development, including in regard to poverty eradication, sustained economic
growth, food security and creation of sustainable livelihoods and decent work.
3
The state of the oceans has never been more perilous as their health continues to
be adversely impacted by major simultaneous pressures. A recent report of the
Secretary-General on oceans and the law of the sea listed the most important:
pollution—including marine debris, especially plastics, physical degradation,
increased overfishing, alien invasive species, underwater noise, and the impacts of
climate change and ocean acidification.
4 Whereas the whole world is affected,
coastal communities and small island developing States (SIDS) remain highly
vulnerable to the cumulative impact of such pressures—in particular, sea level
rise, coastal erosion and storms—which threaten their very existence.
5 Thus, the
world now faces a “global emergency” over the oceans and this includes areas
beyond national jurisdiction.
6 Threats to the global environment must be taken
seriously as the collective future and security of humankind is at stake. The strength
and resilience of our marine ecosystems are not limitless, and urgent action is needed
to protect and restore them.
Although most direct contact with the oceans tends to occur in coastal areas, there
is an increasing awareness of the impacts of human beings on areas beyond national
jurisdiction. We are also more aware of the interdependence and interconnectedness
of all areas of the ocean. Human activities such as shipping, fishing, oil and gas
exploration, and deep-sea mining are taking place increasingly far from coasts.
Moreover, even where no such activities are regularly undertaken—in the most
remote areas of the world’s oceans—evidence of human activities is now increasingly visible, mainly in the form of floating debris. Such activities are having a toll
on the health, strength and resilience of marine ecosystems of areas beyond national
jurisdiction.
Many of those who are not directly involved in ocean affairs ask frequently a
question: What is the international community doing to address the conservation and
sustainable use of ocean resources of areas beyond national jurisdiction? However,
for those who are aware of the current state of oceans and of the legal framework for
its conservation and sustainable use, the question is “what more could we be doing”?
Now, what exactly is meant by the term “areas beyond national jurisdiction”?
This term is used to refer to two maritime zones, whose scope is defined in the 1982
United Nations Convention on the Law of the Sea (UNCLOS), namely the high seas
and the Area. The high seas is defined as “all parts of the sea that are not included in
the exclusive economic zone, in the territorial sea or in the internal waters of a State,
3 See e.g. United Nations General Assembly (2015).
4 United Nations General Assembly (2018), para. 3.
5 See e.g. United Nations (2017), pp. 948–949.
6 United Nations (2018).
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M. de Serpa Soares
growth, food security and creation of sustainable livelihoods and decent work.
3
The state of the oceans has never been more perilous as their health continues to
be adversely impacted by major simultaneous pressures. A recent report of the
Secretary-General on oceans and the law of the sea listed the most important:
pollution—including marine debris, especially plastics, physical degradation,
increased overfishing, alien invasive species, underwater noise, and the impacts of
climate change and ocean acidification.
4 Whereas the whole world is affected,
coastal communities and small island developing States (SIDS) remain highly
vulnerable to the cumulative impact of such pressures—in particular, sea level
rise, coastal erosion and storms—which threaten their very existence.
5 Thus, the
world now faces a “global emergency” over the oceans and this includes areas
beyond national jurisdiction.
6 Threats to the global environment must be taken
seriously as the collective future and security of humankind is at stake. The strength
and resilience of our marine ecosystems are not limitless, and urgent action is needed
to protect and restore them.
Although most direct contact with the oceans tends to occur in coastal areas, there
is an increasing awareness of the impacts of human beings on areas beyond national
jurisdiction. We are also more aware of the interdependence and interconnectedness
of all areas of the ocean. Human activities such as shipping, fishing, oil and gas
exploration, and deep-sea mining are taking place increasingly far from coasts.
Moreover, even where no such activities are regularly undertaken—in the most
remote areas of the world’s oceans—evidence of human activities is now increasingly visible, mainly in the form of floating debris. Such activities are having a toll
on the health, strength and resilience of marine ecosystems of areas beyond national
jurisdiction.
Many of those who are not directly involved in ocean affairs ask frequently a
question: What is the international community doing to address the conservation and
sustainable use of ocean resources of areas beyond national jurisdiction? However,
for those who are aware of the current state of oceans and of the legal framework for
its conservation and sustainable use, the question is “what more could we be doing”?
Now, what exactly is meant by the term “areas beyond national jurisdiction”?
This term is used to refer to two maritime zones, whose scope is defined in the 1982
United Nations Convention on the Law of the Sea (UNCLOS), namely the high seas
and the Area. The high seas is defined as “all parts of the sea that are not included in
the exclusive economic zone, in the territorial sea or in the internal waters of a State,
3 See e.g. United Nations General Assembly (2015).
4 United Nations General Assembly (2018), para. 3.
5 See e.g. United Nations (2017), pp. 948–949.
6 United Nations (2018).
322
M. de Serpa Soares