India's New Law for International Ocean Waters
India is set to implement a new law to protect its interests in international ocean waters, following the High Seas Treaty finalized two years ago.
High Seas Treaty Overview
- Purpose: Known as the Biodiversity Beyond National Jurisdictions (BBNJ), it aims to curb pollution and excessive resource extraction, while promoting the sustainable use of marine biodiversity.
- Protected Areas: Establishes protected areas similar to national parks or wildlife reserves in high seas.
- Global Commons: High seas account for 64% of ocean areas, outside national jurisdictions, open for global use.
- Regulations: Introduces measures to regulate extractive activities like sea-bed mining.
- Equitable Benefit Sharing: Provisions for sharing benefits from marine genetic resources.
- Legal Framework: A legally binding instrument under the UN Convention on the Law of the Sea (UNCLOS).
India's Legislative Preparation
A 12-member drafting committee, led by Supreme Court Senior Advocate Sanjay Upadhyay, is tasked with drafting the law aligned with the treaty's provisions.
- Ratification Status: India has signed but not ratified the BBNJ; 55 countries have ratified it. The treaty will come into force after 60 ratifications.
- Institutional Capabilities: The treaty requires countries to conduct marine impact assessments for major projects, necessitating institutional development.
- Economic Benefits: Utilization of benefit-sharing provisions requires specialized expertise.
The committee's mandate is to draft a comprehensive law to safeguard India's oceanic interests, promote marine conservation, and prepare for benefit mechanisms while aligning with the treaty's guidelines.
