Principles Applicable to Modern Ocean Governance

Abstract

The establishment by the UN General Assembly of the Ad hoc Open-ended Informal Working Group to study issues relating to the conservation and sustainable use of biodiversity in area beyond national jurisdiction has highlighted the challenges that are faced in the governance of areas beyond national jurisdiction. This short editorial considers the ways in which the 1982 Law of the Sea Convention (LOSC) and subsequent instruments have developed principles which are particularly appropriate for high seas governance. It points out that the so called “freedoms of the high seas” are not unconditional freedoms but are subject to a number of important limitations and qualifications found both in the LOSC itself but also in other instruments such as the 1995 UN Fish Stocks Agreement and in customary law. It identifies 10 principles that should be applicable to the regulation of any human activities that affect the marine environment or biodiversity in ABNJ.