What is the UN High Seas Treaty and why is it needed?

The United Nations has adopted a landmark treaty focused on safeguarding international waters. Covering more than 60% of the world's oceans, these areas beyond national jurisdiction face multiple threats, including biodiversity loss, pollution, and overfishing.

The treaty applies beyond the economic zones of countries and includes the seabed. Empowers the Conference of the Parties (COP) to address the authority of regional and global organizations, such as regional fisheries bodies and the International Seabed Authority.

The treaty allows for the creation of marine protected areas in the open sea, with monitoring methods to be determined by the COP. It also addresses the sharing of benefits from resources harvested on the high seas and requires environmental impact assessments and publication updates.

The treaty marks a significant step towards the conservation and sustainable management of international waters.

What is the High Seas Treaty?

The United Nations High Seas Treaty, also known as the Treaty for the Conservation and Sustainable Use of Marine Biodiversity in Areas Beyond National Jurisdiction, is an international agreement intended to address the conservation and management of marine resources in high seas. It is the first treaty of its kind to specifically focus on the protection and sustainable use of biodiversity in areas beyond national jurisdiction.

The treaty seeks to address various threats to the high seas, such as biodiversity loss, overfishing, habitat destruction, pollution, and the impacts of climate change. It establishes a framework for the creation of marine protected areas, the exchange of marine genetic resources, the conduct of environmental impact assessments and the development of capacity building and technology transfer initiatives.

Marine protected areas

Under this agreement, the Conference of the Parties (COP) will play a crucial role in navigating the authority of various regional and global organizations. In particular, it will address the participation of regional fisheries organizations and the International Seabed Authority, which regulates deep-sea mining permits. Recent discussions within the International Seabed Authority have raised concerns about allowing mining companies to operate beyond current tests.

The treaty also paves the way for the creation of marine protected areas (MPAs) in the open sea. While most decisions regarding MPAs will be made by consensus within the COP, a three-quarters majority can vote in favor of establishing an MPA to avoid deadlock caused by a single country. However, the text does not specify the mechanisms for monitoring and enforcement of these conservation measures, leaving the COP to address this crucial task. Some experts propose the use of satellites to identify violations.

The treaty allows countries and entities under its jurisdiction to collect animal, plant or microbial matter on the high seas for possible commercial use. Sharing the benefits derived from these resources has been a contentious issue, particularly between the richest and poorest nations.

The treaty establishes frameworks to transfer marine research technologies to developing countries, strengthen their research capacities, and ensure open access to data. The COP will determine the details of the distribution of benefits, considering options such as specific commercialized products or more generalized payment systems.

Mitigate environmental damage

In an effort to mitigate environmental damage, the treaty obliges signatories to assess the potential impacts of planned offshore activities. It also requires countries to assess the effects of activities within their national jurisdictions that may cause substantial pollution or damage to the marine environment.

Ultimately, states retain responsibility for approving potentially harmful activities, although some non-governmental organizations hoped that such decisions would fall within the purview of the COP to improve scrutiny and restrict controversial approvals. States must also provide regular updates on the environmental impacts of approved activities, and any unintended consequences may lead to reconsideration of approvals.

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