In June 2023, the United Nations formally adopted a historic treaty designed to protect life in the high seas. The ocean, which plays a vital role in the economy and regulating the climate, is laboring under a triple crisis of climate change, biodiversity loss and pollution. Nearly 10 per cent of marine species are threatened with extinction.
Environmentalists have hailed this historic deal to protect oceans, reached at the United Nations headquarters in New York City, by over 190 countries as “the biggest conservation agreement in the history of the world.”
The legally binding “High Seas Treaty” was adopted by 193 United Nations Member States on June 19, 2023. The agreement will enter into force 120 days after 60 countries ratify, approve or accede to it.
What is UNCLOS and its function?
The High Seas Treaty offers an updated framework to 1982 UN Convention on the Law of the Sea (UNCLOS) that came into force in 1994. Also referred to as “The Law of the Sea Convention,” UNCLOS is an international convention that sets out the legal framework for the seas and the oceans by defining the rights and obligations of States Parties with respect to the maritime environment. Its main functions are to promote the peaceful use of the seas, regulate the use of marine resources and promote the conservation of living resources and the preservation of the marine environment.
The new agreement provides, for the first time, a legal basis for the conservation and sustainable use of marine biodiversity in the high seas or areas that lie out of the jurisdiction of national governments – which is basically two-thirds of the ocean. Anything that lies more than 200 nautical miles offshore of a given country falls into that pool.
This is a major step forward in protecting biodiversity in line with the aims of the 2030 Agenda for Sustainable Development and the Kunming-Montreal Global Framework for Biodiversity and for sharing the benefits that arise from the utilization of marine resources in a fair and equitable manner.
Among other things, it will allow for the creation of marine protected areas (MPAs) – safe havens for fish, plants and other vulnerable species – and the use of other “area-based management tools” to more sustainably manage ocean resources.
What the Treaty will bring – in a nutshell
The adoption of the High Seas Treaty, also known as “BBNJ” (biodiversity beyond national jurisdiction), is an historic achievement marking the successful end of more than a decade of multilateral work.
- The BBNJ Treaty sets up a procedure to establish large-scale marine protected areas in the high seas. This facilitates the achievement of the target to effectively conserve and manage 30% of land and sea by 2030, which was agreed in December 2022 within the Kunming-Montreal Global Biodiversity Framework.
- It establishes the sharing of benefits from marine genetic resources and foresees capacity building and the transfer of marine technology between the parties.
- It contains clear rules to conduct environmental impact assessments, with the right checks and balances, before running activities in the high seas.
“Bringing transformational change in the form of a new treaty on the high seas in nothing short of a global victory for all.”
Leticia Carvalho, UNEP
Which countries did not sign?
Israel, Turkey, USA, and Venezuela are the most prominent among those that have not ratified. The following 15 United Nations Member States and one United Nations Observer State have not signed or ratified UNCLOS:
- Andorra
- Eritrea
- Holy See (United Nations Observer State)
- Israel
- Kazakhstan
- Kyrgyzstan
- Peru
- San Marino
- South Sudan
- Syria
- Tajikistan
- Turkey
- Turkmenistan
- United States of America
- Uzbekistan
- Venezuela
Some of these States are landlocked and their decision not to sign or accede to the Convention may be motivated by limited practical necessity. However, certain other States decided not to sign or accede to the Convention because they disagreed with some of its provisions.
Is Monaco part of UNCLOS?
Monaco supports and has signed UNCLOS. Monaco also has strong UNCLOS expertise through the Fondation Prince Albert II de Monaco, Musée océanographique de Monaco, Centre Scientifique de Monaco, Monaco Ocean Week, Monaco Blue and the ReOcean Fund delivering independent, high-quality scientific advice on marine scientific research, biodiversity, sustainable resource management and the preservation of the marine environment.
Has the US signed UNCLOS?
Although the United States recognizes the UNCLOS as a codification of customary international law, it has not ratified it. The U.S. has not accepted UNCLOS because of opposition from Republicans in the Senate, where treaties must be approved by a two-thirds’ vote.
Has China signed UNCLOS?
China was one of the first countries that signed UNCLOS in December 1982, and ratified the Convention in 1996, giving a strong boost to its conclusion and entry-into-force.
Has Japan signed UNCLOS?
Japan signed the U.N. Convention on the Law of the Sea (UNCLOS) on 7 February 1983 and ratified it on 20 June 1996.
The tricky question now is how long will ratification take? It took 12 years for the UN Convention on the Law of the Seas to be ratified. Let’s hope it does not take that long for this treaty. The oceans cannot wait.
Leticia Carvalho, UNEP
So, what are the chances?
While the European Commission and various European countries have issued statements of support and the U.S. has committed at least $6 billion to help create a “green shipping corridor” under the auspices of the new ocean framework, the whole agreement could belly-flop in the U.S. Senate. Initial coverage in The Washington Post Climate 202 newsletter made it clear the negotiations weren’t initially top of mind for even the most climate-friendly lawmakers.
“My hope is that enough Republicans will realize that this is a historic agreement that can make a fundamental difference in terms of how we treat our oceans,” Sen. Edward J. Markey (D-Mass.) told the Climate 202. “So that would be my hope. But getting inside the internal workings of the cerebral mechanisms of Republicans is difficult.”
This process is likely to take some time. But the adoption marks a significant turning point in the effort to protect the high seas and preserve marine life.
