Uniting the High Seas under International Law

Abstract:

This article discusses the high seas treaty which has been elected by UN member states to conserve the marine environment of the high seas. This agreement seeks to protect the seas which are beyond national borders, in other words, no one is responsible for their maintenance or held accountable for their destruction. The high seas treaty proposes a new mindset when discussing ocean conservation, as one nation alone lacks the access to improve the health of the ocean, but states working together will provide the real power to enact positive change. The high seas treaty provides unity and cooperation from states to make a substantial impact on marine health, which is significant for environmentalists, conservationists, and anyone who lives on the planet.

Introduction:

The high seas treaty has received an emotional reaction around the world due to the impact this treaty will have for conservation efforts.[1] The treaty, under the United Nations Convention on the Law of the Sea (UNCLOS), links to the conservation and sustainability of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ). Although UNCLOS regulates the use of ocean resources, the high seas are not under the jurisdiction of any one state, meaning that the responsibility for conservation efforts falls on no state. The high seas treaty seeks to rectify this by regulating the marine biodiversity in the high seas, unifying the goal of conserving the ocean and marine ecosystems.[2] Environmental law can lack the ambition to create real change, but incorporating scientific backing can ensure beneficial regulations that deal with the source of the problem.[3] The treaty will allow scientists to study the marine environment, thus putting that knowledge to good use for future conservation efforts and supporting the globe in making vast improvements for future legislation, which highlights the unique stepping stone this treaty avails.[4] Ensuring that the marine environment outside national borders is protected under legislation will ensure that the areas are regulated, which is extremely important as pollution and unregulated fishing are causing severe damage to fragile marine environments.[5] The treaty is a cause of celebration and definitely means we are moving in the right direction for international law, however, the urgency of the climate crisis requires forward thinking and ambitious policies.

Climate Crisis:

The climate crisis requires multilateral action from all states to ensure it can be tackled urgently, as it is one of the greatest threats facing today and future generations. The high seas treaty will play a vital role in conserving the marine environment from the effects of climate change as the ocean is an essential resource for mitigating climate change and maintaining marine biodiversity. The target set by states at the UN biodiversity conference to have a third of the sea under protection by 2030 appears achievable with the high seas treaty in place.[6] The ocean is our biggest carbon sink which means it keeps carbon out of the atmosphere, thus directly reducing the climate crisis. The marine environment such as sea grass, is estimated to store carbon more efficiently compared to forests, for example, ten hectares of forest would be equivalent to that of 1 hectare of sea grass storage.[7] Therefore, the high seas treaty has the potential to enhance the oceans carbon sink ability through conservation and preservation work. Creating Marine Protected Areas (MPA) in the high seas will ensure that damaging activity is limited and protect marine species. The notion ‘out of sight, out of mind’ was thrown around a lot in relation to this treaty, as this was the mindset for a long time in regard to the high seas.[8] This treaty reflects a new mindset when discussing the ocean and that the way we treat the ocean has incredible ties to the health of the world.[9] The fact that international law is starting to reflect the views of the world and scientific proof that the health of the ocean is something that detrimentally effects people’s lives, generates hope that we are heading in the right direction for the future of environmental law.

Fairly and Equitably:

Environmental justice has been defined as ensuring all people and communities have access to environmental protection.[10] Climate and environmental law has neglected minority groups and economically disadvantaged communities by leaving them without a voice and leaving areas unregulated in terms of environmental protection. It is essential that progressing forward we include everyone in future legislation to ensure that environmental justice is achieved. The advantage made to the high seas treaty is that discoveries made through research will be shared ‘fairly and equitably’, which allows states who would otherwise not be able to carry out studies and research of the high seas to still benefit through the unity of the treaty. This ensures states are not left behind in the progress of marine conservation and the prosperity this can bring for the world. In terms of environmental justice, fair unity between member states is essential for the treaty’s success. Less economically developed states, such as small island developing states, who contribute little to the climate crisis but are affected the most by its disastrous effects highlight the injustice surrounding issues of climate change. The importance of fair unity in environmental legislation is essential to ensure communities are not depleted of social necessities while also protecting the environment from damaging activities. Communities living in small island developing states depend on the environment for livelihoods, thus the high seas treaty tackles climate change while also ensuring social needs are protected. Richer nations are also taking on more of the monetary obligations with the treaty by pledging more and ensuring that the treaty is just and fair in its delivery.[11] It will be interesting to see how research and resources will be shared between states and what measures will be used to ensure it is fair.

