To understand what the BBNJ really is, it is important to first grasp the concept of the high seas...
The high seas refer to parts of the ocean that are beyond national jurisdictions, meaning outside of the Exclusive Economic Zones (EEZ) of countries. In other words, the high seas cover international waters, which are not under the sovereignty of any country. It represents about 60% of the planet's oceans.
In the high seas, the only existing legislation is that of the flag state laws. This is the theory of 'res nullius' that essentially governs this area. This means that no one has the right to appropriate what could just as easily belong to another. However, reality is never that simple, and several issues arise in the high seas, such as piracy and the search for underwater resources. The exploration and exploitation of the deep seabed, however, are governed by a space rental system that must be carried out with the ISA (International Seabed Authority). The growing pressure on oceans due to human activity, pollution, overexploitation of resources, climate change, and the decline in biodiversity.
Legal right in high seas ?
BBNJ (Marine Biodiversity of Areas Beyond National Jurisdiction) signed by 106 states on September 20, 2023, in New York. This treaty focuses on the protection of the ocean outside the Exclusive Economic Zones and the continental shelf of coastal states.
What are the objectives outlined in the draft agreement?
Marine Biodiversity Conservation: Protect marine ecosystems and species from threats related to human activities (such as illegal fishing, pollution, or climate change).
Sustainable Use of Marine Resources: Ensure that the exploitation of marine resources, such as fishing and mining, does not jeopardize biodiversity.
Strengthening International Governance: Establish mechanisms for effective international management and cooperation in the governance of the high seas and the seabed.
What provisions are included in the draft agreement?
Protection Mechanisms: Establish marine protected areas and other tools for conservation in areas beyond national jurisdictions.
Environmental Impact Assessment: Introduce impact assessment procedures for projects that may affect marine biodiversity.
Benefit Sharing: Promote the fair sharing of benefits derived from the exploitation of marine resources, especially for developing countries.
Strengthening International Cooperation: Facilitate collaboration between states and international organizations to better manage and protect the biodiversity of the high seas.
However, it is important to note that this treaty does not address aspects already regulated by existing institutions but aims to establish close cooperation and coordination through MPAs (Marine Protected Areas) and impact studies: the mineral resources of the seabed (different from marine genetic resources managed by the ISA, whose competence directly derives from the UNCLOS) and the management of fisheries (regulated by RFMOs).
But it is necessary for 60 of the 180 parties to ratify the agreement for the BBNJ to come into force. This binding international legal instrument would be a real step forward in terms of biodiversity preservation and the fight against illegal fishing in the high seas.
Here are the names of the countries that have ratified the BBNJ, the date of the treaty's signature and the date of the treaty's ratification : (Source : @Unitednationstreatycollections)
Bangladesh | 20 Sep 2023 | 26 Sep 2024 |
Barbados | 26 Sep 2024 | 26 Sep 2024 |
Chile | 20 Sep 2023 | 20 Feb 2024 |
Cuba | 20 Sep 2023 | 28 Jun 2024 |
France | 20 Sep 2023 | 5 Feb 2025 |
Maldives | 3 Sep 2024 | 24 Sep 2024 |
Mauritius | 20 Sep 2023 | 30 May 2024 |
Micronesia (Federated States of) | 20 Sep 2023 | 3 Jun 2024 |
Monaco | 20 Sep 2023 | 9 May 2024 |
Palau | 20 Sep 2023 | 22 Jan 2024 |
Panama | 20 Sep 2023 | 23 Oct 2024 |
Seychelles | 20 Sep 2023 | 13 Apr 2024 |
Singapore | 20 Sep 2023 | 24 Sep 2024 |
Spain | 20 Sep 2023 | 4 Feb 2025 |
St. Lucia | 20 Sep 2023 | 26 Nov 2024 |
Timor-Leste | 20 Sep 2023 | 26 Sep 2024 |
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