Critical Perspectives on the New Situation of Global Ocean Governance

Abstract

Global ocean governance is the concretization of global governance. Various interest groups interact with and coordinate ocean issues. Global ocean governance is inevitably linked to the new global governance landscape. In recent years, a series of new scenarios in global governance have emerged. These situations have further shaped the plurality of participants and the diversity of mechanisms in global ocean governance. Science and technology innovation and application are prerequisites and prime movers for the evolution of global ocean governance. Major worldwide crises, represented by global climate change and the coronavirus disease 2019 pandemic, have added great uncertainty to the future development of global ocean governance. The divergence of interests and positions between emerging countries and developed countries, as well as the reshaping of the global geopolitical landscape in recent years, has led to the stagnation or deadlock of a series of international negotiations and international cooperation platforms related to global ocean governance. With the deepening of global governance, non-state actors are not only objects of ocean governance but also bearers of legal obligations and enjoy varying degrees of legal rights, participating in agenda setting, rule construction, and monitoring implementation at different levels of ocean governance. From a critical jurisprudence perspective, in the practice of global ocean governance, the relationship between non-governmental organizations, states, and international organizations is more likely to be one of reconciliation than the “state–civil society” dichotomy of moral imagination. This new set of circumstances exposes the divisive and fragmented nature of global ocean governance. This study concludes that the new situation of global ocean governance constitutes a historic opportunity for countries to reexamine the role of the rule of law during the Anthropocene to bridge the fragmentation and gaps in mechanisms and achieve a truly integrated, holistic, and closely nested global ocean governance. The question of how to implement the rule of law requires the introduction of theoretical perspectives such as the Anthropocene, complex systems theory, and the community of a shared future for humanity to undertake a fundamental critical reflection and rethinking of global ocean governance.