Critique:

The treaty will allow for areas of beyond national jurisdiction to become MPA’s which can limit, regulate, and restrict damaging activity like shipping routes, fishing, and deep-sea mining.[12] The treaty is in the early stages, but the issue of regulation may be an ongoing issue for abuse of the sea’s resources. Species such as sharks and whales are under pressure due to overfishing, pollution, and even drug use. A fitting example of this is the documentary called ‘Sea of Shadows’[13] which explores the illegal activity and near extinction of the Vaquita whale through bycatch for the totoaba fish, which is referred to as the ‘cocaine of the sea.’ Failing or lack of regulation and policing of illegal activity means that the Vaquita is one of the rarest marine species due to its fast extinction rate with less than a dozen thought to be living in the wild.[14] The documentary takes a look at this heart-breaking issue and highlights the urgent issue of how regulations can be monitored in areas beyond national jurisdictions if regulation is already an issue in national waters. The high seas treaty is a big step forward for marine biodiversity, but the International Union for Conservation of Nature (IUCN) highlighted that nearly 10% of marine species are at risk of extinction.[15] The treaty does not tackle the issues of over-fishing which is already occurring under other agreements and causing marine species to be pushed to near extinction. Therefore, the treaty has enabled the high seas to become protected under law, which has already pushed boundaries for conservation efforts by going beyond national jurisdiction. However, it is activity occurring in national jurisdictions and regulated areas that can negatively impact the health of the high seas and reverse any conservation efforts. Farming waste, nurdles, and further pollution can wash from land to rivers and end up in the sea, which means the high seas treaty is capped on its possible achievements when there are so many contributory factors against marine health.[16] Another consideration is that the treaty requires states to conduct Environmental Impact Assessments (EIA) which in part is good, but states conducting their own EIA may lead to bias, which impacts whether the EIA is valid in its outcomes.

Conclusion:

Once sixty countries have signed up to the treaty and passed the legislation in their own countries will the treaty then come into force.[17] This is just the beginning for legislative action in favour of conservation efforts in the high seas, and this is a landmark treaty that will initiate future conservation work and scientific collaboration.[18] The unity of states in relation to the treaty is something to highlight, especially at a time where the world seems divided, thus the importance of this treaty is even more significant.[19] The strength and prosperity that will come from this treaty by unifying future goals for conservation efforts could be the start of further ambitious legislation. The shared scientific research and climate initiatives that could come from this treaty brings hope for the future, as it will play a key role in battling climate change and preventing species extinction. The multilateral agreement could ensure that the issue of regulation is overstated as states cooperation could ensure illegal or unregulated activity decrease due to unifying efforts for conservation. There is a lot of work still to be done and gaps missing from the treaty that need to be addressed, however, this treaty is a cause to celebrate. The high seas treaty is a great start for conservation efforts and hopefully a starting point for future legislation and action that will build a more sustainable world.

