Biodiversity Protection Beyond Borders

The coming into force of the High Seas Treaty under the UN Convention on the Law of the Sea (UNCLOS) marks a big step forward in the effort to safeguard the oceans from climate change effects, pollution, biodiversity loss and unsustainable extraction of materials. Morocco became the 60th country to ratify the treaty, bringing it into force with effect from January 2026 and paving the way for the declaration of marine protected areas beyond national jurisdictions. It will take sustained action by member countries of the UNCLOS to agree on the 30% of the oceans that are to be declared high seas sanctuaries by 2030. If achieved, this will represent a dramatic rise in protection from the existing level of 1%. Arguably, among the key provisions of the pact is the obligation placed on states and agencies undertaking non-military activity in the high seas to conduct an environmental impact assessment, make that public, and advance biodiversity protection beyond national jurisdictions. In fact, countries are mandated to assess the environmental impact of their initiatives on areas beyond national jurisdictions on pollution, including plastic pollution, deforestation and carbon emissions influencing ocean chemistry. Public consultation and recognition of the rights of indigenous people and local communities, as well as utilising their ancient knowledge to preserve genetic resources, are equally salient provisions.

The nature of UN treaties places an obligation on all countries to cooperate in the implementation of landmark agreements, of which the UNCLOS is one. India signed the High Seas Treaty a year ago and is yet to ratify it on the ground that it has to pass enabling domestic legislation. While this may be true, no time can be lost in filling the legislative gap and ratifying the covenant. It is widely recognised that India’s record on curbing plastic pollution has been uninspiring, reflected most recently in its stance at the UN Plastics Pollution Treaty talks against a cap on production on economic grounds. Equally, the national ban on single-use plastic issued in 2022 has had minimal impact, leading to thousands of tonnes of waste bags and packaging flowing out into the seas every day due to bad waste collection and management. This unedifying performance stands in contrast to the claim of achieving targets under the Paris Agreement on Climate Change. India may also be called upon to explain the impact on the oceans of prospective actions under the Rs 72,000 crore Great Nicobar Project, which, among other things, involves removal of nearly 9.6 lakh trees, takeover of tribal lands and destruction of pristine leatherback turtle reproduction sites on an ancient island. UN covenants lay much-needed emphasis on inter-generational equity and preservation of earth’s resources. India’s approach to ocean protection must be demonstrably progressive, and it must ratify the high seas treaty quickly.