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Who Governs the High Seas?

Creating, coordinating, and implementing international ocean policy is a complex and time-consuming endeavor.

August 10, 2017 — The earth’s surface is more than 70% ocean, more water than land, a mass of blue connecting disconnected green. Nation states claim up to 200 miles from their coasts as areas of “national jurisdiction” over which they have the power to exploit, consume, and regulate. But the vast majority of the ocean lies outside those boundaries—the high seas—an enormous reservoir of biodiversity that presents a very difficult challenge for governance and enforcement, for protection and sustainability.

In 1967 international diplomats, representing some 160 countries, began discussions and negotiations for what became in 1973 the United Nations Convention on the Law of the Sea (UNCLOS) that, in 1994, was ratified as a means “to define the rights and responsibilities of nations with respect to their use of the world’s ocean, establishing guidelines for businesses, the environment, and the management of marine natural resources.”

Since the ratification of the Law of the Sea, international experts have been considering and debating how to create a binding instrument to address the changing accessibility of marine areas outside national jurisdiction and the new technologies, increased scientific knowledge, and expanding resource demands that impact them.

Read the full story at HuffPost

Protecting the Untamed Seas

July 31, 2015 — SUPPOSE a group of scientists wanted to dump 100 tons of iron dust into the sea based on a controversial climate-change theory that the ore might spur the growth of plankton that absorb carbon dioxide. They can — one businessman did that in 2012.

Imagine if entrepreneurial engineers hoping to save clients millions of dollars were able to launch rockets into space from a platform in the middle of the ocean, far away from curious onlookers, heavy taxes and strict on-land regulations. They can — a company has been doing this for over a decade.

And what if pharmaceutical companies decide to rake the ocean floor for the next wonder drug, with minimal environmental oversight and no obligation to make the profits, research or resulting medicines public? They can — the research is already happening.

All of this is possible because the waters farther than 200 nautical miles from shore are generally outside of national jurisdiction and largely beyond government control. More than 40 percent of the planet’s surface is covered by water that belongs to everyone and no one, and is relatively lawless and unregulated.

Over the next two years, though, the United Nations intends to change this reality. After nearly a decade of discussion, it ratified a resolution in June to begin drafting the first treaty to protect biodiversity on the high seas.

The agreement will create a formal process for setting aside protected marine areas in international waters. Unlike on land, there is no legal framework on the high seas for creating areas that are off-limits to commercial activity. The treaty will also create procedures for environmental impact assessments and establish a method for the public to be informed about large-scale projects in these waters, including fishing, seabed mining, shipping, research and other activities.

Read the full story at The New York Times

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