Analysing the effectiveness of the UN High Seas Treaty’s

provisions in protecting fish biodiversity.

Legal Research Project

4950 words
INTRODUCTION: 3

I-THE OCEANS 3

A-THE IMPERATIVE TO PROTECT THE OCEANS 3

B- THE IMPACT OF HUMAN ACTIVITIES 4
C-THE FISHING ISSUE 5

II- THE HIGH SEAS 6

A- WHY THE RISK IS GREATER 6

B- SOLUTION 7

III-THE TREATY 8

IV-GAPS IN THE TREATY 9

A- THE EIA 9
B- RELYING ON EXISTING FLAWED LEGISLATION 9
1- EXCLUSION OF HIGH SEAS FISHERIES 9
2- WHEN THE EXISTING SYSTEM IS DEFICIENT (FOCUS ON RFMOS) 10
3- CONCLUSION 13
C- MARINE PROTECTED AREAS 14
1- THEIR SIGNIFICANCE 14
2- CONFLICT OF INTEREST? 15
3- ARDUOUS ESTABLISHMENT’S PROCESS? 16
4- IS THE SCOPE OF PROTECTION SUFFICIENTLY NARROW? 16
5- EXEMPTIONS 18
6- CONCLUSION 18
D- MARINE GENETIC RESOURCES 19

CONCLUSION 19
Introduction:

This report is aimed at policymakers, government and campaigners concerned with the
state of our oceans and the well-being of mankind. It will begin by outlining the reasons to
protect the oceans, underscoring the critical condition they are currently facing and the
inadequate governance that exists. The report will then discusses the new UN High Seas
Treaty designed to address these issues, but points out its shortcomings particularly toward
fish biodiversity while stressing their crucial role in marine ecosystems and for human
welfare.
The report will address three gaps. Firstly, it will highlight the contentious exclusion of
regulated activities on the High Seas, particularly high seas fisheries, from the Treaty; which
hinders the review of the legal instruments and authorities that govern these activities. It
will argue that this fragmented governance approach and the failure to address the
numerous failings of these systems, particularly of the Regional Fisheries Management
organizations, could potentially undermine the Treaty’s biodiversity protection goals.
Second, the report will discuss the challenges that will arise in creating and implementing
efficient Marine Protected Areas, based on the final provisions of the Treaty. Lastly, the
report will address the exclusion of fish from the marine genetic resources, which denies
countries the right to a fair and equitable share of its associated benefits.
It will be argued that this Treaty marks not the end1 but rather the beginning of a crucial
journey. This report emphasizes the need for states to not only ratify and implement the
required mechanisms to the best of their ability to achieve the treaty’s objectives, but also
go further and persist in enhancing the existing framework, specifically concerning fisheries
governance. It contends that these efforts are imperative to sustain a habitable world.

I-The Oceans

A-The imperative to protect the oceans

The Earth's oceans are an expansive and remarkable part of our planet, covering more than
70% of its surface and constituting 99% of the biosphere.2From an anthropocentric
perspective, we are in awe of the astonishing wildlife the oceans harbor3 , and of the
boundless possibilities that this immensity encompasses. The oceans not only ignite our
imagination and sense of wonder but they also sustain us by providing food, resources, and

1 “ Ship has reached the shore” says Rena Lee Conference president

2 oceanliteracy.unesco.org. (n.d.). Our Blue Planet - Ocean Literacy Portal. [online] Available at:
https://oceanliteracy.unesco.org/our-blue-planet/#:~:text=The%20ocean%20is%20one%20massive [Accessed
9 Jun. 2023].
3 one of the main repositories of the world's biodiversity
pa source of livelihood for coastal communities and population worldwide.4 Overall, the
health of both the oceans and individuals are closely interconnected.
Pollution in the oceans can have several detrimental effects, such as the spread of infectious
diseases and contamination of our food sources. On the other hand, the oceans also offer
numerous benefits to us, including nutritional contributions and the potential to enhance
our physical and mental well-being through living near or engaging with the seas.5 6
Additionally, their contribution to the distribution of freshwater resources across the planet
is significant. 78
However, perhaps even more important and somewhat underestimated is the role of the
oceans in regulating our climate.9 Often referred to as the "lungs of the planet," the oceans
produces a significant amount of the oxygen we breathe, through photosynthesis by
phytoplankton. “Every second breath” in fact comes from the ocean10 and it is the Earth’s
largest carbon sink, absorbing about 30% of carbon emissions and 90% of the excess heat
generated by greenhouse gases since the industrial revolution11. In a world facing a climate
crisis and expanding population, the importance of the oceans cannot be overstated.12

B- The impact of human activities

However the 2019 IPCC Report on the Ocean and Cryosphere13 provides a stark and
concerning assessment of the current state and future of the world's ice and oceans, and

4United Nations (2022). Oceans - United Nations Sustainable Development. [online] United Nations
Sustainable Development. Available at: https://www.un.org/sustainabledevelopment/oceans/.

5 https://www.researchgate.net/publication/333350932_Oceans_Health_and_Well-Being
(PDF) Oceans, Health, and Well-Being. Available from:
https://www.researchgate.net/publication/333350932_Oceans_Health_and_Well-Being [accessed Jun 06
2023]
6 Some benefits include immunity boosts, lowering stress e.g Blue Zones

7 Johansen, E., Signe Veierud Busch and Ingvild Ulrikke Jakobsen (2020). The law of the sea and climate change
: solutions and constraints. Cambridge, United Kingdom ; New York, Ny: Cambridge University Press
8 as a crucial component of the hydrological cycle.

9IPCC. (n.d.). Chapter 5: Changing Ocean, Marine Ecosystems, and Dependent Communities — Special Report
on the Ocean and Cryosphere in a Changing Climate. [online] Available at:
https://www.ipcc.ch/srocc/chapter/chapter-5/.

