India to enact law to protect its interest in high seas, following BBNJ agreement

The High Seas Treaty, also known as the Biodiversity Beyond National Jurisdictions (BBNJ), because it deals with activities in international waters, seeks to curb pollution, and excessive resource extraction, while promoting efforts for sustainable use of biodiversity and other marine resources. One of the consequences of the new treaty would be the demarcation of protected areas in high seas, similar to national parks or wildlife reserves. High seas are regions beyond the territorial waters and the Exclusive Economic Zones (EEZs) of a nation.

These international waters, which constitute about 64 per cent of ocean areas, are considered global commons and are currently free for any kind of activity by any country. Every country enjoys equal rights for navigation, overflight, fishing, setting up infrastructure like undersea cables, and even mineral extraction.

The High Seas Treaty would result in regulation of certain extractive activities, like sea-bed mining, and also enable the conservation and protection of marine life and resources. It also has provisions for equitable benefit sharing from the use of marine genetic resources, for example.

The treaty would serve as a legally binding international instrument under the UN Convention on the Law of the Sea (UNCLOS), which is a much broader agreement that extends to all oceans and defines the rights and duties of countries in their use of oceans and their resources.

India has signed on to the BBNJ but has not yet ratified it. So far, 55 countries have ratified the treaty, which is slated to come into force 120 days after ratification by the 60th country. Enactment of a law is not necessary for ratification. India’s move to go in for a legislation is aimed at preparing itself to make productive use of the new treaty. The treaty would place certain obligations on countries, for example, in conducting marine impact assessments ahead of undertaking any major project in the seas. Such activities would require institutional capabilities to be built. Making use of the economic benefit-sharing provisions would also need elaborate expertise.

The 12-member panel headed by Upadhyay has been mandated to look at the issue of marine environment in a comprehensive manner and draft a law that not just safeguards India’s interests in the oceans, but also promotes conservation of marine resources, and prepares it for making use of access and benefit mechanisms from exploitation of marine resources, while aligning it with the provisions of the new treaty.