References: [1] BBC News, ‘Why the historic High Seas Treaty got an emotional reaction’ (7th March 2023) <Why the historic High Seas Treaty got an emotional reaction - BBC News> Accessed 15th March 2023 [2] Ocean Care, ‘UNCLOS BBNJ-High Seas Treaty’ <UNCLOS BBNJ – High Seas Treaty (oceancare.org)> Accessed 11th March 2023 [3]Nature, ‘UN high seas treaty is a landmark – but science needs to fill the gaps’ (15th March 2023) 615, 373-374 <UN high seas treaty is a landmark – but science needs to fill the gaps (nature.com)> Accessed 15th March 2023 [4] Nature, ‘UN high seas treaty is a landmark – but science needs to fill the gaps’ (15th March 2023) 615, 373-374 <UN high seas treaty is a landmark – but science needs to fill the gaps (nature.com)> Accessed 15th March 2023 [5] Nature, ‘UN high seas treaty is a landmark – but science needs to fill the gaps’ (15th March 2023) 615, 373-374 <UN high seas treaty is a landmark – but science needs to fill the gaps (nature.com)> Accessed 15th March 2023 [6]Karen McVeigh, ‘High seas treaty: historic deal to protect international waters finally reached at UN’ The Guardian (5th March 2023) <High seas treaty: historic deal to protect international waters finally reached at UN | Environment | The Guardian> Accessed 16th March 2023 [7] Marianne Holmer, ‘Underwater Meadows of Seagrass Could Be the Ideal Carbon Sinks’ Smithsonain Magazine (November 1, 2018) <Underwater Meadows of Seagrass Could Be the Ideal Carbon Sinks | Science| Smithsonian Magazine> Accessed 16th March 2023 [8] Karen McVeigh, ‘High seas treaty: historic deal to protect international waters finally reached at UN’ The Guardian (5th March 2023) <High seas treaty: historic deal to protect international waters finally reached at UN | Environment | The Guardian> Accessed 16th March 2023 [9] Patrick Greenfield, ‘First Cop15, now the high seas treaty: there is hope for the planet’s future’ The Guardian (9th March 2023) <First Cop15, now the high seas treaty: there is hope for the planet’s future | Cop15 | The Guardian> Accessed 16th March 2023 [10] United States Environmental Protection Agency ‘Environmental Justice’ (January 10th 2023) <Environmental Justice | US EPA> Accessed 15th March 2023 [11]Esme Stallard, ‘What is the UN High Seas Treaty and why is it needed?’ BBC News (9th March 2023) <What is the UN High Seas Treaty and why is it needed? - BBC News> Accessed 11th March 2023 [12]Esme Stallard, ‘What is the UN High Seas Treaty and why is it needed?’ BBC News (9th March 2023) <What is the UN High Seas Treaty and why is it needed? - BBC News> Accessed 11th March 2023 [13] Sea of Shadows, National Geographic [14] Linda Pressly, 'Cocaine of the sea' threatens critically endangered vaquita, BBC (13 May 2021) <'Cocaine of the sea' threatens critically endangered vaquita - BBC News> Accessed 16th March 2023 [15] Esme Stallard, ‘What is the UN High Seas Treaty and why is it needed?’ BBC News (9th March 2023) <What is the UN High Seas Treaty and why is it needed? - BBC News> Accessed 11th March 2023 [16] Nature, ‘UN high seas treaty is a landmark – but science needs to fill the gaps’ (15th March 2023) 615, 373-374 <UN high seas treaty is a landmark – but science needs to fill the gaps (nature.com)> Accessed 15th March 2023 [17] Ocean Care, ‘UNCLOS BBNJ-High Seas Treaty’ <UNCLOS BBNJ – High Seas Treaty (oceancare.org)> Accessed 11th March 2023 [18] Patrick Greenfield, ‘First Cop15, now the high seas treaty: there is hope for the planet’s future’ The Guardian (9th March 2023) <First Cop15, now the high seas treaty: there is hope for the planet’s future | Cop15 | The Guardian> Accessed 16th March 2023 [19] Karen McVeigh, ‘High seas treaty: historic deal to protect international waters finally reached at UN’ The Guardian (5th March 2023) <High seas treaty: historic deal to protect international waters finally reached at UN | Environment | The Guardian> Accessed 16th March 2023