Historical Oceans Treaty Agreed By UN Member States

The ocean. It’s an expansive, vast plain of water stretching toward the horizon and also very deep. It may not seem like much besides being a gigantic body of seawater, but it thrives with life.

Let me explain. The ocean holds millions of marine species, like octopuses, fish, amphibians, coral, plants, and tens of thousands more to be discovered by humankind. It’s long been a quest of environmentalists and politicians alike to combat threats to the survival of these species. According to the World Wildlife Fund (WWF), a third of all sharks and rays are at risk of extinction because of overfishing. Meanwhile, the organization also reports that almost every marine species group has encountered a form of plastic pollution, commonly getting entangled or swallowing it. After accidentally consuming plastic products, like bags or bottles, marine animals could get fatally sick or suffocate, severely damaging species’ populations and well-being. And addition to all this, human-caused climate change is warming the Earth’s oceans, threatening delicate marine species like coral.

The problem is that maritime law, the law that governs the oceans, is currently a messy patchwork of global and local agreements and, unfortunately, full of issues. It supposedly governs navigation and commerce like shipping or offences occurring in the open water, though unspecified details often lead to disputes between countries. This disorganized system makes it hard for organizations pushing for change to do anything, and over time, the curse of pollution and overfishing has only worsened.

But it is good to know that on March 4, 2023, not long ago, nearly 200 UN member states agreed to the Treaty of the High Seas, otherwise known as the High Seas Treaty, that would hopefully protect our planet’s marine biodiversity. It seems like something great and beneficial for our Earth, but it took countries nearly 20 years to pass. So let’s dive into the ‘depths’ of the High Seas Treaty and why it took that long.

The treaty, if successful, would create a new global governing body that would enforce regulations specifically laid out to reach a goal of protecting 30% of our oceans by the year 2030. The agreement also provides countries with new legal tools to manage (and establish) protected areas in international waters.

What is biodiversity, you may ask? It measures species and ecosystem diversity, though the High Seas Treaty only covers marine biodiversity. It may not seem that important. But healthy, bio-diverse ecosystems are crucial in ensuring a comfortable habitat for all animals on Earth. Ecosystems, both above land and underwater, are made up of food webs. These webs start with plant life that transforms sunlight into energy. Then there are animals, primary consumers, who eat these plants. Finally, the predators (other animals, like lions) eat the primary consumers. And when predators die, bacteria and microorganisms decompose their remains, ‘recycling’ fats back into the soil, where new plants may grow. We are at the top of food webs and can eat plants and meat. If even one animal were to decrease in population or go extinct, the entire ecosystem could collapse, with the predators having no food to eat, breaking the cycle.

So it should be a great thing to pass this treaty. Then why did it take nearly two decades for countries to agree to this treaty? Like countless other agreements, it has much to do with how and where the treaty would get enforced. The question of where is easy, as it gets included in the name: “High seas.” It represents all saltwater masses outside the countries’ jurisdiction, which means outside the territorial waters, contiguous zones, and Exclusive Economic Zones of states. And that’s when things start to get messy.

Imagine, if you will, a country bordered by the ocean. The state’s territorial sea specifically means the water within a stated distance of that coast, which is approximately twelve nautical miles (about 22 kilometres). It is followed by the contiguous zone, stretching up to 24 nautical miles (roughly 44 kilometres) from the baseline, where a country has limited control to punish (or prevent) infringement of its customs, fiscal, or immigration laws. And finally, there is the Exclusive Economic Zone (EEZ), international waters in which a state has rights regarding the exploration and use of marine resources, like oil reserves. It starts from the edge of the territorial sea out to 200 nautical miles (roughly 370 kilometres) from the state’s coast. EEZs were established to resolve fishing disputes and have since been a helpful addition to maritime law.

However, the EEZ and the rights a country gets with it have made passing the High Seas Treaty quite burdensome. Many countries question their ability to legally fish and mine marine resources after the treaty passes, the ‘how’ of the agreement. How will the rules be enforced, and to what extent? There have always been disputes over who owns what part of the sea, as sometimes the EEZs of multiple countries overlap. These disputes historically got resolved in a fifty-fifty manner. But considering a growing rush for minerals to produce essential technical components, like electric car batteries, smartphones chips, etc., it is no surprise these disputes could turn ugly. Another agreement would only complicate already tense situations.

However, despite these differences, countries have finally come together to help protect the unique marine species of our planet, even if it was two decades overdue. That’s the end of this production from the New News Newsminute. Thank you for reading, and tune in next time for more news updates and analysis.