(Commonwealth)_ Apia Commonwealth Ocean Declaration, signed during the Commonwealth Heads of Government Meeting in Samoa, marked a major step towards global leadership for ocean preservation. The declaration is an intensifying agreement among Commonwealth nations that the world’s oceans are in trouble and there is an urgent and collective need for action. Most significant among the marine ecosystem protection and restoration processes is the ratification and entry into force of the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, commonly known as the High Seas Treaty.
The BBNJ Agreement is the target of global action to manage marine biodiversity on the high seas that stretch across nearly two-thirds of the Earth’s ocean surface. The agreement provides a legal basis for the creation of marine protected areas and the assessment of the environmental impacts of human activities in the vast areas. The agreement also welcomes the importance of shared benefits that accrue from marine genetic resources, particularly with developing nations.
Action has also been taken to advance the treaty. The 3rd United Nations Ocean Conference accelerated the ratifications of the BBNJ Agreement to 50, with the treaties reaching almost 60 ratifications required for the treaty to be effective. Further work remains to be done to translate the agreement from a forward-looking roadmap to productive action.
One of the general obligations of the BBNJ Agreement is the fair and equitable sharing of benefits in respect of marine genetic resources. To put this provision into force, the convention proposes the creation of a special fund. This fund will be supported by potential fees, such as royalties, fees, or a share of profit, from persons commercially utilizing marine genetic materials. We can then use these funds to support conservation work, scientific research, and capacity-building initiatives, especially in the Third World.
Despite this important step, the treaty currently lacks guidance on how to design or establish these charges. Aftermath. The global community’s second task is to create a fair, clear, practical, and enforceable agreement. This charging system has to walk a thin line between fueling innovation and sustainable development and raising sufficient funds for ocean protection.
Also, use of such sharing regimes for gains should not have the unintended consequence of building walls around developing nations. Some states, particularly Small Island Developing States (SIDS) and Least Developed Countries (LDCs), lack the capacity to conduct sophisticated scientific and legal processes. More fiscal or bureaucratic burdens need to be employed to bring about changes in such a way that it does not suck out states whose technical and human potential is already depleted.
The drivers of the incentives of equitable and just distribution of financial profit also need to be interrogated as a question. Skills-based distribution in proposal writing would favor more developed countries with greater administration capacity at the expense of the majority in need. Similarly, quantification by GDP per capita or population would be prejudicing SIDS, where the majority are middle-income but small-island states exposed extensively to sea hazards.
The solution would be to use vulnerability indicators in evaluating grant eligibility to ensure that those most negatively impacted by ocean deterioration get the assistance they are entitled to. This would include universally acceptable measures and self-evident criteria to ensure that it is fair, however.
Simplicity and transparency in disbursement channels of funds are required. The channel should not entail expensive administrative effort by low-capacity states. Instead, it should be aimed at facilitating the provision of benefits smoothly and equitably to wherever they are likely to be utilized best in the service of conservation and development goals.
The Commonwealth Secretariat is also making an effort to support its member states. With ongoing research and targeted technical assistance, it is helping the states ratify, implement, and enact the BBNJ Agreement. The support is being offered so that High Seas Treaty commitments are not only made in theory but realized in practice, the secret of a healthy, sustainable ocean for all.
