Ocean Diversity Pact

Deliberations on a groundbreaking deal to protect marine biodiversity on the high seas are being held in New York by a delegation from India and other UN members.

2018 saw the start of a number of conferences aimed at developing international regulations under the 1982 UN Convention on the Law of the Sea (UNCLOS) regarding the preservation and sustainable use of marine biological diversity in certain regions.

What are High Seas?

• The high seas are those areas of the ocean that are not a part of a state's territorial sea, internal waters, or exclusive economic zones.
• All nations, whether coastal or landlocked, have access to the high seas. The conditions outlined by this Convention and other international laws must be met in order to exercise freedom of the high seas.
• Nearly 45% of the surface of the Earth is covered by the high seas.

How are the High Seas Regulated Currently?

• Seabed mining and cable laying are two examples of operations in international waters that are governed by the United Nations Convention on the Law of the Sea (UNCLOS).
• It establishes guidelines for using the ocean and its resources, but it makes no mention of how states should protect and sustainably utilize biodiversity found on the high seas.
• Oceanic biodiversity and delicate ecosystems are not covered by any comprehensive treaties.

Why do we need the Ocean Diversity Pact?

• The agreement is deciding whether or not companies who conduct biological resource exploration on the high seas have exclusive rights to any discoveries or extractions made in these areas, or whether they should share their profits in terms of intellectual property and royalties with an UN-recognized body.
• Historically, gas hydrates, precious metals, and other fossil fuel resources have been the main targets of mining in the ocean. Nevertheless, thanks to developments in biotechnology and genetic engineering, a number of businesses see potential in unusual bacteria and other creatures, some of which are still unidentified.
• The open ocean is rife with human rights breaches since there is little oversight and enforcement.
• There are no universal guidelines for conducting environmental impact assessments or a single global process for creating Marine Protected Areas (MPAs) outside of States' territorial oceans.
• India's "Blue Economy" initiative, a nearly 4,000-crore program spread over five years, was approved by the Union Cabinet. The primary emphasis will be on studies on the sustainable exploitation of deep sea bio-resources.
• In ocean regions outside of national maritime zones, the treaty aims to address the conservation and sustainable use of marine species.
• In addition, it will cover issues relating to benefit-sharing, methods for area-based management, environmental impact analyses, and the transfer of marine technology.

United Nations Convention on the Law of the Sea (UNCLOS)

• The United Nations Convention for the Law of the Sea is referred to as UNCLOS.
• The agreement is also known as the Law of the Sea Treaty or the Law of the Sea Convention.
• UNCLOS was established and went into operation on November 16th, 1982.
• India joined the UNCLOS in 1982 and became a signatory.
• It replaced the four Geneva Conventions of April 1958, which dealt with the high seas, the continental shelf, fishing, and the preservation of living resources on the high seas, respectively.

As per UNCLOS, the sea is divided into 4 parts:

• Territorial waters
• Contiguous Zone
• Exclusive Economic Zone (EEZ)
• Continental Shelf
• It designates a limit for the territorial sea at a distance of 12 nautical miles (about 22 km) from the baseline and a limit for the exclusive economic zone (EEZ) at a distance of 200 nautical miles.
• A sovereign state's exclusive economic zone is a portion of the ocean where it is granted special privileges for the research and utilization of marine resources, including the generation of wind and water power.

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