High Seas

Member states of the United Nations have reached an agreement after years of negotiations
to protect the "high seas", the sea area beyond the national Exclusive Economic Zone (EEZ) which occupies about two-thirds of the ocean.
This area is part of international waters, outside national jurisdictions, in which all states have the right to fish, sail and do research; but it plays a vital role in supporting fisheries, providing habitats for species vital to the health of the planet and reducing the impact of the climate crisis.
No government has so far taken responsibility for the protection and sustainable management of the resources of the High Seas, which makes these areas vulnerable, and some of the most important ecosystems on the planet are at risk, resulting in the loss of biodiversity and habitats.
According to estimates, between 10% and 15% of marine species are already at risk of extinction.
After nearly twenty years of negotiations and a final 38 hours of discussions, the
"Intergovernmental Conference on an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction" held at the UN in New York approved the historic High Seas Treaty. The summit had started on February 20, the negotiations stalled due to disagreements on funding, fishing rights and exploitation of biogenetic resources, that is biological material from plants and animals in the ocean that can have benefits for society, such as pharmaceuticals, industrial processes and food. Wealthier nations currently have the resources and funding to explore the depths of the ocean, but poorer nations want to ensure that any benefits that are discovered are shared fairly.
The impacts of climate change, biodiversity loss and pollution are felt all over the world, affecting our environment, and our lives.
After adopting a solid and ambitious agreement at this meeting, we need to take a bigger step forward to reduce these destructive trends and advance ocean health for generations to come.
This treaty can ensure the conservation and sustainable use of the marine biological diversity of our life-sustaining ocean space. 40 years ago the UN Convention on the Law of the Sea established the high seas, but only 1.2% of these waters is protected and ocean life living outside these protected areas has been put at risk by climate change, overfishing and shipping traffic.
The new protected areas, established in the treaty, will place limits on fishing, shipping lane routes and exploration activities such as deep-sea mining, when minerals are taken from a seabed over 200 meters deep.
Environmental groups are very concerned about the possible effects of mining, such as the disruption of sediments, noise pollution and damage to breeding grounds. The agreement explicitly aims to transform 30% of the world's international waters into protected areas (MPAs) by 2030. But the discussion on what should be the level of protection in these areas has been very bitter and remains an unresolved issue. But the new UN treaty stipulates that, whatever form of protection is agreed, there must be restrictions on fishing techniques practiced, on sea lanes and on exploration activities such as deep-sea mining, provisions for sharing of marine genetic resources, such as biological material from plants and animals in the ocean.
But developing countries were disappointed that the text did not define the specific amount of funding needed to implement the treaty. And, although the agreement represents a turning point, there is still a long way to go before it is finally approved and becomes legally mandatory. The treaty must be adopted in a subsequent session of the Intergovernmental Conference and then it will enter "in force" only after a sufficient number of countries have signed it and have it approved by their respective parliaments.


Carlotta Nonnis

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