The High Seas Treaty – an ocean of opportunities for the marine world? | Experts’ Opinions

ByCatalina Russu

The High Seas Treaty – an ocean of opportunities for the marine world? | Experts’ Opinions

After years of debates and negotiations, in early March 2023, the United Nations member countries reached a historic agreement on protecting our planet’s oceans. The High Seas Treaty aims to place 30% of the seas into protected areas by 2030 to safeguard and recuperate marine nature. It also represents the first international law that provides protection to the nearly two-thirds of the ocean that is beyond any nation’s control. Learn more about the importance of this treaty in the following article.

Key Takeaways:

  • Two-thirds of the world’s oceans are currently considered international waters, outside the jurisdiction of any state.
  • Until now only about 1% of these waters – known as “high seas” – have been protected.
  • Climate change, overfishing, deep sea mining and pollution are the biggest threats to ocean sustainability.
  • Until this treaty comes into force, every country has the right to access open seas, resulting in large-scale drilling operations, or catching marine animals for commercial purposes.
  • Marine experts state that the High Seas Treaty is a significant achievement that instills hope and inspiration for the future of oceans and the planet.

DevelopmentAid: What are the strong points of the High Seas Treaty and also the drawbacks? Will the agreement reach its goals? Discuss your views.

Alix Willemez, climate change expert
Alix Willemez, climate change expert

“The Treaty represents a significant step towards the conservation of the ocean. It is an international legally binding instrument that aims to protect the high seas, which have traditionally been considered the “wild west” of international ocean governance. Two-thirds of the world’s oceans lie beyond national jurisdiction and, until now, there has been no clear legal framework for protecting these areas. After 20 years of negotiations between 200 countries, the commitment to protect 30% of the high seas by 2030 establishes a clear and ambitious goal that will require countries to take concrete action. The treaty also establishes a mechanism for creating marine protected areas (MPAs) in areas beyond national jurisdiction, which is crucial to address the growing threats to ocean health, such as overfishing, pollution, and climate change. Additionally, it recognizes the importance of the participation of indigenous peoples and local communities in the management of marine areas as well as the sharing of marine genetic resources. Despite these positive steps, there are some concerns. The lack of clear enforcement mechanisms means the treaty relies on voluntary compliance from participating countries. There is also uncertainty about how the costs of creating and maintaining MPAs will be shared among participating countries. Additionally, the treaty only applies to areas beyond national jurisdiction, leaving significant gaps in protection for marine areas within national waters. Furthermore, disagreements among participating countries about which areas should be designated as protected could slow down the process of creating MPAs. Will this treaty reach its goals? The success of the treaty relies on several critical factors. The most crucial factor is the level of political will among countries to take action towards ocean conservation. This requires them to be committed to protecting and conserving the high seas and willing to work collaboratively. However, implementing the treaty’s measures will take time as countries need to adopt national legislation to comply with the treaty’s requirements. Civil society can assist by working with governments to identify candidate sites for the first MPAs. Additionally, the effectiveness of the treaty’s implementation and enforcement mechanisms is vital. Creating and maintaining MPAs will require significant resources, and countries must be willing to invest time and money. Mechanisms must also be in place to ensure that resources are allocated fairly and efficiently. While the establishment of a voting procedure to prevent one nation from blocking a decision supported by the majority of countries is a positive step, there is concern that the term “protected” in MPAs could be subject to interpretation, leading to “paper parks.” The creation of a Conference of Parties (COP) could help hold countries accountable for their actions related to the treaty. The treaty has the potential to achieve its goals, but it requires continued political will, resources, and effective implementation and enforcement mechanisms.”

Stuart Green, CEO, Blue-Green Advisors Ltd
Stuart Green, CEO, Blue-Green Advisors Ltd

“The recent High Seas Treaty is a significant achievement that instills hope and inspiration for the future of our oceans and our planet. The treaty aims to protect 30% of the high seas by 2030, presenting a powerful framework for safeguarding ecosystem services and preserving the genetic resources of the high seas. Notably, it establishes a legal framework for the creation of marine protected areas, which will ensure that these areas are effective in conserving marine biodiversity. Moreover, the treaty also provides a platform for international cooperation and collaboration in managing resources beyond national jurisdiction, a key factor in addressing the complex challenges that arise in these areas. Although there may be challenges ahead, such as ensuring the effectiveness of protected areas and the difficulty of managing vast oceanic areas, the High Seas Treaty represents a significant step forward in global efforts to promote the sustainable management of high seas resources and protect marine biodiversity. Therefore, the adoption, rapid implementation, and effective enforcement of this treaty are crucial to safeguard high seas biodiversity. Will this treaty reach its goals? This is a historic moment that demands sustained political will, global cooperation, and innovative solutions to overcome the challenges ahead. We should celebrate the achievement and the concerted efforts of all sectors, including the Small Island Developing States, and distinguished UN Intergovernmental Conference on Biodiversity Beyond National Jurisdiction President, Ambassador Rena Lee of Singapore. However, it is imperative to recognize that the work is far from complete. It is crucial that we take decisive actions towards a sustainable future for all, prioritizing the most straightforward objectives before tackling the more intricate challenges, such as high seas fleets, seabed mining, and the ownership of biodiversity in the high seas. By working collectively, we can have a profound impact on protecting the high seas and achieving the 30×30 target.”

