December 27, 2024
Adopting the High Seas Treaty in 2023 marked a monumental step toward protecting marine biodiversity in international waters. Covering nearly 66% of the world’s oceans, the treaty establishes frameworks for Marine Protected Areas (MPAs), environmental impact assessments (EIAs), and equitable sharing of marine genetic resources.
However, the real challenge lies beyond the words written on paper—ensuring commitments are monitored, enforced, and properly funded.
1. The Challenge of Enforcement
While the High Seas Treaty sets ambitious goals, international waters are difficult to monitor and regulate. Factors contributing to enforcement challenges include:
- Jurisdictional Gaps: The high seas are beyond national borders, leaving accountability unclear.
- Resource Limitations: Developing nations often lack the funds and infrastructure for monitoring and enforcement.
- Illegal Activities: IUU (illegal, unreported, and unregulated) fishing, pollution, and resource exploitation are pervasive without adequate oversight.
Ensuring compliance requires innovative solutions that address these challenges and enable nations to collaborate effectively.
2. Strategic Investment: Where Should Funding Go?
To ensure enforcement of the High Seas Treaty, nations should prioritize investments in key areas:
1. Technology for Monitoring and Surveillance
- Satellite Monitoring: Tools like Global Fishing Watch leverage satellite technology and AI to track vessel activities in real-time, identifying suspicious behavior such as unauthorized fishing or pollution.
- Unmanned Aerial Vehicles (UAVs): Drones offer cost-effective surveillance over vast stretches of ocean.
- Automatic Identification Systems (AIS): Mandating AIS on vessels improves traceability and accountability.
Example: Indonesia successfully reduced illegal fishing activities by integrating satellite monitoring and drone surveillance into its enforcement strategy.
2. Capacity Building for Developing Nations
Developing countries often lack the financial and technological resources to enforce treaty provisions. Strategic investments can:
- Train personnel for marine monitoring and legal enforcement.
- Provide funding for patrol vessels, surveillance equipment, and operational costs.
- Facilitate knowledge-sharing and partnerships with technologically advanced nations.
Example: The Food and Agriculture Organization (FAO) runs capacity-building programs, helping nations develop the tools to enforce maritime laws effectively.
3. Multilateral Enforcement Mechanisms
No single country can patrol the high seas alone. Investments in multilateral partnerships can enhance enforcement by:
- Establishing joint monitoring initiatives among signatories.
- Coordinating data-sharing platforms to track violations.
- Creating an independent, well-funded international enforcement body to ensure accountability.
Example: Regional agreements like the North East Atlantic Fisheries Commission enable nations to work together on enforcement.
4. Financial Mechanisms for Long-Term Sustainability
Ensuring consistent enforcement requires sustainable financing:
- Blue Bonds: Nations can issue bonds to fund marine protection and enforcement infrastructure.
- International Climate and Conservation Funds: Organizations like the Global Environment Facility (GEF) can allocate funding to high seas protection initiatives.
- Public-Private Partnerships: Collaborations with NGOs and private organizations can drive funding and technology access.
Example: The Seychelles Blue Bond raised $15 million for marine conservation, demonstrating how financial instruments can fund enforcement and protection.
3. Effective Monitoring Systems
Investment alone is insufficient, nations should also establish robust monitoring systems to track treaty implementation and compliance. Key components include:
1. Transparent Data Platforms
Open-access data platforms allow for greater transparency and public accountability. Platforms like Global Fishing Watch enable real-time tracking of vessel activities and compliance monitoring.
2. Independent Audits and Reporting
Regular assessments and independent audits ensure that nations uphold their treaty commitments. These audits should include:
- Compliance with Marine Protected Area (MPA) regulations.
- Monitoring of industrial activities like mining or resource extraction.
- Tracking reductions in illegal fishing and pollution levels.
3. Integration of Local Communities
Engaging local and coastal communities is essential to ensure on-the-ground monitoring. Citizen science programs and partnerships with fishing communities can enhance surveillance and reporting of illegal activities.
Example: In the Philippines, local fishermen are trained to report illegal fishing activity, contributing to national enforcement efforts.
4. Turning Words into Action: A Multi-Layered Approach
To enforce the High Seas Treaty effectively, nations need to implement a multi-layered approach that includes:
- Adopting Cutting-Edge Technologies: Real-time tracking and surveillance ensure that illegal activities are quickly detected and addressed.
- Creating Equitable Financial Support: Funding mechanisms should provide adequate resources for enforcement, especially for nations with limited capacity.
- Building Strong Partnerships: International collaboration and data-sharing platforms are vital to overseeing high seas enforcement.
- Ensuring Accountability: Transparent reporting, independent audits, and public participation will hold nations accountable for their commitments.
The Path Forward
Ensuring compliance isn’t just about protecting the oceans—it’s about safeguarding global food security, biodiversity, and climate resilience for future generations. The High Seas Treaty has immense potential, but its success is far from guaranteed without strategic investment and robust enforcement mechanisms.
Nations can transform the treaty’s goals into measurable action by channeling funding into technology, capacity building, and collaborative partnerships.
As Peter Thomson, UN Special Envoy for the Ocean, reminds us: “A healthy ocean is critical to the survival of humanity. The High Seas Treaty is a lifeline, but it’s up to us to keep it strong and enforceable.”