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Nations Agree on Language for Historic Treaty to Protect Ocean Life

The United Nations agreement is a significant step toward protecting biodiversity under growing threat from climate change, overfishing and seabed mining

March 4, 2023

• https://www.nytimes.com/2023/03/04/climate/united-nations-treaty-oceans-biodiversity.html

• https://news.un.org/en/story/2023/03/1134157

After two decades of planning and talks that culminated in a grueling race over the past few days in New York, a significant majority of nations agreed on language for a historic United Nations treaty that would protect ocean biodiversity.

As marine life faces threats from climate change, overfishing, the possibility of seabed mining and other dangers, the treaty would make it possible to create marine-protected areas and enact other conservation measures on the “high seas,” the immense expanse of ocean covering almost half the world.

“Today the world came together to protect the ocean for the benefit of our children and grandchildren,” said Monica Medina, an assistant secretary of state. “We leave here with the ability to create protected areas in the high seas and achieve the ambitious goal of conserving 30 percent of the ocean by 2030.”

Nations Agree on Language for Historic Treaty to Protect Ocean Life

GreenPolicy360: This is historic and a foundation of legal agreement to build on... The text of the High Seas agreement comes after decades of geopolitical negotiating over ocean resources, rights and responsibilities of nations to the protection of oceans and ocean life, and now moves on to the realities of legal enforcement of promises/pledges that have now been memorialized

Nations agree on ‘world-changing’ deal to protect ocean life

More than 190 countries have reached a landmark deal for protecting the biodiversity of the world’s oceans, agreeing for the first time on a common framework for establishing new protected areas in international waters.

• https://www.washingtonpost.com/climate-environment/2023/03/05/un-ocean-treaty-high-seas/

Via the Associated Press

Nichola Clark: “a once-in-a-generation opportunity to protect the oceans — a major win for biodiversity.”

• https://apnews.com/article/un-oceans-biodiversity-treaty-0b024fa07e8c1947236d8b8491ebf92c

The treaty will create a new body to manage conservation of ocean life and establish marine protected areas in the high seas. Clark said that’s critical to achieve the U.N. Biodiversity Conference’s recent pledge to protect 30% of the planet’s waters, as well as its land, for conservation.

Treaty negotiations initially were anticipated to conclude Friday (March 3), but stretched through the night and deep into Saturday. The crafting of the treaty, which at times looked in jeopardy, represents “a historic and overwhelming success for international marine protection,” said Steffi Lemke, Germany’s environment minister.

(Note from GreenPolicy360: Lemke is a member of the German Green Party and one of the co-founders of the Green Party in the GDR in 1989... see more about the Greens, Bündnis 90/Die Grünen who hold a number of top positions in the current German government -- https://en.wikipedia.org/wiki/Alliance_90/The_Greens)

“For the first time, we are getting a binding agreement for the high seas, which until now have hardly been protected,” Lemke said. “Comprehensive protection of endangered species and habitats is now finally possible on more than 40% of the Earth’s surface.”

The question now is how well the ambitious treaty will be implemented.

Formal adoption also remains outstanding, with numerous conservationists and environmental groups vowing to watch closely.

The high seas have long suffered exploitation due to commercial fishing and mining, as well as pollution from chemicals and plastics. The new agreement is about “acknowledging that the ocean is not a limitless resource, and it requires global cooperation to use the ocean sustainably...”

• https://www.theguardian.com/environment/2023/mar/05/high-seas-treaty-agreement-to-protect-international-waters-finally-reached-at-un

• https://www.bbc.com/news/science-environment-64839763

Via ICUN.org

International Union for Conservation of Nature

We congratulate the President of the Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction, the secretariat of the UN, and all the state delegates for their efforts.

“The High Seas Treaty opens the path for humankind to finally provide protection to marine life across vast swathes of the ocean. Its adoption will close a significant gap in international law and offer a framework for governments to work together to protect global ocean heath, climate resilience, and the socioeconomic wellbeing and food security of billions of people. We stand ready to support its implementation,” says IUCN Director General, Dr Bruno Oberle.

Although more ambitious measures will be needed, this legally-binding agreement marks an important step towards protecting the two-thirds of the ocean that lies beyond national jurisdiction.

