Geoscience Reference
In-Depth Information
al property over new discoveries not only vis-à-vis less scientifically and technologically
advanced nations, but also vis-à-vis future generations, and the need to avoid commodific-
ation of nature.
Perceptions and approaches do play a role in the way we tackle our relationship with
the oceans. A more holistic approach based on an ecosystem approach to ocean areas and
resources is needed - one which also recognizes the importance of indigenous and local
knowledge. The ecosystem approach has been codified, based on past successful experien-
ces of a harmonious relationship of peoples with the ocean (although its application around
the world has been very uneven), and should now be implemented extensively, including
through the application of tools which benefit from an increasing recognition in relevant
policy forums, such as the tool of marine spatial planning.
ThehistoryoftheUNCLOSanditsprovisionsandinstitutionshavecreatedasituation
whereby '… today, the rules set out in the LOS Convention correspond to customary inter-
At the same time, evolution in the norms is sometimes necessary, hence the challenges to
ensure that the legal instruments of which we dispose today can evolve so as to accommod-
ate the new developments with which the oceans are currently faced.
The reality of routine observations, such as in relation to the collection of meteorolo-
gical information, which are notexplicitly reflected inrelevant provisions ofthe UNCLOS,
have not resulted in restrictions on conducting observations which tend to be considered
to be in the common interest of all countries and to have universal significance, also be-
cause they guarantee developing countries' participation in the observational activities on
an equitable basis. Quite on the contrary to the very positive collaborative climate faced
by international scientific cooperation for the purpose of conducting observations, defining
approaches and modalities to access and for sharing the benefits arising out of the exploita-
tion of resources in areas beyond national jurisdiction, including from the point of view of
the conduct of related marine scientific research activities, is proving extremely difficult.
This is why the current debate on the adequacy of UNCLOS in the light of the inter-
national access and benefit-sharing standards established by other instruments is so alive.
