On March 4 2023, the 193 members of the United Nations reached a major milestone. They agreed on a treaty to manage and protect the high seas– the marine areas that lie outside the 200 mile Exclusive Economic Zones (EEZ) of coastal states. The high seas are an essential part of the global ecosystem. They cover 50 percent of the Earth’s surface, produce half the oxygen we breathe, provide a home to 95 percent of the planet’s biosphere, are a critical sink for carbon dioxide, and help regulate the Earth’s temperature.

Daud Khan

The agreement of the new treaty, the result of decades of work and lobbying, is something to celebrate. However, a review of other international laws and treaties suggests that enthusiasm needs to be tempered with realism. Commonly, developed countries, due to their superior technology and financial heft, are the biggest economic beneficiaries of open access resources such the high seas, the atmosphere and outer space. They are also the worst culprits in terms of damage caused due to pollution and overuse. Getting these benefiting countries to change behavior has proved difficult.

The case of the 1982 Convention on the Law of Sea (UNCLOS) is illustrative. . Some of the provisions of Part VII of UNCLOS, which deals with the high seas, work well. For example those related to piracy – maybe because keeping shipping lanes safe is of interest to big countries with large fleets. However, the provisions related to fisheries work much less well.

Stephen Akester

Similarly the International Seabed Authority was set up to oversee and manage the exploitation of the resources on or under the seabed including oil, gas and minerals. However, there is no requirement to carry out any detailed environmental or ecological assessment; no royalties are to be paid; and no requirement for sharing of benefits with the poorer countries that lack the technologies to mine these resources.

The situation is even worse with regard to the disposal of waste in the high seas where there are virtually no regulations. This has resulted in increasing plastic and chemical pollution, much of which emanates from developed countries. Even spent fuel from nuclear power plants and radioactive water from the Fukushima power plant disaster have been dumped there.

The new treaty for the high seas aims to address many of these issues. However, it is essential that developing countries are fully involved in drafting the detailed implementation and enforcement arrangements; and defining responsibilities, as well as sanctions in the case of violation of rules and procedures. Developing countries should also continue to call into question the fact that new treaty does not cover ongoing exploitation of the high seas.

The high seas are common property of mankind and all countries need to be involved in how they are managed. The European Union has already pledged €40m to facilitate the formal ratification of the treaty and its early implementation. This will certainly give them a big say on the evolution of the detailed institutional and regulatory architecture. In order to counter this, developing countries must at least match this amount, with the larger developing countries taking in lead in provision of funding and technical skills.

Daud Khan works as consultant and advisor for various Governments and international agencies. He has degrees in Economics from the LSE and Oxford – where he was a Rhodes Scholar; and a degree in Environmental Management from the Imperial College of Science and Technology. He lives partly in Italy and partly in Pakistan.

Stephen Akester is an independent fisheries specialist working in Indian Ocean coastal countries for past 40 years.

IPS UN Bureau

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Over the last past several decades marine fish stocks worldwide have been under intense threat. There have been many high sounding declarations and agreements to reduce catch effort, to use more environmentally friendly fishing gear, to prevent illegal fishing and to impose “closed seasons” to allow stocks to recover.

However, these declarations have often been disregarded and ignored, particularly when it comes to the open oceans that are beyond national jurisdictions and are the common heritage of all mankind. And the main culprits have been the developed countries, with their large and sophisticated fishing fleets and super market consumers which instead of being cutback, continue to receive political support and public subsidies.

The story of the yellowfin tuna in the Indian Ocean well illustrates what has been happening.

Stephen Akester

As juveniles, Yellowfin normally hunt in surface waters in packs although, when they mature, they change their habits and tend to be solitary. They live in tropical and sub-tropical waters and there used to be large stocks in the Atlantic, Indian and Pacific Oceans. But that was before Europeans, Asians and Americans discovered tinned tuna was cheap, and before the Japanese developed technology to very rapidly freeze freshly caught tuna for the Sashimi market in Japan where prize cuts can go for up to hundreds, if not thousands, of US$ per kilo.

During the 1970s and 80s the Europeans, Americans and the Japanese overfished the Atlantic tuna stocks. Their fishing fleets, mainly Spanish and French with several vessels flying “flags of convenience” – then moved to the Indian Ocean. These boats are floating factories with modern radar, sophisticated fishing gear and huge freezing capacity. Over time, more aggressive techniques are being introduced such as drifting Fish Attracting Devises (FADs) -small floating rafts that facilitate the growth of algae and seaweed and which in turn attract surface swimming tunas, skipjack and juvenile yellowfin. FADs, make it easier to increase catches and reduce costs but also are highly destructive as not only facilitate the catching of skipjack, the target species, but also young yellowfin tuna.

The overfishing of yellowfin tuna has triggered various attempts to reduce effort and introduce better management. Spearheading this effort in the Indian Ocean is the Indian Ocean Tuna Commission (IOTC), set up by FAO in 1996 to ensure, the conservation and optimum utilization of tuna stocks in the Indian Ocean. However, the IOTC is not well designed for handling the complexities and political pressures that stand in the way of equitable and sustainable fishing effort in the Indian Ocean. In particular, key aspects such as its membership and distribution of catch entitlement among countries, are deeply flawed.

Daud Khan

Moreover, the division of allowable catch is based on how much each country fished in the past. This results in the poorer coastal states getting a small proportion of the allowable catch as compared to the richer countries that have been operating large, modern vessels capable of overfishing in the Indian Ocean since the mid-1980s. The outcome of this highly inequitable strategy is that 45% of the allowable catch of yellowfin tuna in the Indian Ocean is allocated to the EU. And the developing coastal countries have not only seen their national fisheries impacted by competition from the developed countries, they are not even entitled to any license or royalty fees from oceanic fisheries adjacent to their Exclusive Economic Zones.

Furthermore, the IOTC has been given a hamstrung decisions making process. Decisions are by consensus which prevents fundamental reforms such as limits on purse seiners or on drifting FADs. And when coastal state attempt is made to push matters to the vote, such as was the case for a proposal to ban drifting FADs, procedural issues prevent them for being adopted.

And so it goes on. Rich countries take the lion’s share of the allowable catch of yellowfin tuna, depriving the coastal states and their artisanal fishing communities of all but crumbs. They also systematically sabotage attempts to place restrictions on fishing and introduce more eco-friendly fishing practices.

As in many other areas, from climate change to the use of coal and the transition to green energy, there is much rhetoric from developed countries but efforts to change the system are not yet working.

Stephen Akester is an independent fisheries specialist working in Indian Ocean coastal countries for past 40 years……

Daud Khan works as consultant and advisor for various Governments and international agencies. He has degrees in Economics from the LSE and Oxford – where he was a Rhodes Scholar; and a degree in Environmental Management from the Imperial College of Science and Technology. He lives partly in Italy and partly in Pakistan.

IPS UN Bureau

Follow @IPSNewsUNBureau