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BBNJ Agreement: India to sign, ratify High Seas Treaty

Context: Recently, India has decided to sign and ratify the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement.

This international treaty, under the United Nations Convention on the Law of the Sea (UNCLOS), aims to protect marine biodiversity in the high seas through international cooperation.

The Ministry of Earth Sciences will spearhead the country’s implementation of the BBNJ Agreement.
The Agreement allows India to enhance its strategic presence in areas beyond the EEZ (Exclusive Economic Zone).
It would also contribute to achieving several SDGs, particularly SDG14 (Life Below Water).
The BBNJ Agreement, or the ‘High Seas Treaty’, is an international treaty under the United Nations Convention on the Law of the Sea (UNCLOS).
It sets precise mechanisms for the sustainable use of marine biological diversity through international cooperation and coordination.
Parties cannot claim or exercise sovereign rights over marine resources derived from the high seas and ensure fair and equitable sharing of benefits.
High Seas (areas beyond national jurisdiction) are the global common oceans open to all for internationally lawful purposes such as navigation, overflight, laying submarine cables and pipelines, etc.

The BBNJ Agreement will be the third implementation agreement under UNCLOS if and when it enters into force, alongside its sister implementation agreements:
The 1994 Part XI Implementation Agreement (which addresses the exploration and extraction of mineral resources in the international seabed area) and
The 1995 UN Fish Stocks Agreement (which addresses the conservation and management of straddling and highly migratory fish stocks).
The Agreement was agreed upon in March 2023 and is open for signature for two years starting September 2023.
It will be an international legally binding treaty after it enters force 120 days after the 60th ratification, acceptance, approval or accession.
As of June 2024, 91 countries have signed the BBNJ Agreement, and eight Parties have ratified it.

UNCLOS was adopted in 1982, and came into force in 1994.
It lays down a comprehensive regime of law and order in the world’s oceans and seas establishing rules governing all uses of the oceans and their resources.
It establishes the International Seabed Authority to regulate mining and related activities on the ocean floor beyond national jurisdiction.
As of today, more than 160 countries have ratified UNCLOS.