10 earthobservatory.nasa.gov. (2017). Notes from the Field - Every Other Breath. [online] Available at:
https://earthobservatory.nasa.gov/blogs/fromthefield/2017/02/09/every-other-
breath/#:~:text=They%20carry%20out%20photosynthetic%20processes [Accessed 9 Jun. 2023].
11 Unfccc.int. (2020). Available at: https://unfccc.int/news/climate-action-is-needed-to-protect-world-s-

oceans.
12 Langsdorf, S., Löschke, S., Möller, V., Okem, A., Rama, B., Belling, D., Dieck, W., Götze, S., Kersher, T.,

Mangele, P., Maus, B., Mühle, A., Nabiyeva, K., Nicolai, M., Niebuhr, A., Petzold, J., Prentzler, E., Savolainen, J.,
Scheuffele, H. and Weisfeld, S. (2022). Climate Change 2022: Impacts, Adaptation and Vulnerability Working
Group II Contribution to the Sixth Assessment Report of the Intergovernmental Panel on Climate Change. IPCC.
[online] doi:https://doi.org/10.1017/9781009325844.
13 IPCC (2016). Summary for Policymakers — Special Report on the Ocean and Cryosphere in a Changing
Climate. [online] Ipcc.ch. Available at: https://www.ipcc.ch/srocc/chapter/summary-for-policymakers/.
the alarming consequences that lie ahead. Despite once-perceived invulnerability due to
their vast size, oceans are now facing unprecedented threats as a result of human activity.
14
To start with, this immense capacity to regulate our climate comes at a cost and the
impacts have been evident, the oceans have become warmer, more acidic, and depleted of
oxygen (IPCC 2022)15 . These changes have been exacerbated by the rapid pace of climate
change,1617, primarily due to the intense use of fossil fuels. Additionally, other human-
induced pressures are on the rise, such as pollution (plastic, discharge of all sorts, oil spills),
overfishing, sea mining and bioprospecting of marine species. These activities are not only
weakening the ocean’s buffer capacity against the impacts of climate change 18, but also are
threatening its precious eco systems.1920 The interconnectedness of these systems means
that ecological damage has far-reaching consequences for coastal communities and global
food security. For instance, the depletion of phytoplankton and coral reefs21 has a
compounding effect on the climate problem 22. Furthermore, because these organisms are
at the basis of the food web, their decline disrupts the marine food chain which; coupled
with overfishing, create food shortages and resource strains that could potentially fuel
inequality and social tensions.

C-The fishing issue

The fishing issue is of grave concern, as highlighted by a 2018 report from the FAO 23. It
reveals that more than a third of world’s fishes stocks are overfished24, resulting in lower
fish populations and reduced future production. It also found that 93 percent of fish stocks
are being fully or overexploited, also impacting non-targeted species. Meanwhile, more
than 3 billion people in the world rely on seafood as a vital source of animal protein.25 26

14
UN Environment (2017). Why do oceans and seas matter? [online] UNEP - UN Environment Programme.
Available at: https://www.unep.org/explore-topics/oceans-seas/why-do-oceans-and-seas-
matter#:~:text=Oceans%20feed%20us%2C%20regulate%20our.
15 Ibid IPCC 2022 report
16 170 times faster than through natural forces according to some scientists
17 Gaffney, O. and Steffen, W. (2017). The Anthropocene Review, 4(1), pp.53–61.

doi:https://doi.org/10.1177/2053019616688022.

18Ibid The Law of the Sea and Climate Change

19A BLUE VISION FOR THE HIGH SEAS. (n.d.). Available at: https://www.bluemarinefoundation.com/wp-
content/uploads/2019/06/Blue-Marine_High-Seas-Brochure_Spreads_LowRes.pdf.

20 Due to by-catch predators are gone, leading to increase in invasive species.

21 due mainly to overfishing and warming of the oceans
22 as they are essential for the ocean's CO2 absorption and regulation.
23 www.fao.org. (n.d.). The status of fishery resources. [online] Available at:

https://www.fao.org/3/cc0461en/online/sofia/2022/status-of-fishery-resources.html.
24 meaning they are being depleted faster than they can replenish themselves
25
World Wildlife Fund (n.d.). Sustainable Seafood | Industries | WWF. [online] World Wildlife Fund. Available
at: https://www.worldwildlife.org/industries/sustainable-
seafood#:~:text=More%20than%203%20billion%20people.

26 with certain regions depending exclusively on fish for their protein needs
and many jobs and a significant portion of a country's GDP are tied to fishing and marine
eco-tourism27

II- The High Seas

A- Why the risk is greater

The High Seas28, which makes up 70% of the world's oceans and located beyond national
boundaries29 are more susceptible to exploitation compared to coastal areas. The High Seas
were once pristine, far from reach and the industry concentrated on coastal areas. 30
However, the previously untouched areas have witnessed a significant surge in commercial
activity due to factors such as population growth, technological advancements,
globalization, and the unwavering pursuit of profit. This rapid expansion and the associated
environmental damages underscore the urgent need for robust governance measures, for
an area governed by the principle of "freedom of the seas" since the 17th century 31.

The United Nations Convention on the Law of the Sea (UNCLOS) serves as the primary legal
instrument governing activities in the High Seas since 1994. The doctrine of freedom of the
seas was incorporated in the UNCLOS and grants any ship, regardless of its flag, the right to
navigate the oceans freely and to fish, explore, conduct scientific research and other
peaceful activities. 32 While UNCLOS maintained a commitment to the freedom of high seas
fishing (Article 116)33, that is somewhat restricted by a second principle., the Common
heritage of mankind principle. This concurrent principle “oblige “the states to cooperate and
conserve common resources of the High Seas for present and future generations.
The Fish Stocks Agreement (UNFSA 2009) built on it and provides a framework for
implementing measures for sustainable use of fish stocks. It has been ratified by 91 parties
and emphasises a precautionary approach 34and an eco-system management through

27“Capture fisheries and aquaculture play a significant role in global employment, providing jobs for
approximately 10 to 12 percent of the world's population. The livelihoods of over two billion people are
directly connected to the marine sector, which encompasses activities such as marine energy (both non-
renewable and renewable sources), mining industries (including aggregates and deep-sea mining), maritime
transport, and tourism.”
Wang, Y. and Pan, X. (2023). Reasonable restrictions on the freedom of fishing in high seas marine protected
areas from an international law perspective: an analysis. 10. doi:https://doi.org/10.3389/fmars.2023.1030646.

28 And the Area ( seabed),

29 National Economic Zone (EEZ) extends to 200km from the coast

31Nations, UN. (n.d.). Oceans and the Law of the Sea. [online] United Nations. Available at:
https://www.un.org/en/global-issues/oceans-and-the-law-of-the-
sea#:~:text=The%20oceans%20had%20long%20been.
32 United Nations Convention on the Law of the Sea (1994) Article 87
33 Ibid
34 urging action in the face of threats to the high seas, even without complete scientific certainty
RFMOS 35. Whilst other international agreements contribute to the regulation of the High
Seas such as FAO Compliance Agreement or Port State Measures Agreement (PSMA),
UNCLOS and UNFSA are the primary instruments, particularly in terms of fishing restrictions.

