Ecology, law, and the ‘Marine Revolution’

Abstract

The attainment of a world-wide high standard of living depends upon vastly increased resource exploitation, including the seas. Man's exploitive activities heretofore have simplified environments, reducing their stability and leading to ecosystem collapse (Fig. 1). Ecosystem ecology is rarely definitive; however, laws by which Man regulates his activities should be subject to change according to ecosystem reality. Many historically-developed modes of human activity make little sense ecologically. What we may call the ‘Marine Revolution’ follows the Agricultural and Industrial Revolutions as a significant change in Man's relationship with his environment. Advanced technology for ocean research and development are becoming available, but cultural and legal frameworks for regulation have not matured. A major problem in the development of a marine tradition whereby Man will not destroy marine ecosystems lies in the application of ecological ‘laws’ to our activities at sea. The uses of the seas are for fisheries, minerals, and mining, for furthering military interests, and for recreation. Science and technology are advanced for all of these, while conservation attempts to integrate them wisely. Legal régimes for regulation stem mainly from the four Geneva Conventions which formalize a three-and-a-half-centuries-old history of marine law. These Conventions themselves emphasize that marine law needs modification along new lines. Debate intensifies over régimes of res nullius (belonging to no one) versus res communis (property of the community) for ocean exploitation. This paper concludes that exploitive ‘conquest’ can no longer serve as a guide for Man's use of the sea. An emphasis must be given to marine ecosystems and to the rôle of the marine ecologist in the oceanological debate. In the past, provincialism and tradition have stood in the way of international control of ocean-resource use. Should an over-riding consideration be given to ecology and to internationalism, the Marine Revolution will affect Man's future life far more beneficially than a mere evaluation of resources alone would indicate.