The treaty sets out rules for sharing both the materials and the potentially lucrative scientific information they generate, so that poorer countries can also benefit from discoveries made in these waters. Detailed rules on access and benefit-sharing will be further developed by the countries that have signed the treaty.
However, the treaty will not apply to fishing already covered by international regulations, or to fish or other marine life caught through such activities on the high seas. Effectively, commercial fishing falls outside the scope of this treaty.
Mining pitted against conservation
But conservation isn’t the only activity on the high seas. Mining companies are keen to extract minerals such as nickel, cobalt or copper from below the deep seabed – often in the same areas where fragile ecosystems and valuable genetic resources can be found.
Deep-sea mining is already regulated by the International Seabed Authority, a separate specialised body established by a UN convention that has already granted many exploration contracts and is now drafting new rules for commercial extraction.
The two regimes – the high seas treaty and the seabed authority – compete and conflict with one another. Protecting marine life may significantly limit (if not prohibit) deep-sea mining, and vice versa.
It’s not yet clear how the new treaty will resolve this potential conflict. The only clue we have is that article 5 (2) of the treaty states it shall be interpreted in a way that “does not undermine” other relevant legal and political bodies. It remains to be seen how the two regimes will coordinate in practice, as well as how these competing interests can be reconciled, where the stakes are very high. When protecting biodiversity could stop lucrative mining projects, tensions seem inevitable.
Before the treaty takes effect in 2026, countries that have signed and ratified the treaty will meet again to agree on details: how protected areas will be chosen, how genetic resources will be shared, and how to handle conflicts with activities like fishing and mining.
For anyone involved in marine conservation and governance, this is an exciting moment. The High Seas Treaty could transform the way we look after the oceans. It gives us the chance to protect vast, vulnerable ecosystems and ensure the benefits of ocean science are shared more equally. But whether it will deliver on that promise depends on whether states can balance conservation with a growing scramble for deep-sea resources.
This article is republished from The Conversation under a Creative Commons license. Read the original article.