In reality, the High Seas have long been considered the ‘wild west’ of the ocean 36 due to
few strict rules and regulations, driven primarily by commercial interests with little regard
for biodiversity. Whilst the UN Convention on the Law of the Sea established a general
obligation on member states to protect the marine environment and cooperate to that end,
there has long been consensus that there were various gaps in its provisions. Additionally,
its provisions are not always complied with in practice, despite its adoption by most states 37.
38.This lack of effective governance is favouring such exploitation and enables perpetrators

to escape accountability for the damages caused. Weaknesses inherent to international law,
such as enforcement’s challenges 39 and the limited binding nature of treaties on State
Parties,40 , along with the lack of comprehensive data over the High Seas, contribute to the
situation. Only 1% of the High Seas is currently protected, and the concept of freedom of
the seas, though romanticized, has led to extensive pollution and depletion of marine
resources. High Seas’ current scenario and overfishing exemplify the tragedy of the
commons41 which occurs when individuals have unrestricted access to a shared resource but
prioritize their own benefits without investing in collective rules or abiding by them.
Ultimately, this leads to resource depletion to the detriment of all, representing the tragedy.
Indeed, illegal, unregulated, and unreported (IUU) fishing has significantly increased,
particularly in high seas fisheries, and the oceans are dying 4243

B- Solution

Protecting the ecological integrity of a system that might reasonably be considered the
beating heart of Earth is of utmost importance. A more robust and holist governance of our
oceans is needed.44 This urgency was recognised in a commitment made by UN’s Member

35 Regional Fisheries Management Organisations. There are currently 17 RFMOs covering most of the high seas
around the globe.
36 Ian Urbina has described the contemporary high seas as a lawless frontier of horrific violence and workers’

exploitation, modern slavery, poaching, animal slaughtering, and piracy. UK house of Lords in a 2022 report
acknowledged that UNCLOS has little to say about human rights.
37 House of Lords (2022). UNCLOS: the law of the sea in the 21st century. Authority of the House of Lords.

38 lots of bycatch, destructive fishing methods

39 there is no international police and which State should bear the responsibility to oversee it when resources
belong to all and that lack of governance benefits to all states in short term, at least it’s how they view it
because they can do what they want. Tragedy of the commons.
40 not third Parties
41 a concept popularized by Garret Hardin in 1969.
42 42 Ibdi IPCC summary for policy makers 2022

43 www.fao.org. (n.d.). FAO Fisheries & Aquaculture. [online] Available at:

https://www.fao.org/fishery/en/topic/16159/en [Accessed 9 Jun. 2023].
44 Ibid Blue Marine Foundation
States at COP15 to protect 30% of land and sea by 2030 45 aligning with target 14 – Life
Below Water of the Sustainable Development Goals (United Nations 2018). After nearly two
decades of deliberations and conferences at the United Nations, discussions regarding
enhanced protection of life in areas beyond national jurisdiction (ABNJ) culminated in a
significant achievement this year (2023). A new legally binding treaty on the High Seas was
established in March.46.

III-The Treaty

The High Seas Treaty, long awaited, seeks to bridge the governance gaps in the High Seas by
establishing a comprehensive framework to secure the conservation and sustainable use of
marine biodiversity in ABNJ for future and present generations. 47 It also explicitly
incorporate climate change considerations which the UNCLOS did not do. 48

The UN high seas treaty, building upon UNCLOS, includes the principles of freedom of seas,
of common heritage, as well as an ecosystem approach to ocean management focused on
resilience and restoration and the precautionary principle. It also enters the polluter pays
principle, a fair benefit-sharing rom marine genetic resources and the recognition of
indigenous knowledge and rights49 which are important to rethink how we use our ocean
commons in ways that benefit the majority50

In contrast to the United Nations Convention on the Law of the Sea (UNCLOS), the newly
established treaty requires countries to ratify but is binding upon third parties. It has been
declared a triumph for multilateralism by UN Secretary-General, António Guterres and

45 Convention on Biological Diversity. (n.d.). COP15: Nations Adopt Four Goals, 23 Targets for 2030 In
Landmark UN Biodiversity Agreement. [online] Available at: https://www.cbd.int/article/cop15-cbd-press-
release-final-19dec2022.
46 Draft 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. Available at:
https://www.un.org/bbnj/sites/www.un.org.bbnj/files/draft_agreement_advanced_unedited_for_posting_v1.
pdf.

47Ibid- Preamble
48of utmost important to reverse the decline of our oceans and enhance the future health of our planet and
humanity. Dealt under a different framework, the UNFCC
49 www.gard.no. (n.d.). A brief introduction to the High Seas Treaty. [online] Available at:
https://www.gard.no/web/articles?documentId=35175276 [Accessed 9 Jun. 2023].
50 UN high seas treaty is a landmark – but science needs to fill the gaps. (2023). Nature, [online] 615(7952),
pp.373–374. doi:https://doi.org/10.1038/d41586-023-00757-z.
includes multiple achievements such as the Environmental Impact Assessment (EIA) scheme
and the provisions to create, through a vote and conference of the parties (COP) Marine
Protected Areas( MPAs). This is a groundbreaking development as it allows for the
establishment of protected areas on the High Seas for the first time51 and MPAs are
considered essential in fulfilling CBD’s goals 52

IV-Gaps in the Treaty

A-The EIA

EIA introduced by the Treaty will evaluate the environmental consequences of new
exploratory activities that fall outside the scope of existing governance frameworks 53 Its
objective is to prevent, mitigate, and effectively handle any significant adverse impacts to
safeguard and conserve the marine environment. 54. However, it applies solely to future
activities and do not address the ongoing environmental violations related to current
undertakings such as farming waste, plastic sewage in oceans, and unsustainable fishing
practices. This raises concerns about the treaty's effectiveness in putting an end to these
violations and fulfilling its overarching goal of halting biodiversity loss and degradation of
the ocean’s ecosystems.
Similarly, decisions on EIAs and determining whether they need to be conducted will
ultimately fall on parties. An expert interviewed by Carbon Brief expressed concern over the
fact that any country can decide, through scoping and screening, that they are not obligated
to assess environmental impacts.55

B-Relying on existing flawed legislation

1- Exclusion of high seas fisheries

51 with an exception of one migratory seabird reservation in the North Atlantic

52 Ibid Convention on Biological Diversity
53 pew.org. (2023). Governments Make Progress on United Nations Fish Stocks Agreement. [online] Available
at: https://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2023/05/governments-make-progress-
on-united-nations-fish-stocks-agreement [Accessed 9 Jun. 2023].

