UN adopts 'High-Seas Treaty' to protect marine biodiversity

In March 2023, consensus was reached on the text of the new High Seas Treaty during a fifth round of formal discussions that saw two weeks of talks in New York and an intensive 48-hour negotiation session to finalise some of the treaty’s more contested elements.

When the agreement on the treaty’s text was announced, IMO secretary general Kitack Lim welcomed the new legally binding international instrument on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (BBNJ), or High Seas Treaty.

In a statement that pointed to IMO’s experience in building global regulations for the maritime industry along with development of more than 50 international treaties, secretary general Lim said, "This landmark achievement will no doubt reinforce efforts to protect biodiversity in line with the aims of the 2030 Agenda for Sustainable Development and the Kunming-Montreal Global Framework for Biodiversity. IMO has participated throughout the negotiations given the organisation’s mandate and expertise and will continue to participate in the implementation of the new instrument."

Agreed at the UN’s convention on biological diversity at the end of 2022, among the Kunming-Montreal Global Biodiversity Framework’s 23 targets – a framework of steps to help achieve the UN’s sustainable development goals – is a pledge by signatory countries to create protected areas for 30% of terrestrial areas, inland waterways, coastal and marine areas by 2030, with a particular focus on areas of major importance for biodiversity and ecosystem functions and services.

Work on the BBNJ agreement originated in the UN in 2004, and has covered nearly 20 years. The treaty is linked to the United Nations Convention on the Law of the Sea (UNCLOS), which was was adopted in 1982 and entered into force in 1994, establishing rules governing the use of the oceans and their resources. The treaty established the geographical region known as the high seas, which is a global commons, usable by all countries for fishing, shipping and research. To date, only 1.2% of this enormous area has had any form of environmental protection. 

When the UN General Assembly began work in earnest to develop on the BBNJ proposal, it fell under UNCLOS and covered five topics. These topics include: conservation and sustainable use of BBNJ, marine genetic resources, marine protected areas and management, environmental impact assessments and capacity-building and transfer of marine technology from most- to least-developed countries.

A statement from UN secretary general Antonio Guterres in March 2023 said the High Seas Treaty is crucial for addressing the triple planetary crisis of climate change, biodiversity loss and pollution.

“This action is a victory for multilateralism and for global efforts to counter the destructive trends facing ocean health, now and for generations to come,” the UN secretary general’s statement said.

Noting that the BBNJ decision builds on the legacy of UNCLOS, the secretary-general "commended all parties for their ambition, flexibility and perseverance, and saluted Ambassador Rena Lee of Singapore [who chaired the intergovernmental committee meeting] for her leadership and dedication," the statement said.

The International Seabed Authority (ISA) that oversees licensing for activities such as deepsea mining told the BBC that "any future activity in the deep seabed will be subject to strict environmental regulations and oversight to ensure they are carried out sustainably and responsibly".

ISA is the international organisation mandated by UNCLOS to organise and control activities in the international seabed area. “This includes adopting the necessary measures to ensure the effective protection of the marine environment and conservation of marine biodiversity, including the natural resources of the area to which the BBNJ Agreement will apply,” the ISA posted on its website.

“Pursuant to Part XI of UNCLOS and the 1994 Agreement, ISA has also developed a comprehensive regime for environmental impact assessments for activities in the area. In the exploration phase, there are substantive regulations and recommendations in place related to the assessment of possible environmental impacts.

ISA is also in the process of developing procedures and standards for environmental impact assessments as part of the draft regulations to govern the exploitation of mineral resources in the area,” the ISA said.

Representatives of conservation bodies have said the deal leaves room for improvement, citing an agreement that UN bodies regulating maritime activities including fisheries, shipping and deepsea mining would continue to oversee regulations in their respective spheres, potentially watering down the environmental impact assessments portion of the treaty.

Observing the final set of talks that led to the treaty’s agreement, the International Union for Conservation of Nature (IUCN) said, "Although more ambitious measures will be needed, this legally binding agreement marks an important step towards protecting the two-thirds of the ocean that lies beyond national jurisdiction. IUCN particularly applauds the alignment of the treaty with other international commitments including the Kunming-Montreal Global Biodiversity Framework, and the creation of a special fund to finance the rehabilitation and ecological restoration of marine biodiversity."

On Twitter, Greenpeace International called the High Seas Treaty "the biggest conservation victory ever".

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