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37. The high seas treaty
Our 37th episode of the podcast is dedicated to the High Seas Treaty, which was the focus of intense discussions during the Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ) a couple of weeks ago. The treaty deals with high seas, those regions of the ocean which lie outside of national boundaries and for which, up to now, there were essentially no regulations, and especially very little enforcement of what regulations there were; and this in terms of navigation, fishing, research or use of the marine resources from these regions for example. So this treaty establishes a framework for the legal mechanism to protect the ocean and marine biodiversity, including in support of the pledge to protect 30% of the ocean by 2030 which was made during the UN biodiversity conference in December 2022. To talk about this in more detail and gain a better understanding, we had two guests on the show: Andre Abreu from the Tara Ocean Foundation in France and Hugo Sarmento from the Federal University of San Carlos in Brazil. André provided a summary of the treaty’s history and background, telling us that when states approved the United Nations Convention on the Law of the Sea (UNCLOS) in 1982, there was no consideration of the issues that are today threatening biodiversity in the sea and high seas. From 2010, delegations started to think about a complementary treaty, a new instrument, to complete the UNDOS by addressing issues linked to sustainable use and conservation of biodiversity beyond areas of national jurisdiction. The Tara Ocean Foundation, as an observer for the United Nations Economic and Scientific Council, has been involved in the negotiations since 2012 and their role has been crucial in making a link between the UN delegates and the scientific community, bridging a gap between science and policy.
So what does the treaty mean for people conducting research in the high seas? Hugo was there to tell us about this. He mentioned that at the moment, there are no laws for the high seas. Now, in the treaty, resources from the high seas are considered resources for humanity so the regulations on how to manage genetic resources will change. Because of its abundant biodiversity and history of biospiracy, Brazil was well placed to provide advice, guidance and recommendation when it came to managing the genetic resources. This is where Hugo played his part, talking with the ministry of Foreign Affairs in Brazil to provide his scientific expertise on marine genetic resources.
When agreements were reached late into the night of the 4th of March 2023, it felt like a great victory after years of work! The high seas treaty was accepted, and with it, measures to protect the ocean and its resources. It has to be noted that the text will need ratification by 60 nations before it becomes binding so let’s hope this happens sooner rather than later.
The AtlantECO project has received funding from the European Union’s Horizon 2020 research and innovation programme under grant agreement No 862923. This output reflects only the author’s view and the European Union cannot be held responsible for any use that may be made of the information contained therein.