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Identifying new pathways for ocean governance: The role of legal principles in areas beyond national jurisdiction

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  • Houghton, Katherine

Abstract

This paper seeks to illustrate the role of principles in an emerging regime for the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (ABNJ). While certainly not a standalone solution for a complex issue, principles nonetheless serve an essential function in regime-building, bridging legal and governance processes to identify new ways forward. Given the fundamental questions of international law at hand – the restriction of the freedoms of the high seas, the nature of UNCLOS as a “living instrument” and the need to engage in innovative practice spanning law and governance – it comes as no surprise that discussions on the future of ABNJ have been highly polarized. Principles offer points of convergence to address both the “regulatory gaps” and “implementation gaps” identified and serve the structural needs of both law and governance to produce dynamic change in the protection of marine biodiversity in ABNJ. Through their function as precursors to rules, principles prepare a common space for the emergence of a regime and give it a set of mechanisms through which it can strengthen its connections to the diversity of instruments and institutions involved in addressing a multifaceted problem. A statement of principles to strengthen the conservation and sustainable use of marine biodiversity in ABNJ – many of which constitute customary international law – would therefore be a logical and constructive next step in this on-going process.

Suggested Citation

  • Houghton, Katherine, 2014. "Identifying new pathways for ocean governance: The role of legal principles in areas beyond national jurisdiction," Marine Policy, Elsevier, vol. 49(C), pages 118-126.
    • Handle: RePEc:eee:marpol:v:49:y:2014:i:c:p:118-126
    DOI: 10.1016/j.marpol.2014.04.007
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    References listed on IDEAS

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    1. Töpfer, Klaus & Tubiana, Laurence & Unger, Sebastian & Rochette, Julien, 2014. "Charting pragmatic courses for global ocean governance," Marine Policy, Elsevier, vol. 49(C), pages 85-86.
    2. Ardron, Jeff A. & Rayfuse, Rosemary & Gjerde, Kristina & Warner, Robin, 2014. "The sustainable use and conservation of biodiversity in ABNJ: What can be achieved using existing international agreements?," Marine Policy, Elsevier, vol. 49(C), pages 98-108.
    3. Rochette, Julien & Unger, Sebastian & Herr, Dorothée & Johnson, David & Nakamura, Takehiro & Packeiser, Tim & Proelss, Alexander & Visbeck, Martin & Wright, Andrew & Cebrian, Daniel, 2014. "The regional approach to the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction," Marine Policy, Elsevier, vol. 49(C), pages 109-117.
    4. Oecd, 2013. "Documents and legal texts," Nuclear Law Bulletin, OECD Publishing, vol. 2012(2), pages 167-270.
    5. Oecd & Nea, 2012. "Documents and legal texts," Nuclear Law Bulletin, OECD Publishing, vol. 2012(1), pages 147-229.
    6. Ocde & Aen, 2012. "Documents et textes juridiques," Bulletin de droit nucléaire, Éditions OCDE, vol. 2012(1), pages 161-251.
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    Citations

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    Cited by:

    1. Tim Stephens, 2022. "Global ocean governance in the Anthropocene: From extractive imaginaries to planetary boundaries?," Global Policy, London School of Economics and Political Science, vol. 13(S3), pages 76-85, December.
    2. Dona Barirani, 2022. "A UN Treaty for Marine Biodiversity: Establishing Environmental Policy Integration in Global Governance," Global Policy, London School of Economics and Political Science, vol. 13(3), pages 390-400, June.
    3. Mingfei Ma & Xinyang Liu, 2023. "The Control of Microplastic Pollution in Semi-Closed Seas: Good-Faith Cooperation and Regional Practice," Sustainability, MDPI, vol. 15(16), pages 1-12, August.
    4. Dan Liu, 2022. "The Interplay between the CAOF Agreement and BBNJ Agreement: A Chinese Perspective," Sustainability, MDPI, vol. 14(21), pages 1-18, November.
    5. Khadija Zulfiqar & M Jahanzeb Butt, 2021. "Preserving Community’s Environmental Interests in a Meta-Ocean Governance Framework towards Sustainable Development Goal 14: A Mechanism of Promoting Coordination between Institutions Responsible for ," Sustainability, MDPI, vol. 13(17), pages 1-25, September.

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