Dyhia Belhabib, Co-Director at Nautical Crimes Investigations
Dyhia Belhabib, Co-Director at Nautical Crimes Investigations

“The High Seas Treaty is a landmark agreement that seeks to protect 30% of the world’s oceans by 2030, by creating protected areas and safeguarding marine life. One of the strongest points of this treaty is that it recognizes the need to address the urgent issues of overfishing, habitat destruction, and pollution that threaten marine ecosystems worldwide. It also aims to establish a framework for international cooperation to address these challenges and promote the sustainable use of ocean resources. In addition to these strong points, the High Seas Treaty also includes provisions for sharing the benefits of ocean conservation and management with developing countries, particularly those in the Global South. This recognizes that these countries often bear a disproportionate burden of the negative impacts of ocean exploitation, and have a right to share in the benefits of conservation efforts. However, there are also some potential drawbacks to this treaty. One concern is that some countries may not be willing to comply with the treaty’s provisions, especially if they perceive it as a threat to their economic interests. Additionally, the treaty’s success may depend on effective enforcement mechanisms and monitoring programs, which could be challenging to implement given the vastness of the oceans and the limited resources available to manage them. Whether or not this treaty will reach its goals depends on several factors, including political will, financial resources, and the commitment of all the stakeholders involved. Nevertheless, the High Seas Treaty represents a significant step forward in the global effort to protect the world’s oceans, and it has the potential to make a meaningful difference in preserving marine ecosystems for future generations while ensuring benefits sharing with developing countries.”

Sheilla Baldeon Aragón, fisheries and aquaculture management expert
Sheilla Baldeon Aragón, fisheries and aquaculture management expert

“I believe that the strong point of this treaty is the increase from 1% to 30% of the Marine Protected Areas (MPAs) in the ocean, especially in the high seas beyond national jurisdiction and control to ensure the conservation and sustainable use of marine resources. As we know, climate change, overfishing, deep-sea mining and pollution are the biggest threats to ocean sustainability. In that sense, this treaty could be a hope for the recovery of the ocean and support mitigation measures to face climate change which is increasing the ocean temperature affecting millions of marine species. Another point from the treaty that must be highlighted is the “capacity development for developing countries component including marine technology from developed countries” which is key for the fast implementation of the agreement and for supporting the recovery of the largest carbon sink in the planet. Finally, it took almost three decades for the U.N. Convention on the Law of the Sea to reach a new treaty that aimed to be powerful enough to safeguard and recover ocean marine life. The most important part of an international agreement is the implementation, we just need to wait and see what happens.”

Jay Patel, Marine Biology expert
Jay Patel, Marine Biology expert

“The United Nations treaty is a great opportunity to give nature a chance of survival and prosperity, all over the world. Participating nations will safeguard the ocean territories for their natural recovery. However, monitoring real progress is going to be a key challenging factor. A guideline on whether a particular ecosystem has recuperated its marine organisms is very much lacking in this journey. Moreover, some member states might have other issues to look at. How is the treaty going to keep these members motivated for the cause? The treaty has the potential of big success and is an ambitious one too. Let’s take one example of plastic pollution. Plastic is unevenly distributed on and under the land, and the most pristine-looking beaches hold microplastics nowadays too. Hence, this treaty is going to help to tackle such issues of concern issues for the betterment of our future generations, but collaboration and persistence are key.”

Diana Carolina Montaño Junco, Political Scientist
Diana Carolina Montaño Junco, Political Scientist

“The truth is that it is a tool based on constructive ambiguity and it is better than nothing. The treaty will be useful to protect the ocean, as just 3% of it is being officially safeguarded today. The blue common heritage of mankind needs more comprehensive management, and the treaty will be a big tool to accomplish this goal concerning: (I) Marine protected areas (II) Genetic marine resources (III) Evaluations of environmental impact (IV) Capacity building and transfer of marine technology. I think that the treaty has more value than drawbacks because the current situation lacks government capability. Additionally, for the future of the ocean, the main question is how to design cooperation strategies to speed up negotiations. It will be positive if agreements like this don’t take almost two decades to be constructed, but are achieved in a much shorter time.”

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