🌊 High Seas Treaty under UNCLOS – UPSC Editorial Analysis (GS-2)

BBNJ Treaty | Marine Biodiversity | Ocean Governance | International Relations for UPSC

---

✅ Why is this Topic Important for UPSC?

The High Seas Treaty under UNCLOS is a high-probability topic for UPSC Prelims, Mains GS-2, GS-3 (Environment), and Essay Paper, due to its link with:

• International environmental treaties
• Global commons governance
• Blue Economy & India’s maritime strategy
• Climate change diplomacy

---

📝 Introduction

Oceans cover nearly 70% of the Earth’s surface, yet governance of waters beyond national jurisdiction has remained weak. The High Seas Treaty, officially known as:

was finalized in March 2023 and will come into force in January 2026, after Morocco became the 60th country to ratify it.

It is widely hailed as a historic global conservation milestone, establishing a legal framework to protect two-thirds of the world’s oceans, which lie beyond national control.

Also Read: The ASEAN-India Summit 2025

---

📜 Historical Background (UPSC Points)

Year	Development
1982	UNCLOS signed → Framework for ocean governance; left gaps in high seas biodiversity.
2004–2023	Negotiations on BBNJ Treaty covering conservation, benefit-sharing & governance.
March 2023	UN Member States reached agreement on BBNJ Treaty.
2025	Achieved 60 ratifications → Will enter into force in Jan 2026.

Keywords for UPSC: UNCLOS, BBNJ, Marine Biodiversity, Global Commons

---

⭐ Key Features of the High Seas Treaty (BBNJ)

1️⃣ Marine Protected Areas (MPAs)

• Enables creation of protected zones in the high seas.
• Supports 30×30 Global Target → Protect 30% of oceans by 2030.

2️⃣ Mandatory Environmental Impact Assessments (EIAs)

• EIAs required for activities impacting high-seas biodiversity.

3️⃣ Marine Genetic Resources (MGR) & Benefit-Sharing

• Regulates access to MGR used in pharma, biotechnology, cosmetics.
• Promotes equitable sharing of benefits with developing nations.

4️⃣ Technology Transfer & Funding Support

• Developed countries expected to provide:
  ✔ technology
  ✔ marine research training
  ✔ financial assistance

5️⃣ Deep-Sea Mining & Geo-engineering Restrictions

• No deep-sea mining allowed until strong regulations created by International Seabed Authority (ISA).

6️⃣ COP-Based Global Decision Making

• Establishes a Conference of Parties (COP) for implementation and review.

7️⃣ No Enforcement Mechanism

• Relies on state responsibility & cooperation – No penalties for violations.

Read More: Escrow Fund for Scientific Mine Closure

---

🌍 Significance of the Treaty

🌱 Environmental Conservation

Protects fragile ecosystems including hydrothermal vents, coral reefs, migratory species from:

• Plastic pollution
• Overfishing
• Deep-sea mining
• Climate geo-engineering

🌡️ Climate Change Mitigation

• Oceans absorb 25% of global CO₂ emissions & 90% of excess heat.
• Conservation enhances climate resilience and carbon sink capacity.

🔬 Scientific and Technological Collaboration

• Facilitates joint research and open-source data sharing.
• Vital for developing countries lacking marine technology & capacity.

⚖️ Ensures Equity in Global Commons

• Prevents exploitation of high seas by a few rich countries.
• Inspired by equity principles of Nagoya Protocol.

---

⚠️ Challenges & Concerns

Challenge	Explanation
Ratification Gap	India & US not yet ratified; among G7, only France has.
Weak Enforcement	No punitive action for violations → depends on national implementation.
Economic vs Ecological Conflict	Fishing nations, mining corporates oppose restrictions.
North-South Divide	Poor nations demand tech & finance; rich nations reluctant.
Institutional Overlap	May clash with IMO, ISA, FAO mandates.

---

India’s Position and Interests

• Signed but not ratified the High Seas Treaty.
• India aims to ratify after passing supporting legislation in Parliament.

India’s Interests in High Seas Governance:

Strategic Priority	Reason
Blue Economy Growth	Marine fisheries, minerals, renewable energy
Deep-sea Mining	Polymetallic nodules in Indian Ocean
Maritime Diplomacy	Leadership in Global South ocean governance
Climate Commitments	Supports SDGs & Paris Agreement

India must balance economic ambitions with global leadership in ocean conservation.

---

🌐 Geopolitical Overview

Country/Group	Stand
USA	Signed under Biden; but not ratified UNCLOS → weak credibility
EU	Strong supporter; aligns with EU Green Deal
China	Prioritises mining rights; cautious on benefit sharing
SIDS	Strongest advocates; oceans are existential lifelines

---

🔗 Link with Global Frameworks

Global Agreement	Link
SDG 14	Enhances “Life Below Water”
Paris Agreement	Marine protection enhances carbon capture
Kunming-Montreal Framework	Supports 30×30 global biodiversity goal

---

🚀 Way Forward

• Accelerate Ratification by major powers including India, US, China, Japan.
• Domestic Legislation for compliance and enforcement.
• Financial & Tech Support Mechanisms for developing nations.
• Monitoring & Transparency Tools for accountability.
• Integrate high-seas protection with Blue Economy and sustainable development.

