Hope for the oceans

The oceans are the global public good par excellence, and the foundations for their governance and conservation are finally being laid. This is through the Treaty on Biodiversity in Areas Beyond National Jurisdiction (BBNJ), or the High Seas Treaty. It was adopted by the UN in June 2023 and brought to the threshold of ratification at the Nice Ocean Summit, which concluded last week and was hosted by the French government. It was a diplomatic success for Emmanuel Macron. More than 60 heads of state (not from Mexico) and around 190 ministers participated, revealing a growing political and diplomatic commitment. Never before have so many heads of state gathered to discuss ocean conservation. More than 50 countries have already ratified the Treaty (not Mexico), although 60 are required for its entry into force. Nearly 65% ​​of the planet's seas are located outside national jurisdictions, such as territorial seas and Exclusive Economic Zones. They are Public Goods without adequate institutions or regulation; they belong to everyone and no one. The Tragedy of the Commons looms over them. They are overexploited and polluted, and are severely impacted by global warming: rising water temperatures and acidification. Marine species and ecosystems are devastated by huge industrial fishing fleets, usually subsidized by developed nations. Developing coastal countries dump millions of tons of plastic waste and polluted waters into river mouths. And deep-sea mining is imminent, destroying the seabed, its ecosystems, and species. But the High Seas Treaty offers hope. At the Nice Summit, which concluded this past Saturday, a decisive boost was given to the BBNJ, or the High Seas Treaty. It achieved significant political impact similar to the COPs (Climate Change Summits held in November). It was ratified by 18 new countries, so it is likely to enter into force in September 2025.

The High Seas Treaty establishes the first legal framework for the creation of Marine Protected Areas in international waters or beyond the jurisdiction of States. In Nice, the goal of protecting at least 30% of the oceans by 2030 was reiterated; and new Marine Protected Areas were promised, notably by France, Greece, Samoa, and Colombia. (Mexico, it seems, made no promises regarding the increasingly urgent need to declare a large Biosphere Reserve in the Sea of ​​Cortez—the Aquarium of the World—which is under critical pressure.) In Nice, 37 countries (including France, Brazil, Canada, and Spain) pledged to prevent deep-sea mining until clear international regulations are in place. As always, (insufficient) financial commitments for poor countries were announced (a mere $10 billion). Very importantly, initiatives were agreed upon to curb bottom trawling, which represents one of the most devastating productive practices in existence; however, no consensus was reached to ban it. New platforms for marine science and technology were launched, as well as for scientific cooperation, the use of artificial intelligence, and research drones. Likewise, negotiations for the Global Treaty on Plastic Pollution were advanced, the next round of which will be held in Geneva this August. Progress was also made on criteria for the equitable sharing of benefits derived from the genetic resources of marine organisms. Very relevant: it will create procedures for Environmental Impact Assessments for activities such as deep-sea mining, and hopefully, for industrial fishing as well. It is worth noting the complexity of negotiations for the regulation of oceans beyond national jurisdictions, which constitutes an enormous challenge for international diplomacy. On the one hand, consensus among nearly 200 governments is required to accept a single regulatory code for those who use and exploit marine resources on the High Seas. On the other hand, it is necessary to align the interests of small island states, countries with large industrial fishing fleets, and civil conservation organizations; this takes a long time and enormous efforts. Additionally, institutional governance entities and mechanisms, which currently lack them, must be designed and built with sufficient political solvency, legitimacy, and scientific and technical capabilities, and their funding must be secured. (The sabotage or indifference of the current United States administration does not help.) Of course, the High Seas Treaty must also have as a counterpart the commitment (absent in Mexico) to strengthen national marine conservation policies, in terms of budgets, personnel, equipment, institutions, regulatory systems, and the creation and management of large Marine Protected Areas. There is the example, in Mexico, of the creation, in 2017, of the vast Revillagigedo National Marine Park, covering 15 million hectares and with a total fishing ban.