May 8, 2024

Lukmaan IAS

A Blog for IAS Examination

THE BIODIVERSITY BEYOND NATIONAL JURISDICTION (BBNJ) TREATY

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TAG: GS 3: ENVIRONMENT AND ECOLOGY

THE CONTEXT: The Blue Leaders High-Level Event on Biodiversity Beyond National Jurisdiction held in Belgium on March 7, 2024, emphasized the urgent need for nations to ratify the new treaty for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (BBNJ Treaty).

EXPLANATION:

  • This treaty, formally adopted in May 2023, addresses critical issues such as pollution, climate change, and overfishing in the high seas, areas beyond 200 nautical miles from coastal countries’ exclusive economic zones.
  • As of now, 88 countries have signed the BBNJ Treaty, with Chile and Palau being the only nations to ratify it.
  • The treaty requires a minimum of 60 ratifications to enter into force.
  • Despite the urgency expressed at the international level, concerns have been raised about potential delays, with comparisons drawn to the 12-year ratification process of the United Nations Convention on the Law of the Seas.
  • India, while yet to sign the treaty, has demonstrated support for its entry into force and implementation.
  • This commitment was underscored at the G20 New Delhi Leaders’ Declaration in September 2023.
  • The nation’s stance suggests a recognition of the importance of international collaboration in addressing challenges related to the high seas.
  • The Blue Leaders High-Level Event witnessed the participation of nations such as Belgium, Cape Verde, Greece, Monaco, Nigeria, Norway, and the United Kingdom.
  • Such international gatherings play a crucial role in focusing political attention on the BBNJ Treaty, fostering momentum among countries, and encouraging swift ratification and implementation.

Treaty’s Objectives: Conservation, Equity, and Environmental Impact Assessments

  • The BBNJ Treaty aims to significantly increase the percentage of protected areas in the high seas, addressing the current deficiency where only 1.44% is protected.
  • Furthermore, the treaty outlines provisions for the equitable sharing of profits from marine genetic resources (MGR), crucial for applications in medicine and pharmaceuticals.
  • Additionally, it establishes guidelines for conducting Environmental Impact Assessments (EIAs) for activities like carbon sequestration and deep-sea mining.

Challenges Post-Ratification: Operational Framework and Protection of Marine Life

  • Even after ratification, countries face challenges in establishing the operational framework of the treaty.
  • This includes determining the rules of procedure for bodies under the treaty, budget allocations, and the potential location of the Secretariat.
  • Belgian Prime Minister has offered to host the BBNJ Secretariat in Brussels.

Timely High Seas Protection and the 2030 Target

  • Achieving the global goal of protecting at least 30% of marine life by 2030, as agreed upon in the Kunming-Montreal Global Biodiversity Framework, heavily depends on the swift entry into force of the BBNJ Treaty in 2025.
  • This ambitious target underscores the need for concerted efforts by all stakeholders to fast-track high seas protection.

The Role of Scientific Research and the EIA Process

  • A critical aspect highlighted by experts is the role of scientific research in the BBNJ Treaty’s effectiveness.
  • Concerns have been raised regarding the current Environmental Impact Assessment (EIA) process, with arguments that it lacks strong scientific support.
  • The call for a robust Scientific and Technical Body is emphasized to strengthen support for scientific research and ensure the treaty’s goals of conservation and sustainable use are met.

High Seas Treaty:

  • In 1982, the United Nations Convention on the Law of the Sea (UNCLOS), was adopted, which delineated rules to govern the oceans and the use of its resources.
  • However, there was no comprehensive legal framework that covered the high seas.
  • As climate change and global warming emerged as global concerns, a need was felt for an international legal framework to protect oceans and marine life.
  • The UNGA (United Nations General Assembly) decided in 2015 to develop a legally binding instrument within the framework of UNCLOS.
  • Subsequently, the IGC was convened to frame a legal instrument on BBNJ.

SOURCE: https://www.downtoearth.org.in/news/environment/countries-hope-to-bring-bbnj-or-high-seas-treaty-into-force-by-2025-only-2-have-ratified-it-so-far-94909

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