---

🏁 Conclusion

The High Seas Treaty is a path-breaking global effort in preserving shared oceanic resources. While its entry into force in 2026 marks a hopeful start, its success depends on widespread ratification, equitable implementation, and bridging the North-South divide.

For India, it offers an opportunity to lead global ocean governance, balance Blue Economy goals with sustainability, and strengthen maritime diplomacy.

---

Read More: India to Host Commonwealth Games 2030

🧠 Mains Practice Question (GS-2 – 250 Words)

“The High Seas Treaty under UNCLOS is a milestone for global commons governance, but its success depends on ratification and compliance.” Discuss in the context of India’s maritime interests.

---

📝 Prelims MCQs

Q1. The term “Marine Genetic Resources (MGR)”, often seen in news, refers to:

(a) Genes extracted from marine organisms for research and commercial use
(b) Genetic modification of marine species to increase fish yield
(c) DNA sequencing of corals to monitor climate change
(d) A UN organization regulating maritime biotechnology

✅ Answer: (a)

---

Q2. “30×30 Target”, sometimes seen in global environmental discussions, is associated with:

(a) Reducing carbon emissions by 30% every 10 years till 2030
(b) Conserving 30% of land and 30% of ocean areas by 2030
(c) Reducing marine pollution by 30% by 2030
(d) Increasing renewable energy use to 30% by 2030

✅ Answer: (b)

---

Q3. With reference to UNCLOS, consider the following pairs:

Maritime Zone	Limit from baseline
1. Territorial Sea	24 nautical miles
2. Exclusive Economic Zone (EEZ)	200 nautical miles
3. Contiguous Zone	12 nautical miles

Which of the pairs given above is/are correctly matched?

(a) 1 and 2 only
(b) 2 only
(c) 2 and 3 only
(d) 1, 2 and 3

✅ Answer: (b)
Correct limits: Territorial Sea – 12 nm; Contiguous Zone – 24 nm; EEZ – 200 nm

---

Q4. Which of the following bodies is responsible for regulating deep-sea mining in areas beyond national jurisdiction?

(a) UNEP
(b) International Maritime Organization
(c) International Seabed Authority
(d) UNFCCC

✅ Answer: (c)

---

Q5. Consider the following activities:

1. Commercial fishing in the high seas
2. Deep-sea mining of polymetallic nodules
3. Marine geo-engineering experiments
4. Establishment of Marine Protected Areas

Which of the above activities are covered under the provisions of the BBNJ Treaty?

(a) 1, 2 and 4 only
(b) 2, 3 and 4 only
(c) 1, 3 and 4 only
(d) 1, 2, 3 and 4

✅ Answer: (b)

---

Q6. Which of the following best describes the “High Seas”?

(a) Areas of the sea within territorial jurisdiction of a country
(b) Areas of the sea beyond the Exclusive Economic Zone
(c) The coastal waters up to 24 nautical miles
(d) Waters under no surveillance or military activity

✅ Answer: (b)

---

Q7. The High Seas Treaty is legally linked to which of the following?

(a) UNFCCC
(b) UNCLOS
(c) Paris Agreement
(d) CBD (Convention on Biological Diversity)

✅ Answer: (b)

---

Q8. With reference to the High Seas Treaty, consider the following statements:

1. It is the first legally binding treaty under UNCLOS focused on marine biodiversity beyond national jurisdiction.
2. It contains a dedicated enforcement body to impose penalties on violators.
3. It mandates environmental impact assessments for proposed activities that may impact biodiversity in the high seas.

Which of the statements given above is/are correct?

(a) 1 and 3 only
(b) 2 only
(c) 1 and 2 only
(d) 1, 2 and 3

✅ Answer: (a)

---

Q9. “Tragedy of the Commons”, often discussed in environmental governance, is relevant to the High Seas Treaty because:

(a) High seas provide no economic benefits to nations
(b) Resources beyond national control are often overused due to lack of ownership
(c) It grants ownership of high seas to developing countries
(d) It allows countries to exploit marine resources exclusively

✅ Answer: (b)

---

Q10. The BBNJ Treaty provisions on benefit-sharing are conceptually closest to which international instrument?

(a) Montreal Protocol
(b) Nagoya Protocol under CBD
(c) Kigali Amendment
(d) Stockholm Convention

✅ Answer: (b)

Q11. With reference to the High Seas Treaty under UNCLOS, consider the following statements:

1. It aims to protect 30% of the world’s oceans by 2030.
2. It provides for punitive measures against states for violating environmental norms.
3. It ensures equitable benefit-sharing of marine genetic resources among nations.

Which of the statements given above is/are correct?

(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

✅ Answer: (c)

Read More: Telecommunications (Telecom Cyber Security) Amendment Rules, 2025