Ocean and Atmosphere Governance
The oceans and atmosphere are critical global commons that provide essential ecosystem services, regulate climate, and support human livelihoods. Their governance involves complex international frameworks that attempt to balance exploitation with conservation.
Key Definition: Ocean and atmosphere governance refers to the international laws, agreements, and institutions that regulate human activities in the world's oceans and atmosphere, aiming to prevent overexploitation and environmental degradation.
The United Nations Convention on the Law of the Sea (UNCLOS)
UNCLOS (1982, entered into force 1994) is often called the 'constitution of the oceans'. It establishes a comprehensive framework for the governance of the world's oceans.
Maritime Zones
UNCLOS divides the ocean into distinct zones with different rights and responsibilities:
| Zone | Distance from Shore | Coastal State Rights |
|---|
| Territorial Sea | 0-12 nautical miles | Full sovereignty; foreign vessels have right of innocent passage |
| Contiguous Zone | 12-24 nautical miles | Rights to enforce customs, immigration, and sanitation laws |
| Exclusive Economic Zone (EEZ) | 0-200 nautical miles | Sovereign rights over natural resources (fishing, minerals, energy); other states have freedom of navigation |
| Continental Shelf | Up to 350 nautical miles (if geologically justified) | Rights to seabed resources beyond the EEZ |
| High Seas | Beyond 200 nautical miles | Open to all states; freedom of navigation, fishing, scientific research |
| The Area | Seabed beyond national jurisdiction | Common heritage of mankind; governed by the International Seabed Authority |
Key Principles of UNCLOS
- Freedom of navigation — all states have the right to sail their ships through international waters
- Innocent passage — foreign vessels may pass through territorial seas if passage is peaceful and continuous
- Common heritage of mankind — mineral resources on the deep seabed beyond national jurisdiction belong to all of humanity and are governed by the International Seabed Authority (ISA)
- Environmental protection — states have an obligation to protect and preserve the marine environment
- Dispute settlement — UNCLOS establishes the International Tribunal for the Law of the Sea (ITLOS) in Hamburg
Limitations of UNCLOS
- The USA has not ratified UNCLOS, though it generally follows its provisions as customary international law
- EEZ claims can overlap, creating disputes (e.g., the South China Sea, discussed in Lesson 10)
- Enforcement on the high seas is weak — illegal fishing and pollution are difficult to monitor and punish
- UNCLOS was drafted before modern concerns about deep-sea mining, plastic pollution, and marine biodiversity loss — it needs updating
Exclusive Economic Zones (EEZs)
EEZs are one of the most significant innovations of UNCLOS, giving coastal states resource rights over vast ocean areas.
Key Facts
- EEZs cover approximately 38% of the ocean's surface — an area roughly equal to the total land surface of the Earth
- The country with the largest EEZ is France (due to its overseas territories), followed by the USA, Australia, and Russia
- EEZs contain approximately 90% of the world's commercially exploited fish stocks
- They also contain significant oil, gas, and mineral resources on the continental shelf
EEZ Disputes
- Overlapping claims — where countries' 200-nautical-mile zones overlap, disputes can arise (e.g., Greece-Turkey in the Aegean Sea)
- Extended continental shelf claims — countries can claim seabed rights beyond 200 nautical miles if they can demonstrate geological continuity; Russia, Canada, and Denmark have submitted competing claims to the Arctic seabed, including the Lomonosov Ridge
- Island sovereignty — control of small islands can extend EEZ claims enormously, motivating disputes like the Falklands/Malvinas, Spratly Islands, and Senkaku/Diaoyu Islands
High Seas Governance
The high seas — ocean areas beyond national jurisdiction — present the most significant governance challenges.
Current Situation
- The high seas cover approximately 64% of the ocean's surface and 43% of the Earth's surface
- They are governed by the principle of freedom of the seas — all states have the right to navigate, fish, and conduct scientific research
- However, this freedom has led to overexploitation — the tragedy of the commons in action
Challenges
- Overfishing — approximately 35% of global fish stocks are overexploited (FAO, 2022); destructive practices like bottom trawling damage deep-sea ecosystems
- Illegal fishing — IUU (illegal, unreported, unregulated) fishing is estimated to be worth $10-23.5 billion annually
- Plastic pollution — the Great Pacific Garbage Patch covers an area roughly three times the size of France; an estimated 8 million tonnes of plastic enter the oceans annually
- Biodiversity loss — deep-sea ecosystems are among the least understood and most vulnerable on Earth
The High Seas Treaty (2023)
In June 2023, the UN adopted the High Seas Treaty (Biodiversity Beyond National Jurisdiction, or BBNJ Agreement):
- Establishes a framework for creating Marine Protected Areas (MPAs) on the high seas
- Requires Environmental Impact Assessments for activities on the high seas
- Establishes rules for sharing benefits from marine genetic resources
- Aims to support the '30 by 30' target — protecting 30% of the ocean by 2030
- A major breakthrough after nearly 20 years of negotiations
Deep-Sea Mining
Deep-sea mining is an emerging issue that tests the governance of the global commons.
What Is at Stake?
- The deep seabed contains vast deposits of polymetallic nodules (containing manganese, nickel, cobalt, copper), cobalt-rich crusts, and polymetallic sulphides
- These minerals are critical for renewable energy technologies — batteries, wind turbines, solar panels
- The International Seabed Authority (ISA), based in Kingston, Jamaica, has issued 31 exploration contracts covering approximately 1.5 million km² of seabed
The Debate
Arguments for Deep-Sea Mining:
- Essential minerals for the green energy transition
- The deep seabed contains more cobalt, nickel, and manganese than all land reserves combined
- Could reduce dependence on politically unstable land-based suppliers (e.g., DRC for cobalt)
- Regulated mining could be conducted with environmental safeguards