The United Nations Treaty on the High Seas has been a long time in the making. Secured earlier this month after nearly 20 years of effort, it will be the first international law to offer some protection to the nearly two-thirds of the ocean that are outside national control.
These parts of the ocean currently have few, if any, meaningful safeguards against pollution, overfishing and habitat destruction. The contract is undoubtedly a great success.
Under the UN Convention on the Law of the Sea, it represents several wins. Among these is the ability to create marine protected areas through decisions of the Conference of the Parties. It also recognizes that the genetic resources of the high seas must benefit all mankind. In addition, companies planning commercial activities and organizations considering other large projects (such as potential climate interventions involving the ocean) will need to conduct environmental impact assessments.
Countries will be able to profit from the use of marine genetic resources, but must direct part of their profits to a global fund for the protection of the high seas. Although details still need to be worked out, high-income countries involved in marine genetic research will be asked to contribute proportionally more to the fund.
The treaty contains many opportunities for ocean science research, for building research capacity in low- and middle-income countries, and for improving the evidence available to decision-makers. Researchers working with marine genetic resources will have to register their interests in a central clearinghouse and commit to making data and research outputs freely available.
Scientists will play an important role in ensuring the ultimate success of the treaty. In part, this will involve gathering or improving evidence to support the establishment and maintenance of strong marine protected areas and to inform rigorous environmental impact assessments.
In addition, researchers must make every effort to ensure transparency, including declaring the origin and potential use of any genetic material and making digital sequence information available through international repositories. This will not only strengthen cooperation and capacity building, but also help governments develop their own national regulations and procedures in line with the treaty.
There is also the potential for new scientific collaborations – for example, using new technologies such as telepresence, where scientists can remotely participate in research cruises. Marine scientists traveling to, say, the Pacific Ocean could collect samples under the guidance of colleagues elsewhere in real time. The insights gained from such collaborations could lead to the commercialization of new products, benefiting scientists and economies around the world.
However, it is important not to overestimate the potential of the treaty: regardless of its achievements, there are shortcomings that the international community, with the support of the research community, must now work to remedy. As the planet warms, the permanent Arctic ice cap is melting, and China is planning a shipping route through the central Arctic Ocean.
This could become a regular shipping route between Asia and Europe within ten years. In the Pacific, mining companies are probing the deep seabed for metals they say are needed for the batteries that will power the coming transition to green energy. However, these activities will not be subject to control under the treaty, as the provisions of the treaty do not override regulations established by authorities that oversee existing activities on the high seas.
These include the International Maritime Organization, which is responsible for shipping; the International Seabed Authority, which oversees deep-sea mining; and about 17 regional fisheries management organizations tasked with regulating fisheries in various parts of the ocean, including Antarctica. Military activities and existing fishing and commercial shipping are effectively excluded from the treaty.
Reference: https://www.nature.com/articles/d41586-023-00757-z
