functions
Conference of the Parties (COP)	This is the main decision-making body.
A Secretariat	This has been devised for administrative and logistical support, circulating information, and facilitating cooperation with other international bodies.
Clearing-House Mechanism	This is a centralised, open-access platform for parties to access and provide information on marine genetic resources, environmental impact assessments and marine protected areas
Scientific and Technical Body (STB)	Expert members from different geographies, nominated by parties to review specific proposals sent by parties to the Treaty. STB will provide recommendations based on the revised proposals and co-operate with other scientific bodies.
Implementation and Compliance Committee (ICC)	This committee facilitates transparent and non-punitive implementation.
Access and Benefit-sharing Committee	This committee has been set up to take care of Intellectual Property Rights, licensing needs.
Financial Mechanism	This mechanism has been set up for the collection of voluntary, special, and Global Environment Facility (GEF) trust fund, accepting financial contributions from states.

 

Significance of BBNJ for India

The BBNJ holds great significance for India as it is expected to become the biggest conservatory footprint in the world and can support India’s efforts to protect its own marine ecology. The Ministry of Earth Sciences (2022) has supported the BBNJ last year stating that the Treaty has similarities with India’s Biodiversity Act, 2002 as both focus on the protection and sustainable use of marine resources. Last year, the Ministry advocated for a strong BBNJ framework that allows equal distribution of benefits among the signatory parties.




Image Source: National Maritime Foundation

This treaty supports International vessel monitoring system which can help India to eliminate illegal fishing (The Hindu, 2023). India can monitor the movement of illegal fishing vessels through a stronger international vessel monitoring system facilitated by the BBNJ Treaty. Moreover, the BBNJ’s ‘30 × 30 target’ can help India to identify biodiversity-rich coastal and marine areas that are currently under threat and bring them under the protection of BBNJ. This measure will add support to India’s blue economy.

The BBNJ also provides India the opportunity to build international partnerships for promoting the blue economy, especially with its maritime neighbours, thus, boosting its ‘Neighborhood First Policy’ (Vijay, 2017). The Treaty can support India’s marine technology and research to protect rare species, reduce marine pollution, development of its coastal areas, and create new job opportunities for coastal communities (India Brand Equity Foundation, 2023). The Treaty can also give a new perspective to India’s Draft Policy Framework on National Blue Economy that is currently under preparation.

Way Forward

India envisions to optimally utilise all its maritime domain including conservation, sustainable development, and tourism. BBNJ opens prospects for India to engage in strategic dimensions of coastal and maritime development. However, Article 4 of the BBNJ agreement provides that it does not prejudice or challenge the jurisdiction of States in the continental shelf within and beyond 200 NM (United Nations General Assembly, 2023). Nevertheless, incidents in High Seas impact the biodiversity of continental shelves both directly and indirectly beyond jurisdictional boundaries (Mossop, 2017). Therefore, certain loopholes remain within the BBNJ. The BBNJ Treaty is yet to be ratified by the any of the parties to the agreement. To enter into force, at least 60 member countries need to retify the treaty. The success of BBNJ in protecting marine biodiversity as well as its implications for India yet remains to be seen.

References

BBC. (2023, March 5). Ocean treaty: Historic agreement reached after decade of talks. https://www.bbc.com/news/science-environment-64815782

Carbon Brief. (2023, August 3). What does the ‘High Seas Treaty’ mean for climate change and biodiversity? https://www.carbonbrief.org/qa-what-does-the-high-seas-treaty-mean-for-climate-change-and-biodiversity/

Greenpeace India . (2023, March 2). A Letter to the Ministry of Earth Sciences: Support the Global Ocean Treaty! https://www.greenpeace.org/india/en/story/15366/india-bbnj-letter-to-ministers/

IISD. (2023, March 7). Earth Negotiations Bulletin. Retrieved from IISD: https://enb.iisd.org/sites/default/files/2023-03/enb25250e.pdf

India Brand Equity Foundation. (2023).  Importance of India's Blue Economy:  https://www.ibef.org/blogs/importance-of-india-s-blue-economy

Krishnankutty, P. (2022, February 11). India supports legally binding UN treaty for sustainable use of biodiverse oceans, says PM Modi: https://theprint.in/india/india-supports-legally-binding-un-treaty-for-sustainable-use-of-biodiverse-oceans-says-pm-modi/828285/

Ministry of Earth Sciences . (2022, July 27). Blue Economic Policy. Retrieved from Ministry of Earth Sciences:https://pib.gov.in/PressReleasePage.aspxPRID=1845257#:~:text=This%20is%20a%2075%20days,International%20Coastal%20Clean%20Up%20Day'.

Ministry of Earth Sciences. (2022, February 22). India urges the UN Member Nations to stay dedicated to the conservation and preservation of the oceans and its biodiversity. https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1901471

Oceanographic . (2023, March 6). UN agrees on 'historic' High Seas Treaty. https://oceanographicmagazine.com/news/un-agrees-on-historic-high-seas-treaty/

United nations General Assembly. (2023, March 3). ‘The Ship Has Reached the Shore’, President Announces, as Intergovernmental Conference Concludes Historic New Maritime Biodiversity Treaty. https://press.un.org/en/2023/sea2175.doc.htm

United Nations General Assembly. (2023, March 4). Intergovernmental conference on an international legally binding instrument under the United Nations Convention on the Law of the Sea. https://www.un.org/bbnj/sites/www.un.org.bbnj/files/draft_agreement_advanced_unedited_for_posting_v1.pdf

Vijay, A. (2017, April 18). Blue Economy: A Catalyst for India's ‘Neighbourhood First Policy’. https://maritimeindia.org/blue-economy-a-catalyst-for-indias-neighbourhood-first-policy/