54 Ibid UN High Seas Treaty

55 Staff, C.B. (2023). Q&A: What does the ‘High Seas Treaty’ mean for climate change and biodiversity? [online]
Carbon Brief. Available at: https://www.carbonbrief.org/qa-what-does-the-high-seas-treaty-mean-for-climate-
change-and-biodiversity/.
Furthermore, the treaty's provisions do not override the existing legislation or question
established systems set by authorities 56; they simply recall them.57
Since the beginning of the negotiations for BBNJ, concerns were raised about how the new
agreement would interact with existing ocean governance treaties and international
institutions. Certain parties, including major fishing countries such as the EU, Russia, Iceland,
Australia, and Japan58, advocated for the exclusion of "regulated" activities such as high seas
fisheries. Their argument was that the contrary would relegate regional fisheries
management organizations (RFMOs) to secondary roles when “they have been doing great
work for decades in terms of fisheries management and environmental protection” says
ExtremePeche a fishing-industry lobby59.

2- When the existing system is deficient (Focus on RFMOs)

Undoubtedly, relying on existing instruments would be preferable if they effectively were

addressing the issues at hand. However, as discussed earlier in this paper, the existing
agreements on fishing restrictions in the high seas, such as UNCLOS have faced extensive
criticism for being overly general and ineffective in protection our ocean 60

As another example is the UNFSA which has been governing “long-term conservation and
sustainable use” of shared fish stocks, particularly tunas and sharks since 2001. However, a
recent analysis from Pew Charitable Trusts finds that states are not fulfilling important legal
obligations under the agreement. The decline of tuna stocks has been alarming since the
1950s, with the Pacific bluefin tuna, for instance, reaching a mere 10.2% of its population

56 Ibid Nature article” UN high seas treaty is a landmark – but science needs to fill the gaps”

57Regulated activities on the high seas include deep-sea mining governed by the International Seabed
Authority (ISA) and high-seas fisheries controlled by RFMOs under UNCLOS and UNSA.

58 Ibid Carbon Brief article

59 europeche.chil.me. (n.d.). Europêche welcomes new Treaty for High Seas. [online] Available at:
https://europeche.chil.me/post/europeche-welcomes-new-treaty-for-high-seas-432428#_ftn1 [Accessed 9
Jun. 2023]. Ibid Frontiers journal “Reasonable restrictions on the freedom of fishing in high seas marine
protected areas from an international law perspective: an analysis
60 Ibid Frontiers journal “Reasonable restrictions on the freedom of fishing in high seas marine protected areas

from an international law perspective: an analysis

levels before fishing began by 2020.6162Additionally, oceanic sharks and rays have
experienced a global decline of 71% since 197063

While this applies to all ocean governance agreements, it has particular relevance to RFMOs
which govern 646591% of the High Seas.66 RFMOs serve as platforms for countries to
negotiate agreements regarding the exploitation of fish stocks67, with a primary emphasis
on species of financial interest. Out of the total 17 regional fishing organizations, five are
specifically dedicated to tuna management, such as the Indian Ocean Tuna Commission and
the Commission for the Conservation of Southern Bluefin Tuna (CCSBT)

They have been heavily criticised for many years for their inability to ensure the sustainable
management of fish stocks, including failure to tackle IUU68 fishing which has dramatically

61
Juan-Jordá, M.J., Mosqueira, I., Cooper, A.B., Freire, J. and Dulvy, N.K. (2011). Global population trajectories
of tunas and their relatives. Proceedings of the National Academy of Sciences, [online] 108(51), pp.20650–
20655. doi:https://doi.org/10.1073/pnas.1107743108.
62 ANNEX 13 STOCK ASSESSMENT OF PACIFIC BLUEFIN TUNA IN THE PACIFIC OCEAN IN 2022. (2022). Available
at: https://isc.fra.go.jp/pdf/ISC22/ISC22_ANNEX13_Stock_Assessment_for_Pacific_Bluefin_Tuna.pdf.

63 Pacoureau, N., Rigby, C.L., Kyne, P.M., Sherley, R.B., Winker, H., Carlson, J.K., Fordham, S.V., Barreto, R.,
Fernando, D., Francis, M.P., Jabado, R.W., Herman, K.B., Liu, K.-M., Marshall, A.D., Pollom, R.A., Romanov, E.V.,
Simpfendorfer, C.A., Yin, J.S., Kindsvater, H.K. and Dulvy, N.K. (2021). Half a century of global decline in oceanic
sharks and rays. Nature, [online] 589(7843), pp.567–571. doi:https://doi.org/10.1038/s41586-020-03173-9.
64 Haas, B., McGee, J., Fleming, A. and Haward, M. (2020). Factors influencing the performance of regional
fisheries management organizations. Marine Policy, 113, p.103787.
doi:https://doi.org/10.1016/j.marpol.2019.103787.

65 Gjerde, K.M., Clark, N.A. and Harden-Davies, H.R. (2019). Building a Platform for the Future: the Relationship
of the Expected New Agreement for Marine Biodiversity in Areas beyond National Jurisdiction and the UN
Convention on the Law of the Sea. Ocean Yearbook Online, 33(1), pp.1–44.
doi:https://doi.org/10.1163/9789004395633_002.

66 While some RFMOs have an advisory role, the majority possess management powers to establish catch and
fishing effort limits and enforce control obligations.
67 e.g allocating quotas
68 illegal, unreported and unregulated
increased over the years 69 As an example, the IOTC is supposed to manage tuna
exploitation sustainably, but this is not the case. 70

The institutions have also faced criticism for their heavy commercial focus and their
inadequate efforts in minimizing the adverse impacts of fishing activities on non-target
wildlife and habitats.4 Despite the obligation to incorporate an ecosystem approach, a 2017
assessment of tuna RFMOs revealed that these organizations had made only moderate
progress in managing accidental catching of deep-sea vulnerable fish stocks and harmful
fishing techniques71. For instance, ninety-seven percent of Pacific leatherback turtles have
been killed by fishing nets, longlines or poaching .7273

Although every part of the high seas is managed by at least one RFMO,74 it is estimated that
only around 5% of global fish biodiversity in the high seas is effectively assessed by these
organizations.75This leaves potential impacts on 95% of species not assessed. Among these
species are vital organisms inhabiting the mesopelagic zone, which primarily consists of
planktonic organisms. These species play a crucial role in the "biological carbon pump,"
which helps regulate carbon dioxide levels in the atmosphere. 76 It has been estimated that
without this role, atmospheric levels of carbon dioxide would by 50% higher resulting in a
significantly much hotter world 77

69 pew.org. (n.d.). Global Progress Toward Implementing the United Nations Fish Stocks Agreement. [online]
Available at: https://www.pewtrusts.org/en/research-and-analysis/reports/2016/05/global-progress-toward-
implementing-the-united-nations-fish-stocks-agreement.

