After two decades of talks, United Nations’ member countries have agreed a treaty to protect the high seas that will ensure the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction.
Calling the agreement a “breakthrough”, UN Secretary-General António Guterres said the action agreed at the body’s headquarters in New York was “a victory for multilateralism and for global efforts to counter the destructive trends facing ocean health, now and for generations to come”.
The agreement reached by delegates of the Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ) is the culmination of UN-facilitated talks that began in 2004.
Referred to as the “High Seas Treaty”, the legal framework will place 30% of the world’s oceans into marine protected areas (MPA), put more money into marine conservation, and covers access to and use of marine genetic resources.
“It is also vital for achieving ocean-related goals and targets of the 2030 Agenda for Sustainable Development, and the Kunming-Montreal Global Biodiversity Framework,” said Guterres, referring to the so-called “30x30” pledge to protect a third of the world’s biodiversity – on land and sea – by 2030, which was made by a UN conference in Montreal in December.
Noting that the BBNJ decision builds on the legacy of the UN Convention on the Law of the Sea (UNCLOS), the Secretary-General commended all parties for their ambition, flexibility and perseverance, and saluted Ambassador Rena Lee, of Singapore, for her leadership and dedication.
For the first time, the treaty will also require assessing the impact of economic activities on high seas biodiversity. Developing countries will be supported in their participation in and implementation of the new treaty by a strong capacity-building and marine technology transfer component, funded from a variety of public and private sources and by an equitable mechanism for sharing the potential benefits of marine genetic resources.
Additionally, the new agreement will also establish a conference of the parties (COP) that will meet periodically and enable member states to be held to account on issues such as governance and biodiversity.
The High Ambition Coalition – which includes the EU, US, UK and China – were key players in brokering the deal.
EU Commissioner for the Environment, Ocean and Fisheries Virginijus Sinkevičius described the agreement as a “historic moment for the ocean”.
He said, “With the agreement on the UN High Seas Treaty, we take a crucial step forward to preserve the marine life and biodiversity that are essential for us and the generations to come,” she said. “It is also a proof of strengthened multilateral cooperation with our partners and a major asset to implement our COP 15 goal for 30% ocean protection. I am very proud of our outcome.”
With the negotiations over, the agreement will enter into force once 60 states have ratified it.
According to the European Commission, the EU will work to ensure this happens rapidly and to help developing countries prepare for its implementation. To this end, Brussels has pledged €40 million as part of a Global Ocean Programme and has invited members of the High Ambition Coalition to do the same within their capabilities.
The formal adoption of the treaty will take place once legal scrubbing in UN languages is complete.
Two-thirds of the world’s oceans are currently considered international waters (or high seas), which means all countries have a right to fish, ship and do research there. But until now only about 1% of these waters have been protected, which has left the marine life in these areas at risk of exploitation from a variety of threats including overfishing.
