Accordingly, there is the fear that the potential conflict, between the sovereign
rights connected to the OCS and the protective measures applied in MPAs
established in the HS, will somehow deter these States from expressing their consent
to be bound by an agreement in the end.
19
Bearing in mind the abovementioned, the next section analyses the origins of the
conflict, what is at stake in current negotiations and the reasons for its potentiality.
2 The Potential Conflict
2.1 Origins of the Conflict
Despite recognizing the interlinkage between ocean problems in its preamble,
20
UNCLOS divides the ocean into multiple jurisdictional spaces based solely on
distance from the coast.
21 This is done irrespective of the nature of the oceans and
the natural resources within them,
22 thus insufficiently addressing not only the
ecological interactions between marine species, but also the physical conditions
surrounding them.
23
Additionally, UNCLOS is dominated by the principles of sovereignty and freedom.
24 Therefore, the jurisdictional spaces referred above have been divided into
two categories: areas within national jurisdiction (AWNJ) and ABNJ, in which the
principles of sovereignty/sovereign rights and freedom/common heritage of mankind apply, respectively.
25 For the purpose of this research, a brief analysis of two
jurisdictional spaces is necessary: the OCS and the HS situated in AWNJ and ABNJ,
respectively.
2.1.1 The Legal Frameworks of the OCS and the HS
The right to establish the outer limit of the OCS, up to a maximum limit of 350 nm
from the baselines from which the breadth of the territorial sea is measured, or
100 nm from the 2500 m isobath, is provided for by UNCLOS.
26 As such, the rights
of the coastal State over the OCS are the same as the rights it possesses over the
19 Verkuijl (2016), p. 302; Mossop (2016), p. 245; Tladi (2015), pp. 657 and 671–672.
20 Tanaka (2004), p. 486.
21 Tanaka (2004), pp. 483–486.
22 Ibid.
23 Ibid.
24 Ibid.
25 Ibid.
26 Art. 76 (4 to 8), UNCLOS; O’Leary et al. (2012), p. 602; Scott (2012), p. 856; Heidar (2004),
pp. 23–28.
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I. Aguiar Branco
rights connected to the OCS and the protective measures applied in MPAs
established in the HS, will somehow deter these States from expressing their consent
to be bound by an agreement in the end.
19
Bearing in mind the abovementioned, the next section analyses the origins of the
conflict, what is at stake in current negotiations and the reasons for its potentiality.
2 The Potential Conflict
2.1 Origins of the Conflict
Despite recognizing the interlinkage between ocean problems in its preamble,
20
UNCLOS divides the ocean into multiple jurisdictional spaces based solely on
distance from the coast.
21 This is done irrespective of the nature of the oceans and
the natural resources within them,
22 thus insufficiently addressing not only the
ecological interactions between marine species, but also the physical conditions
surrounding them.
23
Additionally, UNCLOS is dominated by the principles of sovereignty and freedom.
24 Therefore, the jurisdictional spaces referred above have been divided into
two categories: areas within national jurisdiction (AWNJ) and ABNJ, in which the
principles of sovereignty/sovereign rights and freedom/common heritage of mankind apply, respectively.
25 For the purpose of this research, a brief analysis of two
jurisdictional spaces is necessary: the OCS and the HS situated in AWNJ and ABNJ,
respectively.
2.1.1 The Legal Frameworks of the OCS and the HS
The right to establish the outer limit of the OCS, up to a maximum limit of 350 nm
from the baselines from which the breadth of the territorial sea is measured, or
100 nm from the 2500 m isobath, is provided for by UNCLOS.
26 As such, the rights
of the coastal State over the OCS are the same as the rights it possesses over the
19 Verkuijl (2016), p. 302; Mossop (2016), p. 245; Tladi (2015), pp. 657 and 671–672.
20 Tanaka (2004), p. 486.
21 Tanaka (2004), pp. 483–486.
22 Ibid.
23 Ibid.
24 Ibid.
25 Ibid.
26 Art. 76 (4 to 8), UNCLOS; O’Leary et al. (2012), p. 602; Scott (2012), p. 856; Heidar (2004),
pp. 23–28.
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I. Aguiar Branco