70 ici, par France Bleu et France 3. (2023). Traité de l’ONU sur la haute mer : ‘Un petit pas’ pour l’association
Bloom. [online] Available at: https://www.francebleu.fr/infos/environnement/traite-de-l-onu-sur-la-haute-
mer-un-petit-pas-pour-l-association-bloom-3795970 [Accessed 9 Jun. 2023].

71for example, the sharks, seabirds, and turtles incidentally caught in these fisheries. Bottom trawling and
dredging are the most harmful ones and still largely allowed.
72 Figgener, C., Chacón-Chaverri, D., Jensen, M.P. and Feldhaar, H. (2016). Paternity re-visited in a recovering
population of Caribbean leatherback turtles (Dermochelys coriacea). Journal of Experimental Marine Biology
and Ecology, 475, pp.114–123. doi:https://doi.org/10.1016/j.jembe.2015.11.014.

74Cullis-Suzuki S., Pauly D. (2010). Failing the high seas: A global evaluation of regional fisheries management
organizations. Mar. Policy 34 (5), 1036–1042. doi: 10.1016/j.marpol.2010.03.002
75 Crespo, G.O., Dunn, D.C., Gianni, M., Gjerde, K., Wright, G. and Halpin, P.N. (2019). High-seas fish
biodiversity is slipping through the governance net. Nature Ecology & Evolution, 3(9), pp.1273–1276.
doi:https://doi.org/10.1038/s41559-019-0981-4.

76 Ibid Blue Marine Foundation

77 Weatherall, P., Marks, K.M., Jakobsson, M., Schmitt, T., Tani, S., Arndt, J.E., Rovere, M., Chayes, D., Ferrini, V.
and Wigley, R. (2015). A new digital bathymetric model of the world’s oceans. Earth and Space Science, 2(8),
pp.331–345. doi:https://doi.org/10.1002/2015ea000107.
While fishing plays a vital role in providing protein and livelihoods for millions of people
globally78only a small number of wealthy nations account for a significant portion of high
seas fishing catches7980 Moreover, most species caught in these areas are destined to
upscale food and supplement markets in developed countries such as Japan, the US and the
EU, implying that high seas fisheries play a negligible role in ensuring global food security
overall.81

APE and CAPE 82 have called for addressing fisheries in the Treaty to allocate quotas to those
who fish most sustainably and bring the greatest economic and social benefits to coastal
states.

3- Conclusion

Not only the existing instruments have gaping holes but RFMO’s management practices are
inconsistent with them, in particular with the conservation and management provisions of
the 1995 UNFSA and the 1995 UN FAO Code of Conduct for Responsible Fisheries.83
On the other hand the situation is dire 84 , the alarming decline of fish stocks, approaching
the brink of mass extinction, has several far-reaching consequences that greatly impact the
state of the ocean.85Furthermore, the existing agreements (UNLOSC, UNFSA) do not
incorporate climate change impacts which limits their ability to address the challenges
posed by a changing environment.

While fish lobbyists involved in the negotiations praised the final version of the UN treaty,
which prevented existing regulations from scrutiny, many saw it as a significant opportunity
to advocate for changes in fisheries governance. They recognized the flaws and
unsustainability of the current system and believed that addressing these issues could lead
to a healthier ocean, long-term food security, and economic prosperity. The African Group,

78 Illuminating Hidden Harvests (2022). The contribution to small-scale fisheries to a sustainable world. FAO.

60 millions estimate
79 Schiller, L., Bailey, M., Jacquet, J. and Sala, E. (2018). High seas fisheries play a negligible role in addressing
global food security. Science Advances, [online] 4(8), p.eaat8351. doi:https://doi.org/10.1126/sciadv.aat8351.

80 ten rich nations taking 71 % of fishing catches from the high seas with China and Taiwan alone accounted for
one-third of the world’s total high seas catch
81 Ibid
82 Coalition for Fair Fisheries Agreements

83 Qu, Y. and Liu, R. (2022). A Sustainable Approach towards Fisheries Management: Incorporating the High-
Seas Fisheries Issues into the BBNJ Agreement. Fishes, 7(6), p.389. doi:https://doi.org/10.3390/fishes7060389.

84according to estimates, somewhere between two-thirds according to FAO 84 to three-quarters of fish stocks
are depleted or overfished
Costa Rica, Indonesia, Jamaica, New Zealand, Norway, Peru, and the United States issued
statements in favor of including fisheries issues in the agreemen t 86
Some NGOs also believed that the BBNJ Agreement should be a comprehensive agreement,
addressing the impact; both direct and indirect, of current fishing practices in ABJN on non-
targeted species. Scientifics widely agreed that excluding fish or fisheries from a treaty
aimed at conserving and restoring marine biodiversity would be a mistake, as it would
severely limit the treaty's scope due to the crucial role of fish in marine ecosystems.87 Even
the director of the UK-based Global Tuna Alliance88 agreed that it would be short-sighted
and emphasized that better and holistic ecosystem management would ultimately benefit
both commercial fish stocks and the overall health of the ocean. 89

Yet, from the final draft of the treaty, it appears that the BBNJ process is effectively
prohibited from amending the existing regime on fisheries for the high seas established by
UNCLOS. However, there is room for interpretation based on the wording of the Treaty. It
states that the "Conference of the Parties shall respect the competences of and, not
undermine, relevant legal instruments and frameworks and relevant global, regional,
subregional and sectoral bodies. Some experts90 believe that the phrase "not undermine"
aligning with the objectives in the preamble indicates the potential for the new treaty to
strengthen existing instruments and support organizations in protecting the marine
environment, ultimately leading to improvements in the current status quo.

