Envisioning the High Seas Treaty through Indian Lens

Publication Details

Publication Date

10/08/2026

Volume / Issue

Vol 1, Issue 3 (2026)

Article No.

053

Journal

British Journal of Contemporary Research

DOI

https://doi.org/10.67693/BJCR-WRZXZJ4D

Received

31 Jul 2026

Views

82

Downloads

21

Abstract

High Seas, the new pandora box of both opportunities and contentions, are waters beyond 200 nt miles of any sovereign states. They cover around 61% of total marine size and 43% of the entire global map, housing unique and unparalleled natural resources. With increasing global population and emerging technologies, leveraging high sea fishing is now more vital and feasible. Industrialisation multiplied fishing effort and fleet sizes 30 times from 1950- 2010. Though currently only 4-6% of global marine fishing occurs in high seas, it is on trajectory to grow further high in volume alarmingly. A 2020 report by the Food and Agriculture Organization of the UN (FAO) pointed out that 34% of all fishing species were considered overfished. High seas in this regard remain more vulnerable as they lack stature protection unlike Exclusive Economic Zone (EEZ) or territorial water. Demand aided with technological advancement pushes countries to shift their focus on high seas where resources are abundant and legal restrictions are absent, allowing anyone to exploit. Ever since the United Nations Convention on Law of the Sea (UNCLOS ) came into play, it largely settled disputes and arranged monitoring and functioning mechanisms for territorial water and EEZ, but left the high seas as common for all, vulnerable to exploitation. Such circumstances require a revisit of global governance on international waters. With this stressing background India chose to be part of Biodiversity Beyond the National Jurisdiction (BBNJ), which intends to fill the gap in existing global marine governance with the aim to converse and preserve the natural resources. India, the country which hosts the largest population on earth and the third biggest economy, depends on the marine industry for 1.1% of its GDP and 7.7% for its agricultural GDP. So, it is understandable to know that the nation is keen to take a side on sustainable marine governance. With its emerging technological capacity and demand to meet her people's fisheries needs, close to 20 million livelihoods, India chose to accept a legally binding treaty for marine governance which will strive to balance between inter and intra generational equity. At a global level, the count of parties has increased the required number of 60 member states to make all the countries legally bound by this agreement, marked by its enforcement on 17th January, 2026. However, the High Seas Treaty is yet to be ratified for legislative approval in India. In this paper, we hope to cover the defining clauses of the agreement, the need for urgency to accelerate the due process, the challenges posed against the same and the unfurling of benefits that would follow as a consequence of effective implementation, all along with specificity to India as a stakeholder.

License

This article is published under the Creative Commons Attribution 4.0 International License . Free to read, share, and adapt with attribution.