THE AUTHORS:<\/strong> The high seas and the deep seabed comprise nearly two-thirds of the world\u2019s ocean. Historically, the use of high seas was characterised by the principle of freedom. This principle was designed to prevent undue interference from the States that sought to establish sovereignty over the oceans. <\/span> <\/span><\/p>\n\n\n\n Following decades of negotiations and as part of COP 15 (during which the Kunming-Montreal Global Biodiversity Framework was adopted),<\/span> States have reached an agreement to protect the world\u2019s oceans\u2019 marine biological diversity of areas beyond their national jurisdictions. This agreement is the Biodiversity Beyond National Jurisdiction treaty (the \u201cBBNJ Agreement\u201d or the \u201c<\/span>High Seas Treaty<\/span><\/a>\u201d). In terms of the \u201careas beyond national jurisdiction\u201d (the high seas), the UN General Assembly had previously established, in 2004, an <\/span>ad hoc<\/span><\/i>, open-ended Informal Working Group to address the conservation and sustainable use of marine biodiversity in those areas. In 2017, it organised the first of several intergovernmental conferences to develop the text of a treaty under the <\/span>United Nations Convention on the Law of the Sea (\u201cUNCLOS\u201d)<\/span><\/a>. Eventually, the text of the High Seas Treaty, the third implementing agreement under UNCLOS, was agreed on 5 March 2023.<\/span> <\/span><\/p>\n\n\n\n This agreement marks an important milestone in the protection of marine species. According to the International Union for Conservation of Nature (\u201cIUCN\u201d) nearly 10% were found to be at risk of extinction. Although it will only enter into force 120 days after the sixtieth instrument of ratification, approval, acceptance or accession, it is expected that some States may begin to implement national legislation to pursue its objectives in advance. It is also possible for States to apply its provisions on a provisional basis. Indeed, in December 2022, States decided to pursue a target of achieving effective protection and conservation for 30% of the ocean by 2030. <\/span><\/p>\n\n\n\n The High Seas Treaty focuses upon four key areas:<\/span> <\/span><\/p>\n\n\n\n The general principles and approaches are set out in <\/span>Article 5<\/span><\/a>. They offer guidelines for States\u2019 implementation of the High Seas Treaty\u2019s objectives. These include \u201c<\/span>the polluter-pays principle<\/span><\/i>\u201d, the \u201c<\/span>principle of equity, and the fair and equitable sharing of benefits<\/span><\/i>\u201d, the precautionary principle\/approach, an ecosystem approach, an integrated approach to ocean management, and \u201c<\/span>full recognition of the special circumstances of small island developing States and of least developed countries<\/span><\/i>\u201d.<\/span> <\/span><\/p>\n\n\n\n Notwithstanding some criticism as to their lack of specificity on occasion (for example, the UN General Assembly recognised in 2006 that there was no universally agreed definition of the \u201cecosystem approach\u201d in international law, and <\/span>the UN Convention on Biological Diversity<\/span><\/a>\u2019s inclusion of \u201c<\/span>fair and equitable benefit-sharing<\/span><\/i>\u201d as one of its objectives without defining either \u201c<\/span>fair<\/span><\/i>\u201d or \u201c<\/span>equitable<\/span><\/i>\u201d was considered unsatisfactory in some quarters), these principles are generally well established in other international law instruments that refer to global environmental protection. For example, the principle of intergenerational fairness recognizes for each generation the right to use and enjoy natural resources together with a corresponding duty to conserve these resources for the future for future generations.<\/span> <\/span><\/p>\n\n\n\n The High Seas Treaty establishes several important new institutions to deal with operational aspects. These include:<\/span> <\/span><\/p>\n\n\n\n By virtue of <\/span>Article 63<\/span><\/a>, signatories to the <\/span>High Seas Treaty<\/span><\/a> are not permitted to enter any reservations or exceptions beyond those reservations expressly provided for in the treaty itself.<\/span> <\/span><\/p>\n\n\n\n States\u2019 existing rights and obligations under <\/span>UNCLOS<\/span><\/a> are expressly not affected by the High Seas Treaty\u2019s provisions (<\/span>Article 4(1)<\/span><\/a>). The High Seas Treaty also is required to be applied consistently with existing conventions that address areas beyond national jurisdiction (such as the <\/span>Ospar Convention<\/span><\/a>, which regulated international cooperation on environmental protection in the North-East Atlantic). <\/span> <\/span><\/p>\n\n\n\n There is, quite obviously, overwhelming public interest in ensuring that the <\/span>High Seas Treaty<\/span><\/a> is implemented and operated successfully. The High Seas Treaty puts a mechanism in place to deal with disputes in an effective manner. <\/span>Article 55(1)<\/span><\/a> provides for the settlement of disputes in accordance with \u201c<\/span>Part XV of [UNCLOS]<\/span><\/i><\/a>\u201d, unless another mechanism is accepted (<\/span>See<\/span><\/i>
Joseph Dyke<\/a><\/strong>, <\/span>Senior Associate at <\/span>McNair International<\/a><\/strong>
Anastasia Medvedskaya<\/a><\/strong>, <\/span>Associate at <\/span>McNair International<\/a><\/strong><\/p>\n\n\n\n
\n\n\n\nIntroduction<\/strong><\/span><\/b> <\/span><\/h2>\n\n\n\n
Main Areas of Focus<\/span><\/strong><\/b> <\/strong><\/span><\/h2>\n\n\n\n
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General Principles\/Approaches<\/strong><\/span><\/b> <\/span><\/h2>\n\n\n\n
The Practical Aspects<\/strong><\/span><\/b> <\/span><\/h2>\n\n\n\n
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Existing Rights and Obligations<\/span><\/strong><\/b> <\/strong><\/span><\/h2>\n\n\n\n
Disputes<\/span><\/strong><\/b> <\/strong><\/span><\/h2>\n\n\n\n