IUCN particularly applauds the alignment of the Treaty with other international commitments including the Kunming-Montreal Global Biodiversity Framework, and the creation of a special fund to finance the rehabilitation and ecological restoration of marine biodiversity.

IUCN and its Members have been advocating for such an agreement for two decades and have been providing scientific and legal advice to negotiators since the start of the formal negotiations (in 2018), in particular on provisions concerning area-based management tools, especially marine protected areas. Commitments must now be implemented in ways that help address climate change and the many threats to marine ecosystems, and guarantee the critical benefits marine ecosystems provide to people.

IUCN is calling for adoption and ratification to be fast-tracked, to bring the High Seas Treaty into force. The Union is offering its continued support to Parties and stakeholders to lay the foundation for a rapid, effective, and equitable implementation.

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GreenPolicy360: Environmental Law Takes Precedent-Setting Legal Step after Decades of Negotiations

Future generations will look back this High Seas Treaty and ask why it took so long

We ask it's time 'to get to work' with enforcement, there is no time for delay

The agreement comes 41 years after Ambassador Tommy Koh served as President of the Third UN Conference on the Law of the Sea (known as resolution 2340 (XXII) of 18 December 1967), which led to the United Nations Convention on the Laws of the Sea and now another Singapore Ambassador, Rena Lee, has presided over successful negotiations on the UN high seas treaty.

Here are links to the legal documents: Intergovernmental conference on an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction

Fifth session

New York, 20 February – 3 March 2023

Further refreshed draft text of an agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction

• https://documents-dds-ny.un.org/doc/UNDOC/LTD/N23/057/74/PDF/N2305774.pdf?OpenElement

• https://documents-dds-ny.un.org/doc/UNDOC/GEN/N22/467/94/PDF/N2246794.pdf?OpenElement

UN Secretary General António Guterres said on the landmark treaty:

"Our ocean has been under pressure for decades. We can no longer ignore the ocean emergency. In adopting a robust and ambitious agreement at this meeting, you can take an important step forward in countering these destructive trends and advancing ocean health for generations to come. This treaty can ensure the conservation and sustainable use of marine biological diversity of over two-thirds of our life-sustaining ocean space."

UN Ambassador for the Oceans and Law of the Sea Issues Rena Lee said:

"Yesterday I mentioned the way forward, we have finish the text of the agreement. We will run through the text for technical edits. The text will then be translated into all six language versions and time to be specified. We will then formally adopt the text in all six official languages of the United Nations."

• https://www.jurist.org/news/2023/03/un-high-seas-treaty-agreed-to-by-member-states-to-protect-vast-swathes-of-planets-oceans/

• https://www.reuters.com/business/environment/nations-secure-un-global-high-seas-biodiversity-pact-2023-03-05/

• https://www.pewtrusts.org/en/about/news-room/press-releases-and-statements/2023/03/05/pew-welcomes-completion-of-high-seas-treaty

• https://www.cnn.com/2023/03/04/world/un-oceans-treaty-biodiversity-climate-intl/index.html

• https://www.straitstimes.com/world/united-states/what-are-the-high-seas-a-look-at-the-historic-un-ocean-treaty-and-why-it-matters

• https://www.nature.org/en-us/newsroom/new-high-seas-treaty/

• https://phys.org/news/2023-03-states-historic-high-seas.html

Via the High Seas Alliance

There are five main elements to the High Seas Treaty:

'Marine Protected Areas (MPAs)

High seas ecosystems, critical to the continuation of life in the ocean, are conserved by the establishment of fully protected, well-managed networks of marine protected areas.

Environmental Impact Assessments (EIAs)

Any proposed activity on the high seas that may negatively affect marine life is prematurely evaluated by scientists and relevant stakeholders.

Access & Benefit Sharing of Marine Genetic Resources

Developing nations have access to, and are able to benefit from, biological genetic materials discovered on the high seas.

Capacity-Building & Marine Technology Transfer

Developing nations have the capacity, technology, and educational/research opportunities necessary to participate in deep sea science.

Cross-cutting Issues

These are issues that affect a number of elements and are integrated throughout the new agreement.

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