The Ocean needs a High Seas Treaty
Silas Baisch from Unsplash
The Ocean needs a High Seas Treaty
The High Seas are two-thirds of the world’s Ocean. Despite being home to a myriad of biodiversity, (such as the Pacific Blue Tuna, White Shark or Leatherback Sea Turtle), and numerous species still unknown to science, there is still no comprehensive framework on how to govern human activity on the High Seas.
History of High Seas Governance
In 1982, the United Nations Convention on the Law of the Sea (UNCLOS) marked the beginning of global agreement for the Ocean. The High Seas, also known as the Areas Beyond National Jurisdiction (ABNJ), is the water column of the Ocean areas outside a coastal country’s Exclusive Economic Zone, generally 200-miles offshore. That is to say, no one country has the sole responsibility of these areas, so governance ought to be collective and collaborative across the globe.
While UNCLOS requires nations ‘to protect and preserve the marine environment,’ there are significant legal and governance gaps that consequently, have not effectively deterred overfishing and other human induced threats.
Fortunately, there has been recognition of the need to better protect marine biological diversity on the High Seas for decades. The development of a new international and legally-binding treaty under UNCLOS is long overdue, but has yet to reach formal adoption.
High Seas Treaty Talks Continue
The fifth round of United Nations High Seas negotiations (IGC-5) ended in New York on August 26, without reaching consensus on the treaty.
Though IGC-5 was intended to be the last scheduled session, delegations will have to meet again this year to fulfill the deadline of adopting the treaty by the end of 2022 (set by UN General Assembly resolution 72/249).
Commenting on the 2022 target, the High Seas Alliance, a coalition of organizations, of which Earth Law Center is a part of, pushed for momentum and collaboration between States to continue, stating “this is essential if the world is to achieve the goal of protecting 30% of the ocean by 2030 - something which cannot be achieved without the Treaty.”
Why the urgency?
The failure to adopt a treaty to protect marine life on the High Seas comes at a critical time. Speaking at the UN Ocean Conference in Lisbon in June, UN Secretary-General António Guterres declared “we have taken the ocean for granted and today we face what I would call an ocean emergency.”
Ocean health continues to decline. This is a defining moment and historical opportunity to restore a relationship of care and stewardship of the Ocean.
Rights and Interests of Marine Life
Though State interests and disagreements halted the negotiation process, one brightspot is the recommendation submitted by the International Union for the Conservation of Nature (IUCN) for the treaty to include:
“Stressing the need to respect the balance of rights, obligations and interests set out in the Convention, as well as the rights and interests of future generations and marine life to a healthy, productive and resilient ocean” (Preamable Paragraph 2).
Where negotiations ended, this text was not yet included in the treaty, but we look forward to continuing advocacy for the Ocean’s rights and interests to be recognized. This would be the first global treaty to do so!
Acknowledging the Ocean as a rightsholder and interest would help ensure the Ocean’s needs and well-being are considered in decisions that affect the health of marine ecosystems and biodiversity. In practice, this could strengthen implementation of States’ obligations to protect and conserve the High Seas by recognizing that human activity must be governed by and respect the Ocean’s intrinsic value and ecological limits.
Additionally, this would promote and align with many Indigenous peoples worldviews, and provide an avenue for increased participation of Indigenous Peoples as those who may represent the Ocean’s interests and needs in decision making under the new agreement.
Indigenous and local communities have been widely excluded and underrepresented in the treaty process, despite supportive nations calling for their direct inclusion and consultation. Just as many Indigenous and coastal peoples have been teaching for millennia, we are in a deeply connected relationship with the Ocean. The Ocean is our source of life and a living sacred entity. For centuries this kinship understanding has guided activities, balancing between the needs of people and the capacity of Ocean. Amplifying diverse understandings of relating to the Ocean, can not only help replace our focus on exploiting the High Seas, but help guide our use and value of the Ocean.
Ocean Stewardship
We also commend and support Article 5 to remain in the treaty that calls for the stewardship of the High Seas, “protecting, caring for and ensuring responsible use of the marine environment, maintaining the integrity of ocean ecosystems and preserving the inherent value of biodiversity” (Article 5 k.).
The stewardship principle strengthens States’ responsibility to maintain healthy and thriving Ocean ecosystems on behalf of present and future generations of all life. This means helping States’ adhere to the best available scientific evidence and include the Ocean’s needs in decision making.
Rather than fulfilling States’ short-term interests, active stewardship requires prioritizing the long-term well-being of the Ocean. In fact, in 2022, the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) produced an assessment report on the valuation of Nature, highlighting that, ‘a broader diversity of nature’s values’ should be incorporated into decision making. It additionally finds that the causes of and solutions for our global environmental challenges are tightly linked to the ways in which we value our environments (p.4).
We urge adoption of a treaty this year that recognizes the inherent value, rights and interests of the High Seas and States’ responsibility to conserve. This will signify a turning point from “business as usual” towards living in harmony with Mother Earth. The Ocean needs us to adopt a global vision and treaty that embodies stewardship, care and respect for Ocean health.
Join ELC in our efforts to encourage governance respect the Ocean’s Rights and interests!
Find Updates on the High Seas Alliance Treaty Tracker