THE CONTEXT: On September 25, 2024, India’s External Affairs Minister, S. Jaishankar, signed the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement at the United Nations General Assembly in New York. This move underscores India’s commitment to global efforts in marine conservation and sustainable development, aligning with the objectives of the United Nations Convention on the Law of the Sea (UNCLOS) 123.
OBJECTIVE OF THE BBNJ AGREEMENT:
The Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, also known as the “Treaty of the High Seas,” aims to protect marine life in ocean areas that are not under any single nation’s jurisdiction. These areas begin 370 kilometers from any country’s coastline and encompass two-thirds of the world’s oceans.
About Biodiversity Beyond National Jurisdiction (BBNJ) Agreement
1) The Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ Agreement) was adopted on 19 June 2023 by the Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction convened under the auspices of the United Nations. The BBNJ Agreement becomes the third implementing agreement to the United Nations Convention on the Law of the Sea.
2) The Agreement is open for signature by all States and regional economic integration organizations from 20 September 2023 to 20 September 2025 and will enter into force 120 days after the date of deposit of the sixtieth instrument of ratification, approval, acceptance, or accession.
KEY GOALS OF THE BBNJ AGREEMENT:
- Protection of Marine Life: The primary goal is to safeguard marine biodiversity in areas beyond national jurisdiction, ensuring that these ecosystems remain healthy and resilient.
- Sustainable Use of Ocean Resources: The treaty promotes the sustainable use of ocean resources, preventing any one country from claiming these resources exclusively for themselves. It ensures that benefits derived from marine life are shared equitably among nations. The BBNJ Agreement provides that no government can claim sovereign rights over marine resources in the high seas, which are open to all for activities like navigation and laying submarine cables.
- Inclusive Approach: The agreement encourages a blend of traditional knowledge and modern science to protect ocean ecosystems effectively. This includes setting guidelines for countries to conduct environmental impact assessments before engaging in activities on the high seas. The treaty follows an inclusive, integrated, ecosystem-centric approach based on the precautionary principle.
- Regulatory Framework: The BBNJ Agreement establishes rules for conducting environmental impact assessments to minimize harm to marine ecosystems. It includes area-based management tools and sets guidelines for managing activities in the high seas to protect marine biodiversity effectively.
- Support for Sustainable Development Goals (SDGs): The BBNJ Agreement helps achieve Sustainable Development Goal 14, which focuses on conserving and sustainably using oceans, seas, and marine resources.
- Banning Harmful Activities: The treaty prohibits destructive practices such as harmful fishing methods and pollution in high seas areas.
- Establishment of Marine Protected Areas: It allows countries to create marine protected areas in international waters to enhance conservation efforts.
- Cooperation and Technology Sharing: The agreement fosters international cooperation and technology transfer, enabling countries like India to bolster their marine conservation strategies.
ALIGNMENT WITH GLOBAL GOALS
- Sustainable Development Goals (SDGs): The treaty supports SDG 14, which focuses on conserving and sustainably using the oceans, seas, and marine resources for sustainable development. Promoting sustainable practices and equitable resource sharing contributes to achieving broader environmental and developmental goals outlined in the SDGs.
- Global Biodiversity Framework: The BBNJ Agreement aligns with the Kunming-Montreal Global Biodiversity Framework’s target to protect 30% of the world’s land and sea by 2030. This alignment underscores its role in addressing global biodiversity decline by protecting ecologically vital areas in the high seas, which cover nearly two-thirds of the ocean.
INDIA’S ROLE AND CHALLENGES
- India’s Commitment: India has demonstrated its commitment to ocean health by signing the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement on September 25, 2024. This step was taken by India’s External Affairs Minister, S. Jaishankar, at the United Nations General Assembly in New York12. The agreement was approved by the Indian Cabinet in July 2024, highlighting India’s proactive stance on environmental conservation and sustainable development.
- Marine Biodiversity Challenges: India’s marine biodiversity faces significant challenges, including overfishing, pollution, habitat destruction, and dredging. The country hosts over 2,492 marine fish species, with 91 species endemic to Indian waters. The International Union for Conservation of Nature (IUCN) considers approximately 50 of these species threatened.
- Opportunities for India: The BBNJ framework provides India with opportunities to enhance marine conservation efforts. It allows for creating marine protected areas in the high seas and mandates environmental impact assessments to ensure sustainable use of marine resources. Additionally, it promotes cooperation and technology sharing between countries, which can bolster India’s conservation initiatives.
GLOBAL PARTICIPATION AND IMPACT
- International Cooperation: The BBNJ Agreement has garnered international support, with 91 countries signing it. This includes nations like Australia, Canada, Chile, Colombia, and many European Union countries12. The widespread participation underscores a global consensus on protecting marine life in the high seas.
- Legal Framework: The BBNJ Agreement is a legally binding framework under the United Nations Convention on the Law of the Sea (UNCLOS), often called the “constitution of the ocean.” It addresses issues such as ocean protection, fairness in resource sharing, environmental damage, climate change, and biodiversity loss. The treaty aims to protect two-thirds of the world’s oceans by setting rules for sustainable resource use and banning harmful activities like destructive fishing practices and pollution.
THE CONCLUSION:
India’s decision to join the BBNJ Agreement represents a strategic move to enhance its presence in international waters while strengthening its marine conservation efforts. By participating in this treaty, India can create marine protected areas, conduct environmental impact assessments, and ensure sustainable use of marine resources, all while promoting cooperation and technology sharing with other nations.
UPSC PAST YEAR QUESTIONS:
Q.1 Describe the major outcomes of the 26th session of the Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC). What are the commitments made by India in this conference? 2021
Q.2 What is oil pollution? What are its impacts on the marine ecosystem? In what way is oil pollution particularly harmful for a country like India? 2023
MAINS PRACTICE QUESTION:
Q.1 Discuss the significance of the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, also known as the “Treaty of the High Seas,” in the context of global marine conservation efforts.
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