A Victory for Multilateralism and for the High Seas

The high seas cover almost half of our planet. It is our greatest global commons and makes Earth habitable by providing oxygen and food, regulating our climate, and absorbing heat and carbon to buffer the impacts of climate change.

But, despite their critical importance for the survival of humans and thousands of species, high seas ecosystems are not effectively protected by International Law, leaving them open to exploitation and multiple threats. The status quo has led us to a global ocean and climate crisis, and to a situation in which only 1.2% of the high seas is protected, since there was a lack of clear regulations to establish marine protected areas (MPAs) beyond the national jurisdictions.

BBNJ Agreement or the Altamar Treaty

In March 2023, a unique opportunity presented itself to change this situation. Representatives of the countries met at the United Nations headquarters in New York (United States) to agree on a new historic treaty on the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction, known as the BBNJ Agreement or the Altamar Treaty.

It has been almost 20 years of discussions and more than 5 years since the United Nations General Assembly approved a resolution for the formal negotiation of a legally binding instrument, the third implementation agreement of the United Nations Convention on the Law of the Sea (UNCLOS), to protect the biodiversity of the high seas. After 5 intense Intergovernmental Negotiation Conferences and an exercise in proactive multilateralism, the countries agreed on the text of the new Treaty on March 4th, 2023.

Subsequently, said instrument was reviewed by a technical editing group, being formally adopted by the States on June 19th, 2023. Ratification of the Treaty by 60 countries is required for its entry into force. This new Agreement is a concrete opportunity to unite as a global community and balance our relationship with nature. It is the first international treaty specifically on the ocean that has been negotiated for more than 40 years, and the first that has as its objective the conservation of marine life in the global heritage.

A milestone in humanity’s efforts

The BBNJ Accord represents a milestone in humanity’s efforts to move us back from the brink of climate and extinction catastrophe. It is also essential to meet the global goal of protecting 30% of the land and ocean by 2030, as agreed at the Conference on Biodiversity or COP15, held in Montreal (Canada) in December 2022. The new High Seas Treaty represents an essential tool to achieve the “30×30”, by enabling the establishment of marine protected areas in areas beyond national jurisdiction.

Latin America demonstrated its leadership during the Treaty negotiations, but it can go even further. At this critical moment, it is vital that Latin American States raise their ambitions and encourage others to promptly ratify the Treaty, and once the BBNJ Agreement enters into force, be able to start implementing the cornerstones of marine protection that the treaty provides, among them; that is, a robust legal process for the establishment, effective management, and enforcement of MPAs on the high seas; as well as consistent, rigorous and globally responsible environmental impact assessments (EIAs) for offshore activities.

Likewise, this Treaty offers the opportunity to build an equitable global future and to be able to level the playing field for the Global South, since currently only a few States have the technology and the necessary resources to access these distant oceanic areas and the exchange of Information, knowledge and capacity development opportunities is of vital importance for developing States in the implementation of the BBNJ Treaty.

This new Agreement will form part of the architecture of the Law of the Sea, where the international community must work collectively to protect the high seas. One of the crucial objectives is to support the work of existing organizations, through the different cooperation, consultation and coordination mechanisms proposed by the Treaty, as well as to provide an interregional and intersectoral perspective.

Science has convincingly shown us that protecting marine ecosystems and biodiversity represents a key natural climate solution. A thriving high sea is needed for the ocean to continue to benefit humanity and millions of species with its diverse ecosystem services.

The prompt ratification of the High Seas Treaty, and its consequent implementation, must be the guideline for our governments to demonstrate their genuine commitment to climate action and to a healthy ocean that supports global well-being.