Recently, the United Nations began talks on a 2020 treaty on global protections for critical marine biodiversity on the high seas.

About High Seas
• The high seas are defined as the oceans that lie beyond exclusive economic zones (EEZ, usually within 370km or 200 nautical miles) of a country's coastline.
• It covers 45% of the Earth’s surface and nearly two third of the global ocean that lies outside any country’s jurisdiction. These waters cover 1.5 times the total land area of the planet and are home to some of the rarest and most charismatic species.
• All countries have the right to navigate, over flight, carry out scientific research and fish on the high seas without restrictions.

Background
• In 1982, the negotiations for UN Convention of the Law of the Sea (UNCLOS), which regulated sea-bed mining and cable-laying to some extent, had left out high seas as it was considered protected because of its inaccessibility. Since then, shipping routes have expanded considerably, and technological advancements have made possible seabed mining and deep-water fishing in high seas also.
• There are also some other international groupings including the International Whaling Commission (IWC) and International Seabed Authority (ISA) that look after specific aspects of the seas, but there is no overarching treaty that would protect biodiversity or limit the exploitation at high seas.                            

• Thus, though a variety of mechanisms exist to oversee such activities, huge gaps remain in conservation and management of the high seas, demanding for a holistic and binding global treaty.

Threats faced by the high seas
• Major source of mineral resource that is set to be exploited in years to come: The high seas may be a major source of mineral resources in years to come. In 2017, a team of British scientists exploring an underwater mountain in the Atlantic Ocean discovered high concentrations of a rare and valuable substance used to build solar panels. Unsustainable exploitation, along with deep sea drilling for oil and gas, might create future challenges for high seas.
• Deep sea hydrothermal vents are home to a range of extremely rare and exotic species: Private companies are targeting these species majorly for manufacturing of new pharmaceuticals. Nearly 84% of patents related to marine species are filed by just 30 institutions of mainly developed countries over the past 30 years. Thus, resulting in an inequitable distribution of resources among nations.
• Exploitation of Fisheries: There is a huge scale of fishing taking place mainly by the ten rich countries including USA, Japan, Korea and Spain that corner around 70% of the total fish catch in the high seas.
• Near absence of rule of law and poor monitoring and enforcement mechanism: Authorities have limited powers to intercept vessels suspected of illegal activities which hamper international cooperation to counter illegal fishing, smuggling of weapons and drugs, human trafficking, piracy and the use of vessels in terrorist operations.
• Rise in environmental degradation: Weak governance system is also responsible for unchecked environmental degradation from plastic pollution, emerging high seas industries such as energy production, oil spills, etc.
• Impacts of marine debris: On one hand, it results in biodiversity loss as it causes the death by drowning, suffocation and starvation of around 10 lakh seabirds and around 1 Lakh marine mammals (Seals, Whales and Dolphins) every year, on the other hand, it causes hazard to shipping.
• Impact of Global warming and Climate Change: Rising sea temperature reduces the ocean’s capacity to carry oxygen and increasing levels of carbon dioxide cause ocean acidification and unprecedented changes in chemical and physical conditions affecting marine organisms and ecosystems.

Potential impacts of the new treaty
It is likely to regulate issues at the high seas through following broad components:
• Setting up of Marine Protected Areas in international waters: Many countries have already established this in their own jurisdictions. A strong global ocean treaty would create a network of ocean sanctuaries to protect wildlife, ensure food security for billions of people and help in tackling climate change.
• Carrying out Environmental Impact Assessments: to guard against potential harm from activities on the high seas.
• Equitable distribution of marine resources: Allowing poorer countries to benefit from any discoveries developed from marine genetic resources.

Challenges
• Some Governments are reluctant to support the treaty: The US rejected the UNCLOS treaty in 1994 and is reticent about the present proposals as it is opposed to all regulations of marine genetic resources. Similarly, some whale-hunting countries such as Japan, Iceland and Norway are cautious about the idea because they fear it will restrict their fishing operations.
• Avoiding overlapping from existing organizations: to protect the high seas without undermining existing organizations such as the International Whaling Commission or International Seabed Authority.

Way Forward
• Subsidies provided by developed nations to their trawlers which promote unsustainable practices at high seas by them must be immediately capped and eliminated within five years. Countries should be fully transparent about all of their fishing subsidies.
• This is a historic opportunity to protect the biodiversity and functions of the high seas through legally binding commitments. Political will and joint efforts by governments, businesses and civil society is crucial for the treaty to succeed.