Chapter 32. Governing the Blue: Governance of Areas Beyond National Jurisdiction in the Twenty-First Century

Abstract

The United Nations Convention on the Law of the Sea (LOSC) high-seas framework was transformed by the new concerns for ecosystem maintenance and conservation of biological diversity introduced by the UNCED in 1992, but these have focused primarily on high seas fisheries, notably through the 1995 UN Fish Stocks Agreement and the large number of non-binding instruments that have followed it. The Sargasso Sea is the world's only sea not bordered by mainland coasts; only the tiny islands of Bermuda have direct coastal frontage. The governance of areas beyond national jurisdiction is probably the most pressing marine issue facing the world community. This chapter has sought to set out the key risks that high seas areas face, the plethora of bodies with regional and sectoral jurisdiction but also the lacunae - the regulatory and governance gaps that remain. Keywords: Bermuda; high seas fisheries; LOSC ; national jurisdiction; Sargasso Sea