UN High Seas Treaty Takes Effect But Enforcement Challenges Loom

A landmark global treaty called the High Seas Treaty came into effect on January 17 to safeguard biodiversity in the high seas. This treaty also provides countries with a legally binding framework to deal with threats such as overfishing and meet a target to protect 30% of the ocean environment by 2030.

The UN treaty, also known as Biodiversity Beyond National Jurisdiction (BBNJ), was finalised in March 2023 after 15 years of negotiations. This will allow the creation of a global network of "marine protected areas" in vast and previously unregulated ocean ecosystems lying in international waters.

"It's two-thirds of the ocean, (and) it's half the surface of the planet that for the first time will have a comprehensive legal regime," said Adam McCarthy, first assistant secretary at the Australian foreign ministry and a co-chair of the treaty's preparatory committee, speaking at a media briefing.

Formally known as the Agreement on Biodiversity Beyond National Jurisdiction, the High Seas Treaty is the first legally binding agreement meant for protecting marine biodiversity in international waters.

The treaty reached the threshold of 60 national ratifications on September 19 last year, meaning that it would go formally into operation within 120 days. The number of ratifications has since risen to more than 80, with China, Brazil and Japan adding their names to the list, reported Reuters.

Others, including Britain and Australia, are expected to follow soon. The United States signed the treaty during the previous administration but has not yet ratified it.

"Whilst we only needed 60 for it to enter into force, obviously it's really critical for its implementation and for it to be as effective as possible for us to achieve global or universal ratification of the treaty," said Rebecca Hubbard, director of the High Seas Alliance, a coalition of environmental groups.

"We're really aiming for all UN member states to ratify the treaty."

Countries are required by the treaty to carry out environmental assessments of operations that affect ocean ecology. Additionally, it will establish systems that let countries split the profits from the "blue economy," including "marine genetic resources" that are utilised in sectors like biotechnology.

Environmentalists say more than 190,000 protected areas would need to be established in order to meet the "30 by 30" target to bring 30% of the oceans under formal protection by 2030. Currently, only about 8% - or 29 million square kilometres (11.2 million square miles) - is protected.

Enforcement Challenges Ahead

According to Observer Research Foundation, the High Seas Treaty suffers from some critical shortcomings despite its merits. The treaty's provisions on marine genetic resources require countries to share a portion of their profits with a global fund for high-seas protection.

This is ostensibly based on the understanding that high-income countries active in marine genetic research will, in good faith, contribute proportionately more to the fund. Critics say this could potentially compromise the interests of smaller, less capable states.

Since marine ecosystems are interconnected, degradation in coastal environments often extends into areas beyond national jurisdictions. Indeed, coastal pollution is known to spread into the high seas, and overfishing within EEZs frequently causes fish stocks to migrate across borders.

In addition, monitoring and enforcing protections in remote high seas will require new funding, satellite surveillance, and cooperation from flag states—areas where past ocean governance efforts have often struggled.