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What is the Treaty for the Protection of the High Seas?

World leaders gather in New York to negotiate a treaty to pr…

Written by

Valentina Lovat, Ana Vitória Tereza de Magalhães, Andreas Mittermayr - IOC-UNESCO

Publishing Date

17 August 2022

Reading time

6 min

Starting today, for a week, world leaders are meeting at the United Nations headquarters in New York to negotiate a treaty to protect the ocean, the “Treaty for the Protection of the High Seas” (UN High Seas Treaty). The occasion is the fifth session of the Intergovernmental Conference on Marine Biodiversity Beyond National Jurisdiction (BBNJ).

The High Seas is the area of sea that is beyond the national Exclusive Economic Zone (EEZ) – beyond 200 nautical miles from the coast, if the States have declared the EEZ – and occupies about two-thirds of the ocean. This area is part of international waters, therefore outside national jurisdictions, where all States have the right to fish, navigate and carry out research, for example. At the same time, the High Seas plays a vital role in supporting fishing activities, in providing habitats for species crucial to the health of the planet and in mitigating the impact of the climate crisis.

At the same time, no government is taking responsibility for the protection and sustainable management of the High Seas resources, which makes these areas vulnerable. As a result, some of the most important ecosystems on the planet are at risk, resulting in the loss of biodiversity and habitat. It is estimated that between 10% and 15% of marine species are already at risk of extinction.

One of the goals of the treaty is to reverse the trend of declining ocean health and loss of biodiversity and ecosystems for future generations and for coastal populations who depend on the sea for food and livelihoods, income and recreation.

The dialogue for the Treaty for the Protection of the High Seas will end on August 26 and represents the second moment in 2022 to find common ground for the ocean. The first opportunity was in late June in Lisbon during the United Nations Conference on the Ocean.

Why is the Treaty for the Protection of the High Seas important?

About 70% of the ocean is the High Seas, the last wilderness and not properly regulated area on the planet. The marine life that lives in these areas is at risk of exploitation, extinction and is vulnerable to the growing threats of the climate crisis, overfishing and maritime traffic.
Because the ecosystems in the High Seas are poorly documented, researchers fear that organisms could become extinct before they are discovered. This prevents them from properly studying the rates of biodiversity loss on the planet, developing increasingly accurate forecasting models and accessing new opportunities for the pharmaceutical and cosmetics industries.

To date, the management of activities at sea and the protection of marine biodiversity are regulated by the United Nations Convention on the Law of the Sea (UNCLOS), signed in 1982 and amended by 158 Member States. This Convention has limitations, especially on issues relating to the High Seas and the protection of biodiversity.

United Nations Member States, NGOs, scientists and researchers believe this is a crucial moment for the definition of a Treaty for the High Seas that will determine the future of the ocean, especially with regard to the management of its resources. During previous negotiations, the International Union for Conservation of Nature (IUCN) stated that the “traditional fragmented nature of ocean governance” has prevented effective protection of the High Seas.

The Treaty for the Protection of the High Seas has been under negotiation for years, but Member States have not yet managed to find an agreement. The aim now is to make the treaty legally binding. For this reason, at least 49 countries, including the United Kingdom and the European Union countries, have declared that they will do more to reach an agreement.

Eliann Dipp_Pexels_Trattato di Alto Mare — Eliann Dipp da Pexels

What are the highlights of the Treaty of the High Seas?

In recent decades, the advancement of technology and innovative instruments have made the High Seas increasingly accessible and, consequently, its resources increasingly easily extractable. For this reason too, it is important to support this historic regulation with a more current, holistic instrument that includes laws to protect the High Seas and the biodiversity that lies beyond the borders of national jurisdiction.

One of the most ambitious goals of the Treaty for the Protection of the High Seas is to protect 30% of the ocean by 2030 through the creation of a network of Marine Protected Areas. Currently, only 1.2% of the ocean is under total protection.

About two years ago, fifty States declared their commitment to achieving the goal of protecting 30% of the planet’s lands and seas. But without an agreement, these commitments have no legal basis in the High Seas.

Furthermore, environmental impact assessments will have to be carried out before commercial activities in the High Seas, such as deep-sea mineral and resource extraction, are authorised.

Finally, the negotiation provides an opportunity to discuss the protection of marine biodiversity and migratory species; the management of research into marine genetic resources that may have commercial or scientific value for the development of drugs, vaccines and other pharmaceutical, chemical and cosmetic applications; the sharing of common goods; and the benefits of knowledge and technology transfer.

An agreement on the Treaty on the Protection of the High Seas contributes significantly to the achievement of the targets of Sustainable Development Goal 14 of the United Nations 2030 Agenda.

Obiettivo di Sviluppo Sostenibile 14_Decennio del Mare — Credit: Matt Curnock / Ocean Image Bank

In support of the High Seas Treaty

Peter Thomson, UN Special Envoy for the Ocean, expressed hope for the success of the negotiations on CBS News:

Following the great successes achieved this year for ocean health at the United Nations Environment Assembly in Nairobi (UNNEA 5) on marine plastic pollution, the World Trade Organization Ministerial Conference in Geneva on excluding subsidies for harmful fishing practices, and the United Nations Ocean Conference (UNOC) in Lisbon, I am confident that Member States will ride the wave of positive progress in 2022 towards ocean health by concluding a treaty for the High Seas in New York this month.
Peter Thomson, United Nations Special Envoy for the Ocean

Ocean advocate Molly Powers-Tora reiterated the historic importance of these negotiations:

This week, all eyes are on the United Nations to see if we can reach consensus on an international agreement that will allow us to protect and sustainably manage our ocean for future generations.
Molly Powers-Tora, Ocean Advocate

Miguel de Serpa Sorares, who delivered an opening speech to kick off the negotiations proclaimed:

Given the dire state of the world’s oceans, the time to act is now. How better to express our resolve to act than by concluding a resilient agreement that ensures the conservation and sustainable use of biodiversity in the global ocean.
Miguel de Serpa Sorares, Under-Secretary-General for Legal Affairs and UN Legal Counsel