November 3, 2021 — The challenge of achieving sustainable ocean governance is growing in the 21st century, as the negative impacts of environmental destruction, over-exploitation, and climate change place a high degree of stress on marine ecosystems.
The framework convention for ocean governance, the United Nations Convention on the Law of the Sea (UNCLOS), was negotiated in the 1970s and ‘80s. At the time, its provisions on environmental protection, common resource ownership, and the 200 nautical mile Exclusive Economic Zone (EEZ) were novel and radical additions to global commons governance. The so-called “Constitution for the Oceans” established the basic rights and obligations of different groups in the international community, including coastal states, flag states, port states, and landlocked states. UNCLOS covers all major ocean activities, and divides ocean space into global commons and national zones of control. The negotiation and entry into force of UNCLOS represented a major accomplishment for the international community, and the larger project of global governance. The principles, norms, rights, and duties enshrined in UNCLOS serve as a guide for the collective management of common resources by states.