For example, the new treaty could potentially improve the protection of the 95% of fish
biodiversity that is currently not covered by RFMOs through the establishment of MPAs or
other cooperation measures, without going against the authorities of these organizations
that oversee specific species.
It is a possibility, but since the treaty has not been ratified yet, its effects will have to be
closely monitored once it enters into force.

C- Marine Protected Areas

1- Their significance

86 Owen, D.; Churchill, R.; Currie, D. Matters for Inclusion in a New International Legally Binding Instrument
under UNCLOS: Enhanced Cooperation and Effective Dispute Resolution, WWF, para 15. 2016. Available
online: https://www.un.org/depts/los/biodiversity/prepcom_files/WWF_BBNJ_Prep_Com1_2016.pdf (accesse
d on 10 December 2022).

87 R. Barnes, “Fisheries and Areas Beyond National Jurisdiction: Advancing and Enhancing Cooperation,”
in New Knowledge and Changing Circumstances in the Law of the Sea (United Kingdom: Brill, 2020)
88 Tom Pickerell
89 Ibid Pew Charitable Trusts

90 Friedman, A. (2019). Beyond ‘not undermining’: possibilities for global cooperation to improve environmental
protection in areas beyond national jurisdiction. ICES Journal of Marine Science, 76(2), pp.452–456.
doi:https://doi.org/10.1093/icesjms/fsy192.
MPAs are widely acknowledged as crucial for conserving marine biodiversity and preserving
ecosystem services, as highlighted by the IPCC 2019 report on the ocean and cryosphere 91
They play a vital role in carbon uptake and storage and enable future ecosystem-based
adaptation. While the concept of establishing a network of MPAs in the High Seas is
commendable, using an agreement that could not address the issues of fisheries is
problematic92.

The establishment of a framework to create MPAs93 on the High Seas for the first time was
thus considered a notable achievement of the Treaty, but there are challenges anticipated
in ensuring its effectiveness. Based on the provisions agreed in the final draft, establishing
an MPAs will be arduous, the scope of permissible activities within the areas is relatively
broad; allowing for” sustainable use” and regardless, states have relatively straightforward
means of obtaining exemptions from MPAs regulations.

2- Conflict of interest?

In practice, the treaty sets up a new forum for international deliberations, called a
conference of the parties (COP), involving indigenous people and coastal communities that
will work with existing ocean authorities representing commercial interests, including
fishing and seafloor mining.

That collaboration may hinder the chance of establishing an MPA in a heavily fished area
but could also; according to Guillermo Ortuño Crespo, a marine scientist and independent
research consultant, “encourage efforts to minimise harm to marine life from commercial
activities”. 94

However, for Frédéric Le Manach, Scientific Director of Bloom 95, the Treaty grants significant
power to existing High Seas authorities and contains several provisions that will make it
difficult to implement any truly efficient measures, potentially hindering the Treaty’s
biodiversity objectives. What will happen if a country wants to establish an MPA that bans
fishing for a specific specie like tuna96, which falls under the jurisdiction of a RFMO?

91
Summary for Policymakers. (n.d.). Available at:
https://www.ipcc.ch/site/assets/uploads/sites/3/2022/03/01_SROCC_SPM_FINAL.pdf.

92 F. Quemmerais-Amice and J. Baxer ‘Executive Summary’ in Smiard, Laffoley and Baxter (eds), Marine
Protected Areas and Climate Change, 14.
93 As an Area-based management tools

94 www.science.org. (n.d.). Historic treaty could open the way to protecting 30% of the oceans. [online]
Available at: https://www.science.org/content/article/historic-treaty-could-open-way-protecting-30-oceans
[Accessed 13 Mar. 2023].

95 an association involved in the fight against the destruction of marine ecosystems

96 And endangered
 3- Arduous establishment’s process?

Under the High Seas Treaty, any signatory country will be able to propose an MPA, and if
the required number of states agree and objections are not made, the protected area will
be established and the Treaty’s signatories will then be obliged to apply its rules through
international bodies.97 However this process of is not without hurdles.
The delimitation of these areas follows a United Nations procedure, and relies on consensus
and on a case-by-case basis.98 If two-thirds of countries reach a consensus in favor of an
MPA, a second vote is required. For that vote to be approved, three-quarters of countries
must vote in favor. With around 193 UN MS, it might be a challenge. Additionally, parties
such as RFMOS have the ability to object and the creation of MPA will fail.

4- Is the scope of protection sufficiently narrow?

Under the Treaty MPAs aim to “Protect, preserve, restore and maintain biodiversity and
ecosystem99. They are associated with food security and the necessity to support developing
states and to strengthen resilience to stressors, including those related to climate change,
ocean acidification and marine pollution. However, the treaty does not openly address
other recognised significant threats such as overfishing or seabed mining, as these activities
are left to existing “deficient” frameworks.
While the establishment of MPAs may imply limits on fishing or shipping activities, these
measures are not a necessary inference. In some cases, industrial fishing may still be
allowed within designated Marine protected areas notably in France100, and in the UK where
drawling and dredging is still operating in most of the protected areas.101102 In this Treaty,
the preamble allows for “sustainable use” of the resources even within MPAs, implying that
the scope of protection is not a clear-cut one.

97 sfb294-eigentum.de. (n.d.). The New High Seas Treaty Will Not End the Tragedy of the Global Fishing
Commons | SFB 294 Structural Change of Property. [online] Available at: https://sfb294-
eigentum.de/en/blog/the-new-high-seas-treaty-will-not-end-the-tragedy-of-the-global-fishing-commons/
[Accessed 9 Jun. 2023].

98 Ibid UN High Seas Treaty

99 Ibid
100 Anon, (n.d.). Bloom Association» France’s sabotage of the COP15 biodiversity summit’s marine protection
objectives. [online] Available at: https://www.bloomassociation.org/en/frances-sabotage-of-the-cop15-
biodiversity-summits-marine-protection-objectives/ [Accessed 9 Jun. 2023].
101 New report has found that these harmful fishing techniques are still taking place in 98% of the UK's
offshore Marine Protected Areas.
Marine Conservation Society. (n.d.). Stop bottom trawling in UK’s protected waters. [online] Available at:
https://www.mcsuk.org/news/ban-bottom-trawling-in-uk-protected-waters/ [Accessed 2 Feb. 2022].
It is worth nothing that during negotiations, the International Union for Conservation of
Nature (IUCN) proposed excluding sustainable use as one of the purposes of MPAs103 The
IUCN argued that the inclusion of sustainable use may contradict established definitions of
protected areas made by the CBD and the OSPAR convention 104, and the overarching
protection objectives of the Treaty.

