Implementing high seas biodiversity conservation: global geopolitical considerations

Abstract

Abstract This article will consider the broad geopolitical considerations in measures towards biodiversity conservation and governance of high seas areas. Traditionally, international law has provided for jurisdiction based upon flag State in high seas areas, and States have shown themselves reluctant to depart from this model. International organisations with responsibility for high seas living resource management have proven, in many cases, to be of limited utility in the sustainable management of high seas resources. This traditional norm of flag State jurisdiction, while still dominant, is now being joined by the use of supra-national management in the context of regional fisheries organisations under the United Nations Fish Stocks Agreement. Part of the reason for this limited effectiveness is the focus of individual States on national interest, which may undermine international cooperation. The paper explores what mechanisms exist within international law that would permit a more effective management of high seas biodiversity conservation, and how these may be used to combat the erosion of the effectiveness of measures by individual State interests. Recognition of geopolitical factors that undermine cooperation in biodiversity conservation, and active efforts to address these matters, will prove essential in the establishment of a successful regime for high seas areas.