Geoscience Reference
In-Depth Information
12.4.3 The whole ocean
The United Nations Convention on the Law of the Sea (cf.
Chapters 2
,
9
,
and
10
; in this
topic, UNCLOS is also seen from the perspective of possible analogies with the space law
regime, as presented in
Chapter 11
) is the most comprehensive instrument available for
achievingadequategovernanceoftheopenocean,basedontwoprinciples:(i)that'theprob-
lems of ocean space are closely interrelated and should be considered as a whole', and (ii)
the common heritage of humankind principle (which only applies to the area). The defin-
ition of this notion given by Dr Pardo in 1967 (see e.g. Kullenberg
et al
.,
2012
) includes:
only peaceful use, freedom of access and use with regulation for the purpose of conserving
the heritage and avoiding discrimination of the rights of others, responsibility for misuse,
and equitable distribution of benefits from exploitation of the heritage. This notion is thus
muchdifferentfromthenotionofcommonproperty,whichimpliesrighttouse(andmisuse).
The two principles should be taken together, thus providing for integration and comprehens-
iveness. The Convention promotes an order for peace and comprehensive human security
is that the ocean must be used for the benefit of all and not only in the interests of a few
be complemented by a proactive enforcement and possible expansion of the scope of applic-
ation of these two principles.
Together with other instruments, UNCLOS provides the basis on which to build the re-
quired education and capacity of populations regarding the rules and regulations which can
help them to register and communicate about their rights to marine resources, the adequate
protection of these resources, and their sustainable use and equity of distribution, including
the open ocean and the coastal zone. This notion is made operational, inter alia, through the
IOC Criteria and Guidelines on the Transfer of Marine Technology (IOC,
2005
), which con-
sistently with Part XIV of UNCLOS should enable all parties concerned to benefit, on an
equitable basis, from the area of marine sciences.
