NEWS

• India is preparing legislation to safeguard its interests in international waters following the adoption of the High Seas Treaty (BBNJ – Biodiversity Beyond National Jurisdictions).
• The move aligns with global efforts to conserve marine biodiversity and regulate oceanic resources beyond national jurisdiction.

HIGHLIGHTS

High Seas – Global Commons

• Definition: Areas beyond territorial waters (12 nautical miles) and Exclusive Economic Zones (200 nautical miles).
• Coverage: Constitutes ~64% of ocean surface.
• Current Use: Open to all nations for navigation, fishing, undersea cables, mineral extraction.

Significance of the High Seas Treaty (BBNJ)

• Legally binding instrument under UNCLOS (1982).
• Aims to:
  • Curb pollution and overexploitation.
  • Establish Marine Protected Areas (MPAs) akin to national parks.
  • Regulate seabed mining and extractive activities.
  • Ensure equitable sharing of marine genetic resources.
• Works as an implementation agreement, similar to the Paris Agreement under UNFCCC.

India’s Steps

• 12-member committee formed by Ministry of Earth Sciences.
• Headed by Sanjay Upadhyay (Senior Advocate, SC).
• Mandate: Draft law balancing India’s oceanic interests with conservation goals.
• India has signed but not ratified the treaty; 55 countries ratified so far, requiring 60 for enforcement.

Governance Framework

• UNCLOS (1982): Defines sovereignty, EEZ rights, and equitable resource use.
• Gap: UNCLOS lacks specific mechanisms for biodiversity protection.
• Role of BBNJ: Provides operational measures for conservation, akin to UNFCCC’s Paris Agreement model.

Implications for India

• Enhances India’s voice in global ocean governance.
• Provides legal backing to safeguard strategic, economic, and environmental interests.
• Aligns with India’s broader commitments on sustainability and climate action.