In a statement signed by some 160 researchers on 31 May 2023, scientists reiterated that
"the most effective mechanism for restoring the abundance of marine life lies in the
creation of highly protected marine areas, where fishing and destructive activities are
prohibited".105 Indeed, “no take marine reserves”106 have been shown to have numerous
benefits107, such as increased population biomass, density, resilience, individual size, and
species variety within their boundaries108.109 By implementing and managing marine reserves
in such a way, we can address the challenges posed by climate change, protect and restore
marine ecosystem, safeguard long-term economic activities, and ensure food security.
These efforts are of paramount importance in the context of the accelerating climate and
food crisis and a growing population. 110

103 United Nations General Assembly (2022b) Textual proposals submitted by delegations by 25 July 2022, for
consideration at the fifth session of the intergovernmental conference on an international legally binding
instrument 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 (the conference), in response to the
invitation by the President of the conference in her note of 1 June 2022 (A/CONF.232/2022/5) article-by-article
compilation. Available
at: https://www.un.org/bbnj/sites/www.un.org.bbnj/files/20220803bbnjigc5compilationproposals.pdf.
104 Ibid Frontiers article

105 Declaration of Support SCIENTISTS CALL FOR THE RESTORATION OF 20% OF EU’S LAND AND SEAS BY 2030,
AND ALL AREAS IN NEED OF RESTORATION BY 2050. (2023). Available at:
https://static1.squarespace.com/static/5f241700a3b9e7503c42710c/t/647783579a4344473dbbe203/168555
4007289/Scientists+support+EU+nature+restoration_31May2023.pdf [Accessed 9 Jun. 2023].

106 Which prohibit all forms of fishing and extraction

107 Costello, M.J. and Ballantine, B. (2015). Biodiversity conservation should focus on no-take Marine
Reserves. Trends in Ecology & Evolution, 30(9), pp.507–509. doi:https://doi.org/10.1016/j.tree.2015.06.011.
108 Halpern, B.S. (2014). Making marine protected areas work. Nature, [online] 506(7487), pp.167–168.
doi:https://doi.org/10.1038/nature13053.

109 It ultimately produces higher reproductive output and spillover of fish and invertebrates that improves
fishing catch around the protected areas sometimes in waters up to 2 km away. HALPERN, B.S., LESTER, S.E.
and KELLNER, J.B. (2009). Spillover from marine reserves and the replenishment of fished
stocks. Environmental Conservation, 36(4), pp.268–276. doi:https://doi.org/10.1017/s0376892910000032.

110
Without prompt action, the decline of our marine ecosystems could reach an irreversible stage,
compromising the future of both human societies and the planet.
 5- Exemptions

If, despite the numerous challenges, an MPA is established and involves efficient
restrictions, there is a possibility that a party may be exempted from complying with the
MPA. This exemption can occur for various reasons; if the party cannot reasonably comply
with the restrictions, if compliance is deemed discriminatory against the party, or if it
infringes upon their rights and duties under the conventions. It is a reasonable inference to
affirm it is relatively low threshold for a party to be granted an exemption and thus to
escape the obligations of the MPA.

6- Conclusion

Scientists have found that MPAs in High Seas can play a critical role in supporting fisheries
and promoting climate resilience They provide important stepping-stones along the routes
of highly migratory species such as turtles, whales, and seabirds, promote genetic diversity,
and help maintain carbon stocks.111 However, studies have showed that MPAs should be
preferably larger with strict and effective regulations.

Yet the current provisions of the UN Treaty raise concerns. The powers granted to entities
commercially driven entities such as RFMOS and the challenging process of establishing
MPAs on the High Seas could undermine the treaty’s conservation goals. There is also the
risk of creating unprotected marine areas where exploitation can occur, and parties may
object to established regulations and seek exemptions. It is uncertain which areas of the
high seas will be protected and to which extent. 112 If MPAs fail to be efficient, the 30x30
CBD biodiversity protection’s goal and the overall mitigation of the crisis we face will be
compromised. Ensuring a more stringent implementation, driven by civil society, NGOs, and
the involved parties, will be vital as well as monitoring the effects of the treaty once it is
ratified.

111D. Laffoley et al., “The Forgotten Ocean: Why COP26 Must Call for Vastly Greater Ambition and Urgency to
Address Ocean Change,” Aquatic Conservation: Marine and Freshwater Ecosystems 32 (2021): 217-
28, https://doi.org/10.1002/aqc.3751;
112 Phoebe (2023). The High Seas Treaty is a triumph, but the devil will be in the details. [online] Blue Ventures.
Available at: https://blueventures.org/the-high-seas-treaty-is-a-triumph-but-the-devil-will-be-in-the-details/
[Accessed 9 Jun. 2023].
 D- Marine Genetic Resources

The Treaty introduced the principle of fair and equitable sharing of the marine genetic
resources113114. This entails that; regardless of which entity conducts activities and collects
these resources, the benefits, both monetary and otherwise, must be shared equally among
countries.115. According to the CBD,116 genetic resources encompass genetic material derived
from various sources such as plants, animals, microorganisms, and others. Fish seems to
belong to that category, but were explicitly excluded from the provision117 which is
significant, considering the broad definition of fish within the treaty. With the substantial
imbalance in fishing catches from the high seas; ten wealthy nations accounting for 71% of
the total118, that veto has stirred intense debate, with critics arguing that it will perpetuate
existing inequality and injustice between countries from the global north and south.

Conclusion

For long we believed in the infinite resilience of the ocean. Even renowned marine scientist
Sylvia Earle said she once thought that we could discard anything in it without
consequences. This belief, combined with commercial interests, gave rise to the principle of
"freedom of the high seas “which allowed unrestricted activities and their damaging
consequences in these areas for over four centuries. But the oceans are now in serious
trouble 119 and because of the interconnectedness between the oceans’ health and ours, so
are we.120 Fish biodiversity especially and everything it encompasses are facing significant
pressures and challenges.

