Experts said international cooperation is needed to protect the marine environment because the widely celebrated High Seas Treaty to conserve marine diversity has not yet come into force.
Nishimoto Kentaro, an International Law professor at Tohoku University, said the High Seas Treaty, signed in June 2023 by 86 countries, including the Philippines, is not yet being implemented.
At least 60 countries are needed to ratify it.
“This treaty is very important not only in the context of biodiversity because when it enters into force, that will add another layer to the rule of law that applies to the oceans. There is a continuing relevance of the South China Sea arbitral award in the context of this treaty,” Nishimoto said, in a forum jointly hosted by the Japanese Embassy in Manila and the think tank Stratbase ADR Institute.
The roundtable discussion tackled the so-called “The Biodiversity Beyond National Jurisdiction (BBNJ) agreement and its implications on the South China Sea” at the Manila Polo Club in Makati City, unraveling the complexities of international maritime law, with a particular focus on the BBNJ Agreement and its impact on the dynamic region.
Minister Kenichi Matsuda, Deputy Chief of Mission of the Embassy of Japan in the Philippines, reaffirmed Japan’s commitment to the rule of law and collaboration with like-minded partners in ensuring maritime freedom and environmental protection.
“As enhancing the rule of law is one of Japan’s foreign policy pillars, we are determined to work together hand-in-hand with other like-minded partners, especially with the Philippines, to ensure that universally accepted values and principles,” Matsuda stressed.
Kentaro offered a lecture that illuminated the intricate facets of the BBNJ Agreement and its direct relevance to the West Philippine Sea and the expansive South China Sea.
Dindo Manhit, president of think-tank Stratbase Institute, agreed with the observation of Kentaro, noting that issues persist in the West Philippine Sea despite laws to protect maritime territories and their resources.
According to Manhit, the Philippines understands the value of countering the loss and degradation of marine biodiversity and resources after the country’s military reported in 2023 the massive illegal coral harvesting in Rozul Reef and the dumping of dead corals at Sandy Cay in the West Philippine Sea.
“The Stratbase ADR Institute considers these as acts of aggression and coercion,” he said, adding that international cooperation is expected to protect the marine environment beyond their country’s jurisdiction.
“The depths of the ocean call on the international community to work together in protecting shared marine resources. Let us equip ourselves with the knowledge and share technical expertise to protect the global common,” he said.
Manhit admitted that there are still challenges in sustaining the states’ commitment to the High Seas Treaty.
“Our united stance in caring for our waters reflects our deep interconnectedness, transcending national borders. Let us remain committed to the conservation and sustainability of marine resources. Together, let us protect our interconnected waters beyond national jurisdiction,” he said.
In June 2023, the United Nations adopted the High Seas Treaty. With the United Nations Convention on the Law of the Sea as the “guidepost, the agreement recognizes the need to address biological diversity loss and degradation of ocean ecosystems in a coherent and cooperative manner.
The treaty emphasizes the need for a comprehensive global regime, under UNCLOS, to better address conservation and sustainable use of marine biodiversity of areas beyond jurisdiction.