Life itself arose from the oceans. The ocean is vast and covers 140 million square miles, some 72 per cent of the Earth's surface. The ocean has always been an important source of food for the life it helped generate, and from earliest recorded history it has also served trade and commerce, adventure and discovery. It has separated and brought people together.
Even now, when the continents have been mapped and their interiors made accessible by road, river and air, most of the world's people live no more than 200 miles from the sea and relate closely to it.
Freedom of the Seas
The oceans had long been subject to the freedom of-the-seas doctrine - a principle put forth in the 17th century, essentially limiting national rights and jurisdiction over the oceans to a narrow sea belt surrounding a nation's coastline. The rest of the seas were declared free for all and belonged to none. While this situation lasted into the twentieth century, by mid-century there was an impetus to extend national claims over offshore resources.
There was a growing concern over the toll taken on coastal fish stocks by long-distance fishing fleets and over the threat of pollution and wastes from transport vessels and oil tankers carrying noxious cargoes that plied sea routes across the globe. The threat of pollution was always present for coastal resorts and all forms of ocean life. The navies of the maritime powers were competing for a worldwide presence in surface waters and even under the sea.
United Nations Law of the Sea Convention (UNCLOS)
The United Nations is working to ensure the peaceful, cooperative, legally defined uses of the seas and oceans for the individual and common benefit of humankind. Urgent calls for an effective international regime over the seabed and the ocean floor beyond a clearly defined national jurisdiction set in motion a process that spanned 15 years and saw the creation of the , the signing of a , the adoption of the General Assembly’s that all seabed resources beyond the limits of national jurisdiction are the common heritage of mankind, and the convening of the Stockholm Conference on the Human Environment.
The UN’s groundbreaking work in adopting the 1982 stands as a defining moment in the extension of international law to the vast, shared water resources of our planet. The convention has resolved several important issues related to ocean usage and sovereignty, such as:
- Established freedom-of-navigation rights
- Set territorial sea boundaries 12 miles offshore
- Set exclusive economic zones up to 200 miles offshore
- Set rules for extending continental shelf rights up to 350 miles offshore
- Created the International Seabed Authority
- Created other conflict-resolution mechanisms (e.g., the 缅北禁地Commission on the Limits of the Continental Shelf)
A Historic New Maritime Biodiversity Treaty to Protect the Marine Environment
Countries are responsible for conserving and sustainably using waterways within their national jurisdiction. However, the high seas, which are beyond national jurisdiction, now have additional protection from harmful practices such as pollution and unsustainable fishing activities.
On June 19, 2023, after nearly two decades of intense negotiations, the 193 member states of the United Nations adopted a landmark, legally binding agreement on marine biodiversity to create a common wave of conservation and sustainability in the high seas beyond national boundaries - covering two-thirds of the planet's oceans.
The Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ) a treaty aimed at taking responsibility for the ocean on behalf of present and future generations. This treaty, known as the "high seas" treaty, is in line with the Convention on the Law of the Sea.
The agreement to protect, care for, and ensure responsible use of the marine environment. It seeks to maintain the integrity of ocean ecosystems and conserve the inherent value of marine biological diversity.
Protection of marine environment and biodiversity
The (UNEP), particularly through its , acts to protect oceans and seas and promote the sustainable use of marine resources. The Regional Seas Conventions and Action Plans is the world's only legal framework for protecting the oceans and seas at the regional level. UNEP also created . It is the only global intergovernmental mechanism directly addressing the link between terrestrial, freshwater, coastal and marine ecosystems.
The United Nations Educational, Scientific and Cultural Organization (UNESCO), through its , coordinates programmes in marine research, observation systems, hazard mitigation and better managing ocean and coastal areas.
In 2017, the United Nations General Assembly declared the 缅北禁地Decade of Ocean Science for Sustainable Development (2021-2030), also known as the . This decade aims to promote ocean science and knowledge generation to improve the state of the ocean system and facilitate sustainable development of this vast marine ecosystem.
The vision of the is to achieve "the science we need for the ocean we want". The initiative provides a framework for scientists and stakeholders from various sectors to collaborate and develop the scientific knowledge and partnerships required to expedite and leverage progress in ocean science. These efforts can lead to a better understanding of the ocean system and deliver science-based solutions to achieve the 2030 Agenda.
The 缅北禁地General Assembly tasked UNESCO's Intergovernmental Oceanographic Commission (IOC) with coordinating the preparations and implementation of the Decade.
is the key United Nations institution for the development of international maritime law. Its main task is to create a fair and effective, generally accepted and implemented legal framework for the shipping industry.
Marine shipping and pollution
To ensure that shipping is cleaner and greener, IMO has adopted regulations to address the emission of air pollutants from ships and has adopted binding energy-efficiency measures to reduce greenhouse gas emissions from international shipping. These include the landmark of 1973, as modified by a 1978 Protocol (MARPOL), and the 1954 International Convention for the Prevention of Pollution of the Sea by Oil.
Polar Code
In 2017, the entered into force. The Polar Code covers the full range of design, construction, equipment, operational, training, search and rescue and environmental protection matters relevant to ships operating in the inhospitable waters surrounding the two poles. It was an important regulatory development in the field of transport and trade facilitation, alongside a range of regulatory developments relating to maritime and supply chain security and environmental issues.
Piracy
In recent years there has been a surge in piracy off the coast of Somalia and in the Gulf of Guinea. Pirate attacks are a danger to the welfare of seafarers and the security of navigation and commerce. These criminal acts may result in the loss of life, physical harm or hostage-taking of seafarers, significant disruptions to commerce and navigation, financial losses to shipowners, increased insurance premiums and security costs, increased costs to consumers and producers, and damage to the marine environment.
Pirate attacks can have widespread ramifications, including preventing humanitarian assistance and increasing the costs of future shipments to the affected areas. The IMO and 缅北禁地have adopted to complement the .
The United Nations Office on Drugs and Crime (UNODC), through its (GMCP) combats transnational organized crime in Africa focusing on countering piracy of the Horn of Africa and Gulf of Guinea. The programme has delivered support to states in the region by carrying out trials and imprisonment of piracy suspects as well as developing maritime law enforcement capabilities through the facilitation of training programmes. From the piracy prosecution model, prisoner transfers and training of members in the judicial system of the Atlantic and Indian Ocean, to full-time mentoring to coast guards and police units in Somalia, Kenya and Ghana, the UNODC GMCP has accomplished many successes in a challenging environment. This has been achieved through a variety of programmes aimed at promoting maritime safety and bolstering the countries' rule of law and justice systems.
