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Abstract
The United Nations has recently recognised the global community’s environmental interests in ocean governance through the Sustainable Development Goal 14. The marine environmental protection targets stand in need of rejuvenating international environmental law, which fosters interconnection between oceans, climate, and terrestrial ecosystems. The existing literature on this aspect of ocean governance, however, is segregated and lacks an ecosystem-based approach. Therefore, a comprehensive review of the literature on ocean governance with an ecosystem-based approach becomes essential and is conducted through this research. This research has proposed that ocean governance programmes and plans need to be re-arranged under established legal frameworks at national and regional levels. Such a challenge can be addressed by taking the elements of governance provided by the list of targets of sustainable development goals. This research has facilitated the given hypothesis via a meta-ocean-governance framework that incorporates a deliberate regional monitoring system, intergovernmental review, capacity building techniques, national action through strong institutions, scientific decision making, and policy coherence. The idea is to fit the conceptualisation of ocean governance under international environmental law in the existing initiatives within a box of institutions to coordinate and encourage an ecosystem-based approach.
Highlights
In 2018, the United Nations (UN) launched a formal intergovernmental consultation about a proposed global environmental treaty under the principles set forth the rights of erga omnes and ius cogens to a healthy environment [1]
As evident from the above analysis and discussion, innumerable literature has focused on ocean governance with the approach of “oceans as common community’s interest” with the principles of erga omnes and ius cogens
Such literature suggests that the treatment of SDG 14 through ocean governance as a policy issue is virtually about disconnected silos, and due to absence of plans and programmes, creates a clear need for re-arrangement
Summary
In 2018, the United Nations (UN) launched a formal intergovernmental consultation about a proposed global environmental treaty under the principles set forth the rights of erga omnes (towards all) and ius cogens (compelling law) to a healthy environment [1]. Nations Convention on the Law of the Sea (UNCLOS), recognising the principles of erga omnes and ius cogens for oceans ecosystems [2,3]. International Environmental Law (IEL) is the compelling law (ius cogens), oceans are considered as the common heritage of mankind (erga omnes) [4].
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