There are several deficiencies in legal mechanisms governing high seas fisheries.
Instruments such as UNCLOS and UNFSA have blind spots and weak provisions, and the

113 Ibid UN High Seas- Treaty Article 7

114 recognizing their valuable contributions to pharmaceuticals, cosmetics, food, industrial processes, and
scientific research
Enzymes from sponges, for example, have been used to cure different types of cancer, microbial infections and
inflammation
116 Convention on Biological Diversity (2006). Convention Text. [online] www.cbd.int. Available at:
https://www.cbd.int/convention/articles/?a=cbd-02.

117 Ibid UN High Seas Treaty

118Schiller, L., Bailey, M., Jacquet, J. and Sala, E. (2018). High seas fisheries play a negligible role in addressing
global food security. Science Advances, [online] 4(8), p.eaat8351. doi:https://doi.org/10.1126/sciadv.aat8351.
119 according to the latest IPPC Report
120 In addition of physical consequences they are also psychological ones. The sea embodied the infinite

possibilities, the expanse as far as the eye can see. But today, not only is the sea deteriorating, but people are
beginning to realise it. The sea can no longer incarnate the inaccessible, because it has been reached and
affected. Man can no longer take refuge there and this severe reduction in the possibility of dreaming that
anything is possible has yet unstated consequences for the human psyche.
RFMOs121 have failed to effectively maintain sustainable fish stocks and manage the impact
on biodiversity on the high seas122123
Notwithstanding destruction of entire marine eco-systems124, the damage done by
overfishing goes beyond the marine environment. Billions of people rely on fish for protein
and fishing is the principal livelihood for millions of people around the world.125 Moreover,
having abundant fish and marine life in the sea, means more carbon sequestration 126 when
empty, this ability vanes. The irreversible loss of iconic and vulnerable ecosystems not only
leads to economic hardships and aesthetic loss but also puts at risk the vital ecological
processes that sustain habitability on our planet.

The Treaty on biodiversity in ABNJ aimed to strengthen protection and governance of the
oceans, addressing our “out of sight out of mind” relationship. However, significant
shortcomings remain.
Fishes are largely excluded, undermining the goals of biodiversity protection outlined in the
agreement. Contrary to some media reports, the treaty does not guarantee the
preservation of 30% of the world's high seas by 2030. While it enables the designation of
marine protected areas, further steps are needed to fully realize its potential.
High seas fisheries systems 127 are excluded from the scope of review of treaty and their
authority should not be undermined despite their severe inefficiency. Following these
provisions, there is a reasonable fear that MPAs cannot be established in areas under
existing fishing agreements. Equally the term "sustainable use" in the Treaty could
potentially allow for the exploitation of marine resources even within designated MPAs .128
In addition to the challenging process to create effective MPAs, Environmental Impact
Assessments (EIAs) only apply to planned activities, excluding ongoing activities like
unsustainable high seas fisheries and destructive sea mining. The exclusion of fish from

121 which serve as the main regulatory regime,

122 Qu, Y. and Liu, R. (2022). A Sustainable Approach towards Fisheries Management: Incorporating the High-
Seas Fisheries Issues into the BBNJ Agreement. Fishes, 7(6), p.389. doi:https://doi.org/10.3390/fishes7060389.

Illegal fishing is now a biggest threat for the oceans than piracy. www.clientearth.org. (n.d.). Illegal fishing is
now a bigger threat to the ocean than piracy – here’s why it matters | ClientEarth. [online] Available at:
https://www.clientearth.org/latest/latest-updates/stories/illegal-fishing-is-now-a-bigger-threat-to-the-ocean-
than-piracy-here-s-why-it-matters/ [Accessed 9 Jun. 2023].

123
Non-compliance of conservation and management measures, weak enforcement, lack of data are all
factors that contribute to the inadequacy of the current system.
Depletion of High Seas fisheries and change in migratory stocks also affect coastal waters

124 With overfishing but also harmful bycatches and fishing material thrown out at sea ; as it stands loosely
regulated by UNCLOS, and because of the connectivity of the ocean, it impact profoundly our territorial waters
as well.
125 Tragedy of the commons

126 The potential of marine habitats, including saltmarsh, seagrass, kelp and sediment, to sequester and store

carbon is widely known to science. Equally meteoplagism creatures and the phytoplankton.
Absorbs carbon but also methane and nitrogen
127 as well as deep sea mining
128 When marine protected areas that result in the greatest outcomes for biodiversity are the ones that restrict

the most fishing. Restrictions on fishing in the high seas MPAs should be explicit and detailed
provisions on marine genetic resources and their sharing further compounds these
concerns.

By discounting fish from the Treaty and instead relying on a flawed legislation and a
fragmented sectoral approach, mitigating the tragedy unfolding in our oceans will remain
rather limited129.
That is why political will and civil society pressure are needed to not only ratify the Treaty130
but to develop effective laws and enforcement mechanisms to prevent measures such as
MPAS from being mere paper commitments. Moreover, as highlighted in this report, stricter
measures will yield benefits for everyone. It is essential that all parties invest their utmost
efforts and resources into creating effective biodiversity protection and restoration
mechanisms, such as Marine Protected Areas (MPAs) with well-defined fishing restrictions
or exclusions as the stakes are high in terms of health, food security, the economy, and
liveable conditions.
Additionally, active cooperation with RFMOs is necessary to improve the existing system
through the Treaty131 Parallelly, continued work on reforming conventions is crucial to
complement the efforts made under the Treaty.132
It is worth noting that the governance of the high seas encompasses a plethora of issues,
such as high seas fisheries’ subsidies, deep-sea mining and enforcement which could be
explored further in future research.

129 Erik Jaap Molenaar* Netherlands Institute for the Law of the Sea (NILOS),
Utrecht University- Regulatory and Governance Gaps in the International Regime for the Conservation and
Sustainable Use of Marine Biodiversity in Areas beyond National Jurisdiction. IUCN Environmental Policy and
Law Papers online Marine Series No. 1
130 The treaty must be ratified by 60 member states before it can enter into force.- t’s not clear whether the

United States Senate, which never ratified UNCLOS, will back the new treaty
131 it can involve supporting RFMOs in gathering comprehensive data on the impacts of their activities, as

ongoing initiatives by the Blue Marine . The call by the UNFSA for RFMOs to assess the impacts of fishing on
species belonging to the same ecosystem is quite daunting given the taxonomic diversity of high-seas
ecosystems

132 If the current measures laid by the provisions do not yield satisfactory results, the performance of the
Treaty can be reviewed and updated by the United Nations. However, the question remains regarding the
timing of such a review and whether it would be conducted in time to address urgent issues.
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