Singapore reviewing laws, policies to fulfil obligations under UN High Seas Treaty

Singapore is playing its part to help restore order to what is known as the world’s largest crime scene – the high seas.

The authorities are reviewing laws and policies to meet obligations under the UN High Seas Treaty,

 a landmark deal that came into force on Jan 17 to protect the marine life of two-thirds of the ocean.

Changes to environmental impact assessments (EIAs), maritime and shipping activities, and deep-sea research could be in the works, say ocean policy experts.

The high seas, which lie outside any country’s control, include areas of the open ocean beyond any nation’s jurisdiction, as well as the seabed outside national continental shelves. Covering nearly half the surface of the earth and nearly two-thirds of the entire ocean, the high seas have been rife with illegal fishing, pollution and wildlife trafficking.

Now, activities such as seabed exploration, marine scientific research, and collection of marine organisms for genetic material used in pharmaceuticals or biotechnology will be carefully regulated.

For example, an EIA may have to be done if a company or institute wants to conduct research on harvesting specimens for commercial purposes, said Professor Peter Ng, an adviser at NUS’ Lee Kong Chian Natural History Museum.

A marine sponge, for instance, may contain medicinal compounds that can treat diseases, and an organisation may want to get enough of them to commercialise a product, he pointed out.

“Before you start harvesting certain amounts of this organism, you have to do an EIA, explain why you need to extract, and show that your activities will not mess up the ecosystem,” Prof Ng explained.

The Government, he added, will need to set up frameworks to ensure that such EIAs are done thoroughly.

The Ministry of Foreign Affairs (MFA) told The Straits Times that the Republic is reviewing its laws, regulatory frameworks and mechanisms to fulfil its obligations under the treaty.

Singapore is among 80-plus nations that have ratified the High Seas Treaty, formally called the Biodiversity Beyond National Jurisdiction (BBNJ) agreement. Singapore’s Ambassador for International Law Rena Lee presided over the treaty negotiations.

The treaty comprises four main pillars that signatory countries must adhere to: It provides a legal framework to protect marine biodiversity and conduct EIAs, sets out rules for sharing gains from scientific discoveries on deep-sea marine life, and helps developing countries participate fully in ocean research and conservation. 

A country must conduct an EIA if its activities in the high seas – from intensive marine research to infrastructure projects – may impact the environment. If a country carries out marine activities within its own jurisdiction that could harm the high seas, an EIA is also required.

The EIAs must also be made public on a designated open-access platform, where affected states and indigenous groups can provide feedback and comments throughout the assessment process.

Singapore’s EIA processes are not coded into law, and not all reports and findings are available online, especially in cases requiring confidentiality, such as national security. In these cases, members of the public can access a hardcopy EIA report upon request, but they need to sign non-disclosure agreements.

MFA said Singapore has a robust EIA framework for all development activities taking place here.

“In general, development projects in Singapore are required to undergo a thorough evaluation process that addresses the potential impact on traffic, public health, heritage and the environment.”

However, to ensure that the Republic addresses the obligations related to EIAs and activities – which could be development-related or otherwise – government agencies are reviewing their processes to determine potential levers to govern such activities, said MFA.

Standards and guidelines for EIAs will be eventually adopted by the treaty’s decision-making body, which “Singapore will take into account when updating our processes in due course”, it added.

Prof Ng, who was scientific adviser to the Singapore delegation during the BBNJ proceedings before the treaty was adopted in 2023, said: “What the authorities are probably thinking about is: How do we advise and regulate Singapore-registered companies who operate (in) the high seas, (and) how do we manage scientists who do research there?

“What are the guidelines, regulations and best practices that ought to be in place for our people to follow?”

Marine development within Singapore’s waters, such as reclamation, is unlikely to require an EIA because its impact is unlikely to extend into the high seas 200 nautical miles away, said Prof Ng.

Things can get complicated if other countries have different EIA protocols. Prof Ng said this is something the local authorities have to look into as they do their review.

A national body should be identified to oversee high seas activities, he said. This could help to simplify administrative work since scientific discoveries and valuable genetic materials need to be made public under the treaty. 

Beyond EIAs, the treaty also enables the creation of protected areas in the high seas to conserve marine life and restore ecosystems.

In such areas, restrictions on human activities may be imposed, and Singapore’s vessels may be subject to such regulations, say experts.

Marine policy analyst Youna Lyons, a senior global fellow at the NUS Centre for International Law, noted that 10 to 15 portions of the high seas are being considered for protection.

“Those measures might involve restrictions on the ballasting of water, on areas to avoid, and that can have a direct relevance to Singapore (shipping) activities,” she said.

Dr Tara Davenport, co-head of the oceans law and policy team at the NUS centre, noted that the treaty should not undermine existing frameworks and bodies regulating activities at sea, such as the International Seabed Authority and the International Maritime Organization (IMO). This is a key principle underlying the accord.

The IMO, for instance, has recognised some sensitive areas where tighter anti-pollution laws are in place.

“While (countries) may suggest more stringent rules in their proposals for marine protected areas, the (treaty’s decision-making body) must act in a way that respects the competences of other bodies,” said Dr Davenport.

Much like the UN climate change Conference of the Parties (COP), the High Seas Treaty will have its own annual summits, with the first to be held within the year. Ways to implement the treaty are expected to be finalised at the summit, called the BBNJ COP.

MFA said that Singapore will participate in decision-making at the summit and work closely with relevant bodies like the IMO to ensure that the establishment of marine protected areas and other measures “address both the needs of international shipping and the protection of the marine environment”.

Experts say Singapore’s strengths lie in high seas research and sharing of expertise with developing nations, which is also a key component of the UN accord.

For instance, in October 2025, Singapore hosted its first major deep-sea scientific expedition to the high seas after the treaty was adopted in 2023. NUS and non-profit group OceanX made the 24-day mission to Monsoon Rise – a largely unexplored seamount chain in the eastern Indian Ocean – and mapped over 8,300 sq km of seafloor.

Scientists from Indonesia, Fiji, Thailand and Vietnam also joined the expedition, supported by a $6 million grant from the National Research Foundation.

MFA said: “In line with our strong interests to ensure the effective implementation of the BBNJ agreement, Singapore will seek to actively contribute – including via in-kind cooperation and capacity-building efforts and collaborative research – as we did through the joint deep-sea expedition.”

Prof Ng added: “If you’re studying global events like climate change, ocean currents and how they affect food resources and weather, you can’t take an insular view. You can’t just study Singapore waters and be happy with it.”

Source: The Straits Times © SPH Media Limited. Permission required for reproduction.

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