or in the archipelagic waters of an archipelagic State.”
7 The Area means the seabed
and ocean floor and subsoil thereof, beyond the limits of national jurisdiction.
8
It is important to recall that, although these areas may be beyond national
jurisdiction, vessels, and persons performing activities in these areas fall under the
national jurisdiction of at least one State, usually the flag State of the vessel,
9 and
may also fall within the general competence of one or more intergovernmental
organizations, depending on the activity or activities being undertaken.
10
In that regard, there is a comprehensive international law regime applicable to the
oceans, as well as internationally-agreed policy guidance, commitments, goals and
targets adopted and implemented at the global, regional and national levels, under
the framework of UNCLOS.
11 These instruments are complemented by important
commitments, such as the 2030 Agenda for Sustainable Development (2030
Agenda),
12 in particular its Sustainable Development Goal (SDG) 14,
13 as well as
the annual resolutions of the General Assembly on oceans and the law of the sea and
on sustainable fisheries.
14
One of the greatest challenges lies in the policy, law and science interface. The
importance of science cannot be overstated, as it should be guiding both legal and
policy decisions. However, the lacuna in our knowledge and understanding of the
oceans is nowhere as large as in the deep ocean.
15
This chapter will address the efforts of the Member States of the United Nations at
improving the state of the ocean, particularly in areas beyond national jurisdiction, at
that forum. The strengths and challenges described above will be addressed to show
the increasing attention to oceans at the United Nations, as well as the expanding
leadership taken by the General Assembly in improving the knowledge about the
health of marine ecosystems.
7 Art. 86, UNCLOS.
8 Art. 1.1 (1), UNCLOS.
9 Art. 94, UNCLOS.
10 See for example the competence of the International Seabed Authority in accordance with
UNCLOS, Art. 160.
11 See, for example, provisions related to pollution and dumping in UNCLOS, Arts 207–211.
12 United Nations General Assembly (2015).
13 “Conserve and sustainably use the oceans, seas and marine resources for sustainable
development”.
14 See http://www.un.org/depts/los/general_assembly/general_assembly_resolutions.htm.
15 United Nations (2017), pp. 49–51.
17 The Conservation and Sustainable Use of the Ocean in Areas Beyond National. . .
323
7 The Area means the seabed
and ocean floor and subsoil thereof, beyond the limits of national jurisdiction.
8
It is important to recall that, although these areas may be beyond national
jurisdiction, vessels, and persons performing activities in these areas fall under the
national jurisdiction of at least one State, usually the flag State of the vessel,
9 and
may also fall within the general competence of one or more intergovernmental
organizations, depending on the activity or activities being undertaken.
10
In that regard, there is a comprehensive international law regime applicable to the
oceans, as well as internationally-agreed policy guidance, commitments, goals and
targets adopted and implemented at the global, regional and national levels, under
the framework of UNCLOS.
11 These instruments are complemented by important
commitments, such as the 2030 Agenda for Sustainable Development (2030
Agenda),
12 in particular its Sustainable Development Goal (SDG) 14,
13 as well as
the annual resolutions of the General Assembly on oceans and the law of the sea and
on sustainable fisheries.
14
One of the greatest challenges lies in the policy, law and science interface. The
importance of science cannot be overstated, as it should be guiding both legal and
policy decisions. However, the lacuna in our knowledge and understanding of the
oceans is nowhere as large as in the deep ocean.
15
This chapter will address the efforts of the Member States of the United Nations at
improving the state of the ocean, particularly in areas beyond national jurisdiction, at
that forum. The strengths and challenges described above will be addressed to show
the increasing attention to oceans at the United Nations, as well as the expanding
leadership taken by the General Assembly in improving the knowledge about the
health of marine ecosystems.
7 Art. 86, UNCLOS.
8 Art. 1.1 (1), UNCLOS.
9 Art. 94, UNCLOS.
10 See for example the competence of the International Seabed Authority in accordance with
UNCLOS, Art. 160.
11 See, for example, provisions related to pollution and dumping in UNCLOS, Arts 207–211.
12 United Nations General Assembly (2015).
13 “Conserve and sustainably use the oceans, seas and marine resources for sustainable
development”.
14 See http://www.un.org/depts/los/general_assembly/general_assembly_resolutions.htm.
15 United Nations (2017), pp. 49–51.
17 The Conservation and Sustainable Use of the Ocean in Areas Beyond National. . .
323