Ocean Governance
Earth's global commons are those areas that are not under the control of any single nation. They include
Antarctica, some air space, and the open ocean. The commons are seen by some as belonging to no one
and therefore exploitable by anyone, but by others as belonging to everyone and therefore to be protected
for the use of all, including future generations. The ocean commons include only the high seas outside of
national jurisdiction (territorial waters are usually up to 20 miles offshore, and Exclusive Economic Zones
(EEZs), within which certain economic development rights may be declared, may extend 200 miles off a
nation's shore). However, as sealife or pollution do not respect legal boundaries, protecting the open ocean
from harm requires management of coastal and land-based activities on behalf of the global commons.
National governments officially cooperate with one another on environmental conservation through several
formal institutions and instruments. Among these are the United Nations and its subunits; multilateral trade
and financial institutions like the World Trade Organization and the World Bank; and treaties and other inter-national
agreements, which may be bilateral, regional, or global. There are numerous international agreements
directly concerning the ocean as well as some that are not restricted to it, but are applicable. Adherence to
specific agreements may be voluntary or binding, but in either case the implementation is up to the individual
countries that sign the agreement. Monitoring and enforcement varies hugely among the various international
agreements, and the punishment for non-compliance is restricted to political and financial pressure from
other signatory countries. The most important agreements affecting the global ocean are described below:
- UN Convention on the Law of the Sea (UNCLOS): This, the most comprehensive of the ocean
treaties, lays out the protocol for the use and exploitation of the ocean and its resources by the nations
of the world. It also contains a section on environmental protection, obliging all nations "to protect and
preserve the marine environment."
- UN Conference on Environment and Development (UNCED) and the World Commission on
Environment and Development (WCED): In 1972, UNCED established the WCED which published
"Our Common Future" (1987) in which the importance of protecting the ocean was recognized. In
1992, world governments met again to discuss the global environment. This resulted in the "Rio
Declaration"--which establishes principles--and "Agenda 21"--a plan of action for addressing serious
issues of environment and human development, including degradation of marine systems.
- Convention on Biological Diversity (CBD): This comprehensive treaty, addressing both marine and ter-restrial
ecosystems, establishes a framework within which biodiversity can be protected. However, each
member country is given much discretion on whether, when, and how to implement it.
- Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES): This
global treaty, designed to protect individual species that are in trouble, is based on species lists catego-rized
as endangered, threatened, or listed. Marine species are currently poorly represented, largely because
so little is known about the status of most of them.
- International Whaling Commission (IWC): The IWC was established to implement the International
Convention for the Regulation of Whaling signed in 1946. It is an inter-governmental body that regu-lates
the hunting of the great whales (i.e., not including dolphins and porpoises) by setting number and
size limits, gear specifications, and temporary or permanent bans on particular species. An indefinite ban
on all commercial whaling was enacted in 1986, but some countries have refused to comply.
- Agreement for the Implementation of the Provisions of the Convention on the Law of the Sea of
December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and
Highly Migratory Fish Stocks: A section of UNCLOS (see above) provides for the protection of fish
that cross national borders and/or that migrate beyond the limits of a country's EEZ, but it does not
specify how that should be accomplished. Agenda 21 directed that implementation of this provision be
developed by signatory countries, and in 1995 such an agreement was negotiated and opened for signing.
It aims to prevent over-fishing and ease international tensions over competition for dwindling fish stocks.
- Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR): Negotiated in
1980, but still not ratified by enough countries to bring it into force, this fisheries treaty also protects
habitat and biodiversity. Covering the waters between the Antarctic continent and the Antarctic
Convergence (a current that circles the globe where cold polar waters meet warmer oceanic waters from
the north), it establishes conservation principles for all marine life except whales and seals (which are
covered by other treaties).
- Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter
(London Convention 1972 or LC72): This treaty regulates the disposal of land-generated wastes at sea.
It is based upon a black list (those that are prohibited) and a grey list (those that require a special per-mit).
Over the years it has come to prohibit more and more waste categories--trash, radioactive materi-als,
industrial wastes, and the ocean incineration of wastes. The only major categories it still permits are
dredged materials and sewage sludge that meet criteria laid out in a waste assessment procedure. Many
member countries, nonetheless, prohibit the dumping of sewage sludge.
- International Convention for the Prevention of Pollution from Ships (MARPOL): This is an
International Maritime Organization treaty that covers accidental spillage or purposeful dumping of ship
cargo or wastes generated on-board. This treaty's Marine Environmental Protection Committee recom-mends
incorporation of specific protective restrictions and guidelines into the treaty and the designation
of areas with special protection from shipping activities.
- Global Programme of Action for the Protection of the Marine Environment from Land-Based
Activities: The commitment to address land-based sources of marine pollution came from Agenda 21,
which resulted in an intergovernmental consultation culminating with a conference in Washington, DC in
1995. One result was the Global Programme of Action that outlines actions that nations should take to
reduce and eliminate pollution from land-based sources. Implementation by the signatory parties is non-binding
(voluntary); but it calls upon countries to expediently develop their own national action plans,
and it provides a framework within which poorer countries can ask for loans or grants from international
development banks (e.g., the World Bank) to finance implementation projects.
- International Convention on Persistent Organic Pollutants (under negotiation): Another result of the
1995 conference on the protection of the marine environment from land-based activities was a commit-ment
to a legally binding treaty governing the production and use of persistent organic pollutants. It is
currently being negotiated with a target date for signing in 2001.
Thorne-Miller, B. 1999. The Living Ocean: Understanding and Protecting Marine Biodiversity. Island Press:
Washington, DC.
de Klemm, C. and Shine, C. 1993. Biological Diversity Conservation and the Law: Legal Mechanisms for Conserving
Species and Ecosystems. Island Press: Washington, DC.
Wallace, R.L. (comp.). 1997. The Marine Mammal Commission Compendium of Selected Treaties, International
Agreements, and Other Relevant Documents on Marine Resources, Wildlife, and Environment. Vol. 1,2,3, and First Update.
Marine Mammal Commission: Bethesda, MD.
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