The functional territorialization of the high seas

Abstract

The governance of Areas Beyond National Jurisdiction (ABNJ) is shifting. As governance institutions expand and thicken, there is a multiplication of functional spaces governing conservation, the sustainable use of marine resources, and safety at sea in ABNJ. In contrast to enclosure approaches, which focus on economic exploitation in near-shore areas, this paper uses the concept of functional territorialization to survey and describe the area-based management and use of the high seas. It argues that this drive to territorialize the high seas is not primarily due to a particular effectiveness of area-based management tools but is driven by deeper-lying trends towards the managerialization or “taming” of maritime spaces to make them safe for human activity and exploitation. The future of the oceans will be a polycentric patchwork of functional governance areas.