INDIA'S MARITIME RESPONSIBILITY: THE CASE FOR RATIFICATION OF THE HIGH SEAS TREATY

In the month of July, the union cabinet headed by the Hon'ble Prime Minister of India in-principle approved the signing of the Biodiversity Beyond the National Jurisdiction (BBNJ) agreement, which marked a historical step to further strengthen India's aim for better sustainable development of seas and oceans and to enhance the blue economy prospects of the country.

- V ABHINAV DEEP DORA L ASHISH KUMAR

HIGH SEAS TREATY

Biodiversity Beyond National Jurisdiction (BBNJ) agreement is also known as the High seas Treaty and formally called as the Agreement on Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction. Generally, under United Nations Convention of Law of seas (UNCLOS) 1982 the sea can be divided into territorial sea, contiguous zone, continental self, Exclusive economic zone (EEZ) and High seas. Except High Seas, all other zones of the seas either completely or partially fall under the jurisdiction of the costal state which extends up to 200 Nautical miles. The High Seas are the areas outside the jurisdiction of the costal state which is beyond 200 nautical miles and treated as the property of common mankind.

The treaty extends only to the international waters or high seas which is beyond the national jurisdiction of the states, almost constitutes the two third or 64% of the total sea cover. They are shared by all, and everyone has equal rights to use them for overflight, commerce, scientific research, and the installation of infrastructure such as underwater cables.

However, since these are universally owned, the high seas are likewise universally owed. Ocean acidification, overuse of resources, loss of biodiversity, pollution (particularly plastic waste), and numerous other issues plague many of these regions as a result. In order to address these issues, the world countries negotiated for 20 years and finalised the High Seas Treaty.