AN INTERNATIONAL agreement aimed at protecting and sustainably using international waters and the international seabed has come into effect.
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 and came into effect on 15 January.
According to the United Nations, the agreement addresses four main issues:
The agreement also seeks to address several “cross-cutting issues”, establishes a funding mechanism and sets up institutional arrangements, including a Conference of the Parties and various subsidiary bodies, a Clearing-House Mechanism and a secretariat.
UN Secretary-General António Guterres said in a world of accelerating crises the agreement "fills a critical governance gap to secure a resilient and productive ocean for all. Let us now move swiftly to universal and full implementation”.
A statement from the European Commission said the European Union and its member states were celebrating “this significant milestone in ocean conservation and sustainable use of Ocean”.
Associate Professor and academic barrister at the Australian National Centre for Ocean Resources and Security (ANCORS) at the University of Wollongong, Sarah Lothian, said the entry into force of the High Seas Treaty, marked “a pivotal turning point in the protection of our deep-ocean environment, including its ecosystems and resources”.
“The treaty is a long time in the making, being the culmination of almost 20 years of substantive and at times intense debate on its scope, parameters and feasibility,” she said.
Dr Lothian said the overriding aim of the treaty was to ensure the long-term conservation and sustainable use of biodiversity in two maritime zones, the high seas and the international deep seabed, which together account for almost 64% of the ocean by surface area and more than 70% by volume.
“In a nutshell, the High Seas Treaty sets up a procedure to establish large-scale marine protected areas in the high seas,” she said.
“This could play a critical role in achieving the Kunming-Montreal Biodiversity Pact to protect at least 30% of our marine and coastal habitats by 2030.”
Dr Lothian said the High Seas Treaty also established a regime for sharing benefits from marine genetic resources and set out “a clear set of rules for conducting environmental impact assessments”.
“It also provides a strong framework for capacity-building, technology transfer and technical assistance to assist developing states,” she said.
“The entry into force of the High Seas Treaty undoubtedly marks the beginning of a new chapter for ocean governance and in the international law of the sea.
“We must continue to strive for universal acceptance of the High Seas Treaty to ensure that all States have a say in its future direction and play a role in its ultimate success."