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Introductory Remarks by Catherine Redgwell
Published online by Cambridge University Press: 28 March 2018
Extract
Although negotiated as a “package deal,” ostensibly comprehensive in scope and universal in its participation, the 1982 United Nations Convention on the Law of the Sea (UNCLOS) was always intended to be capable of further evolution and development. Inevitably strategic interests change over time, and “economic and technological developments have increased the ability to access and harvest the [living and nonliving] resources of the sea and the seabed.” At the same time our knowledge of the oceans, the earth's largest ecosystem (~1.3 billion km3), has continued to evolve, despite large gaps that remain in our understanding.
- Type
- Regulating the Global Commons: The BBNJ Negotiations and Ocean Spaces Beyond National Jurisdiction
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- Copyright
- Copyright © by The American Society of International Law 2018
Footnotes
This panel was convened at 3:00 p.m., Friday, April 14, 2017, by its moderator, Catherine Redgwell of the University of Oxford, who introduced the panelists: Harriet Harden-Davies of the Australian National Centre for Ocean Resources and Security at the University of Wollongong; Angel Horna, Legal Advisor of the Permanent Mission of Peru to the United Nations; Penelope Nevill of 20 Essex Street and King's College, London; and Robin Warner of the Australian National Centre for Ocean Resources and Security at the University of Wollongong.
References
1 See Caminos, Hugo & Molitor, Michael, Progressive Development of International Law and the Package Deal, 79 AJIL 871 (1985)Google Scholar; James Harrison, Making the Law of the Sea: A Study in the Development of International Law (2011).
2 And famously referred to as a “constitution for the oceans” in Remarks by Tommy T.B. Koh of Singapore (President of UNCLOS III), available at http://www.un.org/depts/los/convention_agreements/texts/koh_english.pdf.
3 Boyle, Alan, Further Development of the 1982 Convention on the Law of the Sea: Mechanisms for Change, in The Law of the Sea: Progress and Prospects 40–41 (Freestone, David, Barnes, Richard & Ong, David eds., 2006)Google Scholar; see generally Law of the Sea: UNCLOS as a Living Treaty (Jill Barrett & Richard Barnes eds., 2016).
4 Evans, Malcolm, The Law of the Sea, in International Law 651–87, 652 (Evans, Malcolm ed., 4th ed. 2014)Google Scholar; Posner, Eric & Sykes, Alan, The Economic Foundations of the Law of the Sea, 104 AJIL 569 (2010)Google Scholar.
5 See Rayfuse, Rosemary & Warner, Robin, Securing a Sustainable Future for the Oceans Beyond National Jurisdiction: The Legal Basis for an Integrated Cross-Sectoral Regime for High Seas Governance for the 21st Century, 23 Int'l J. Marine & Coastal L. 391, 402 (2008)Google Scholar; David Freestone, Governance of Areas Beyond National Jurisdiction: An Unfinished Agenda?, in Barrett & Barnes, supra note 3.
6 Catherine Redgwell, The Never Ending Story: The Role of GAIRS in UNCLOS Implementation in the Offshore Energy Sector, in Barrett & Barnes, supra note 3, at 167.
7 Nonetheless, there is cooperation between the International Seabed Authority and the secretariat of the CBD, and in 1998 the latter was accorded observer status in the Authority pursuant to rule 82(1)(d) of the Authority's Rules of Procedure. Statement of the President on the Work of the Assembly at the Fifth Session, Aug. 27, 1998, Doc ISBA/5/A/14, at para. 5, available at https://www.isa.org.jm/sites/default/files/files/documents/isba-5a-14_1.pdf. The legal foundation for “suitable arrangements” for consultation and cooperation with international organizations and NGOs recognized by ECOSOC is Article 169 of UNCLOS. See also Harrison, supra note 1, at 128–29.