Recently, India has signed the Biodiversity Beyond National Jurisdictions (BBNJ) agreement. This agreement was signed by India’s External Affairs Minister, S Jaishankar, at the United Nations General Assembly in New York on September 25, 2024. This shows India’s commitment to the UN’s Sustainable Development Goals (SDG-14).
Background of the treaty
The United Nations Convention on Laws of Seas (UNCLOS) lays down a comprehensive regime governing global oceans and seas. It gives sovereignty to coastal states in its territorial waters, i.e., up to 12 nautical miles, and the right to ‘innocent passage’ to foreign vessels. Further, up to 200 nautical miles, coastal states have sovereign right over exclusive economic zone (EEZ) with respect to natural resources and certain economic activities. But what about the waters beyond 200 nautical miles?

These waters are known as ‘High Seas’. No country enjoys sovereign rights over the High Seas. They are reserved for peaceful purposes and are open to all the states for navigation, fishing, overflight, laying of submarine cables, conducting scientific research, etc. Thus, it ensures that the High Seas remain ‘global common’.
But then, we know that a property that is common to all belongs to none and hence is poorly managed. The same issue lies with the High Seas also. Although UNCLOS talks about its sustainable use and international collaboration, it lacks clear details.
It is in this background that the High Seas Treaty came into being. On March 4, 2023, after almost two decades of discussion, the world’s governments reached an agreement and adopted it on 19 June 2023. The new High Seas Treaty addresses many of the governance gaps that have plagued the ocean, setting out clearer ways to conserve biodiversity in the high seas.
India signs the treaty

Recently, India has signed the Biodiversity Beyond National Jurisdictions (BBNJ) agreement. This agreement was signed by India’s External Affairs Minister, S Jaishankar, at the United Nations General Assembly in New York on September 25, 2024. This shows India’s commitment to the UN’s Sustainable Development Goals (SDG-14), i.e., protecting life under water. The treaty puts new responsibilities on India to utilise the BBNJ framework, and it also opens up new opportunities in areas beyond its EEZ. So far, 91 countries have signed the BBNJ Agreement, showing a growing global agreement on the need to protect marine life in the high seas. Countries like Australia, Canada, Chile, Colombia, and many in the European Union have also joined this cause.
Key aspects of the treaty:
The treaty is an international accord under UNCLOS and is based on an inclusive, integrated, ecosystem-centric approach. It aims to conserve High Seas which face several threats, including destructive fishing practices, seabed mining, marine pollution, etc. It is a legally binding framework that will come into force once 60 countries ratify it. As of October 2nd, 2024, 13 countries have ratified it. It is interesting to see that most of the ratifying countries, like Bangladesh, Timor-Leste, Seychelles, Mauritius, Micronesia, Monaco face immediate threats and are most vulnerable to changes in oceans and thus are the first ones to ratify it.
- Area based management tools (Part III, Articles 14-21) – Marine Protected Areas (MPAs) will be established which in turn can help us to achieve the 30×30 target set at Biodiversity COP15. The 30×30 global target intends to protect 30 per cent of the land and ocean by 2030. It was agreed at the Conference of the Parties to the UN Convention on Biological Diversity in December 2022.
- Marine Genetic Resources (MGRs) (Part II, Articles 7-13) – Fair and equitable sharing of benefits will be there with respect to “marine genetic resources” (“MGRs”) and “digital sequence information” (“DSI”). Access and benefit-sharing committee will be established to frame guidelines.
- Environmental Impact Assessment (Part IV, Articles 21-41) – New activities on the High Seas, such as large-scale geoengineering proposals, High Seas aquaculture and other new activities, will be subject to detailed public notice and consultation. Scientific and Technical Body established under the Treaty will review EIAs and States that are Party to the Treaty will have to promote the use of EIAs.
- Capacity building and technology transfer (Part V, Articles 42-47; Part VII, Article 52) – Interests of developing countries are considered as necessary focus is given on data sharing, research facilities collaboration, traditional knowledge protection and infrastructure and personnel development. A special fund will also be established to help developing countries.

Challenges ahead:
First is the ratification of the treaty – Sixty countries will take time to ratify it, which is a necessary condition for the treaty to come into force. Second, ratification of the treaty will not make it self-enforceable. Countries need to invest a lot in the groundwork, such as agreeing on the rules of procedure for the bodies, allocating the budget, and setting up the secretariat. Third, experts have pointed out that the BBNJ agreement does not require nor facilitate direct investment in scientific research. Fourth, to achieve the targets, experts believe that around 10 million square kilometres of the ocean has to be brought under Marine Protected Areas (MPA) annually. Fifth, there might be a conflict with other existing governance bodies, such as the International Maritime Organisation and the International Seabed Authority.
Way ahead:
UN as well as the respective countries must take the following suggestions into account in order to reap the true benefits of the treaty. One, Strengthen support for scientific research through a strong and empowered Scientific and Technical Body. Two, develop special and voluntary funds to implement the treaty. Three, developed countries to make annual contributions. Four, states must start working on their EIAs and proposals on MPAs. Five, private players must report real time data and reports on MGR access.
Conclusion
The High Seas Treaty represents a groundbreaking commitment to protecting the shared treasures of our oceans—an international call to action that transcends borders and prioritizes the health of our planet over individual interests. By addressing the sustainable use and equitable management of marine biodiversity beyond national jurisdiction, this treaty lays the foundation for collaborative stewardship of the high seas, ensuring that these vast, once-neglected areas become a symbol of unity and conservation for future generations. It is not just a treaty; it is a promise to safeguard the deep blue, recognising the interconnectedness of all life and the critical role the oceans play in sustaining it.
The study of geography is essential to understanding our future. Excellent, please continue working in this manner to preserve life’s simplicity in geography.
Yes indeed! Thankyou Ashutosh. Keep reading and spreading the word 🙂
Awesome work. Keep doing👍
Thankyou Raja sir. Your words of appreciation really mean a lot! Thankyou once again 🙂