Why protecting the High Seas is more complex than you think?

Why protecting the High Seas is more complex than you think?

As country leaders gathered in New York for the United Nations General Assembly, one of the key topics on my mind was the progress of the High Seas Treaty focusing on biodiversity beyond national jurisdiction, or BBNJ, which, as an ocean advocate focused on creating Marine Protected Areas, is one of particular interest to me.

This year at the #UNGA79 (and a year after the treaty was opened for signature), modest but meaningful successes were achieved, with 5 new countries ratifying the treaty (totaling 13 globally), and 104 countries signaling their intent to ratify by signing the treaty (10 of which did so during the UNGA week).

Why do I say modest but meaningful? And why is it so complex?

The BBNJ treaty is historic in that, after 10 years of negotiations, we have, for the first time, a treaty with overarching consideration on biodiversity concerns covering over 60% of the Earth's surface and about 95% of its living space.

Since biodiversity interacts with so many other existing treaties on fisheries, shipping, deep-sea mining, underwater cabling, research, and more, there are many levels of complexities involved. Each country will need to consider how BBNJ interacts with its national laws and customs, international commitments, home industries, and research interests.

Imagine if a deep-sea mining operation, or an unregulated fishing vessel operating within a Marine Protected Area (MPA) in the high seas, causes damage to marine biodiversity—who would be responsible for enforcing the regulations? Would it be the country where the company is headquartered, the flag state of the ship, or a new international body? These are the kinds of questions states are working though at the moment.

So, when it comes to the treaty, some states have decided to ratify sooner and figure out the legal ramifications later. In other cases, countries will decide to look at it and understand the implications before signing and ratifying, and of course, some countries may not find BBNJ a priority.

So, 5 new ratifications and 104 signaling their intent to ratify is progress worth celebrating. Congratulations to the Maldives,?Singapore,?Bangladesh, Barbados,?and?Timor-Leste for your leadership in protecting and supporting the sustainability of our ocean and the biodiversity within that provides for us all.

Let's now watch out for more action during the Biodiversity COP in Colombia in a few weeks!

Worthwhile to note - in the context- that the Arctic cooperation has resulted in several legally binding Agreements including use of the precautionary principle (Hossain 2023; Tanaka and Romera 2020) as highlighted by the Central Arctic Ocean Fisheries Agreement (US. Dept. State 2021; Canada Govt. 2018) whereby Canada, PR China, Denmark, EU, Iceland, Japan, Norway, Korea (ROK), the Russian Federation , and the US cooperate to prevent unregulated fishing, facilitate scientific research, and monitor the central Arctic Ocean. It is the first multilateral agreement of its kind to take a legally binding, precautionary approach to protect an area before an activity has started. Hence it is perplexing to note that Norway has decided to proceed with offshore seabed exploitation of minerals in the Large Marine Ecosystem areas between Svalbard and Iceland despite concerns by experts (Norway Govt. 2024; N?mdal et al. 2023; WWF Norway 2024).

Ajay Kumar Gupta

Healthcare Innovator @ HSR.health | Health System Board Chair

5 个月

Thank you, Dona Bertarelli, for raising awareness of the important of the High Seas Treaty before the United Nations General Assembly and the uncertainties it provides to nations considering ratification. For our part, as a health risk analytics firm, we continue to provide all interested parties with data on plastic contamination of our oceans, projections on where the contamination will spread due to tides, etc., as well as the health and ecosystem impacts that will accrue. Continued improved visibility into the state of our #oceans and bodies of water will can only encourage more nations to ratify the #HighSeasTreaty as well as all nations to address its legal and operational uncertainties. #HighSeasTreaty #ocean #oceanconservation #plastic #plastics #plasticpollution Dona Bertarelli Philanthropy HSR.health #sustainability #environment

ANDREA CARRANO

President & CEO

5 个月

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Mathieu Kayser

Venture Partner for Blue Forward Fund? @ Seventure Partners / Maire Adjoint à l'environnement @Ville de Biarritz

5 个月

I am actually working on a MPA Project in the Bask Country (France and Spain). Would you be interested in knowing more ?

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