Page 63 - BBC Wildlife Volume 36 #04

AGENDA OPINION

Mark Carwardine’s

AT A GLANCE...

27 LAW OF THE SEA

WHAT IS THE LAW OF starting point in adopt conservation measures
THE SEA? potential disputes). Countries have a duty and to cooperate with
to adopt conservation
The United Nations It continues to measures when others on conservation
Convention on the Law of the evolve, and over the fishing the high seas. initiatives. There are
Sea (UNCLOS) is an attempt years has become guidelines on the rights
to manage how everyone a substantial body for marine research,
uses the sea and make it fair of customs, treaties as well as promoting
and sustainable. Dubbed a and international the establishment
“constitution for two-thirds of agreements, which of national research
the planet”, it covers everything become enshrined in institutes and
from the definition of territorial the national laws of the exchange of
waters, marine pollution and its signatories. technologies. And
the rights of shipping traffic there are many other
to fisheries and mineral WHAT DOES IT DO? agreements covering
resources management. Critically, it created everything from pollution
12-nautical-mile (22.2km) to seabed use.
WHY WAS IT SET UP? territorial seas – with full
For a long time, a nation’s sovereignty – in which each DOES IT WORK?
territorial waters were country is free to enforce its ` IT WAS Broadly, yes, though
measured by the maximum own laws and regulations, GOOD FOR inevitably there are some
range of a cannon ball (three and to use any of its territorial gripes. Land pollution isn’t
nautical miles, or 5.6km) and resources. It also grants each PIRATES AND fully addressed – yet it is
everything else was a free- signatory state an Exclusive PROFITEERS responsible for 70 per cent of
for-all. It was good enough Economic Zone (EEZ), out to marine pollutants – and
for pirates and profiteers but 200 nautical miles (370km) BUT THERE neither is biodiversity (partly
there was no legal framework from shore, in which it has WAS NO LEGAL because its richness was
to control the chaos or reign exclusive rights to fisheries, poorly understood when the
in the unreasonable interests minerals and other resources. FRAMEWORK convention was originally
of greedy states. With more It allows for innocent passage TO CONTROL agreed) or the need for
and more commercial of ships through both Marine Protected Areas. And,
ship traffic, and countries territorial seas and EEZs, THE CHAOS.” of course, not all countries
venturing into deeper provided they do no harm have signed up: the USA, in
waters for fish and mineral or break any of the country’s particular, is not a signatory
resources, it was clear that laws (military ships need (even though it shaped the
the ‘freedom of the seas’ no special permission). And, original convention and still
longer worked in the modern among many other things, attends meetings). However,
world and desperately needed it set up the International thanks to lobbying by NGO
an upgrade. Tribunal for the Law of the groups such as the High Seas
Sea, which has jurisdiction Alliance and the International
WHEN WAS IT SET UP? over all disputes concerning Union for the Conservation
In a testament to how long the interpretation or MARK CARWARDINE of Nature, this year the UN
it can take countries to agree application of the convention. is a frustrated and opens negotiations for a
on anything, UNCLOS frank conservationist. new treaty on high seas
Every month he
was nearly 40 years in the WHAT ABOUT MARINE demystifies some of the biodiversity. So it continues
making. It eventually came CONSERVATION? most important issues to evolve and improve.
affecting the world’s
p Stephen/naturepl.com there were only 60 signatory an increasingly important the organisations + FIND OUT MORE
Marine conservation is
into force in 1994. Initially,
wildlife and assesses
that protect it.
countries, but now there are
element of the Law of the
Sea. It states, for example,
nearly 170 (and many of the
O Would you like to
Oceans and the Law of the
wildlifeletters@
seas, countries have a duty to
recognise it as a useful
Ph remaining 25 non-signatories that when fishing the high comment? Email Sea: www.un.org/depts/los
immediate.co.uk
April 2018 BBC Wildlife 63