Türkiye has formally advanced its commitment to the conservation and sustainable use of marine resources by signing the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction ("High Seas Treaty"). As outlined in Article 2, the High Seas Treaty aims to ensure the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction which comprise over two-thirds of the world's oceans. It addresses a critical governance void, reflecting the global community's recognition that collective action is essential for climate regulation and biodiversity support.

The High Seas Treaty further emphasizes equitable access to marine resources, particularly benefiting developing nations amidst growing commercial interest in marine genetic resources, which hold considerable economic potential. The Agreement sets forth the following key objectives:

1. Marine Genetic Resources and Fair Benefit Sharing

• Provides provisions for activities involving marine genetic resources and their digital sequence information in areas beyond national jurisdiction.

• Aims for fair and equitable sharing of benefits to support conservation and sustainable use.

2. Area-Based Management Tools and Marine Protected Areas

• Facilitates establishing marine protected areas.

• Promotes international cooperation to conserve ecosystems and enhance resilience.

3. Environmental Impact Assessments

• Requires parties to conduct assessments for activities that may adversely affect the marine environment.

• Provides guidelines to ensure that potential impacts are identified and managed appropriately.

4. Capacity-Building and Marine Technology Transfer

• Emphasizes capacity-building and transferring marine technology to developing countries.

• Enables all parties to participate effectively in conservation and sustainable use.

Provisions of the High Seas Treaty has significant implications for maritime law and industry. New management tools and assessment requirements may affect shipping routes and resource exploration, necessitating compliance with updated regulations. Maritime operators will need to adopt sustainable practices to minimize environmental impacts, aligning with global conservation efforts. The focus on marine genetic resources also opens opportunities for biotechnology research and development, benefiting various industries. Maritime stakeholders in Türkiye are advised to monitor the ratification process closely and assess how these developments may impact operations in areas beyond national jurisdiction and prepare for compliance with upcoming regulations. Our firm is well equipped to provide guidance along this process.

The Agreement was signed by Türkiye’s Minister of Foreign Affairs during the 79th session of the United Nations General Assembly, initiating Türkiye's process of becoming a Party to the Agreement. Although not yet in force, Türkiye’s signature demonstrates alignment with international efforts to safeguard marine biodiversity for future generations. Upon ratification, Türkiye will be legally obligated to implement the Agreement’s provisions and contribute to the sustainable management of marine biodiversity in areas beyond national jurisdiction.

For more information on the impact of the Agreement on the industry, please feel free to contact us