The international legal, policy and institutional framework for the high seas environment: an evaluation

Abstract

The seas and oceans of the world, including the high seas, occupy more than 65% of Earth surface. These expansive maritime spaces are in peril due to the deteriorating conditions of the marine environment posing dangers to fisheries, coasts and beaches, coral reefs, species- rich coastal wetlands, other important ecosystems and the open seas and oceans. The main causes of marine pollution and degradation are land based sources and activities, sea based sources and activities, including through atmospheric inputs. There are legal, policy and institutional responses to contemporary marine environmental problems, including the high seas which are the central focus of this study. The high seas' environment, as a global commons, is arguably the least protected under the current marine environmental law. Therefore, this study seeks to evaluate legal, policy and institutional frameworks for the protection, regulation and enforcement of the high seas' environment. The specific objectives of the study include; firstly, a discussion on the problem of marine pollution and efforts towards the protection and preservation of the high seas' environment, mainly covered under Chapters I and 2. Chapter 1 covers general introductions and statement of the research problem. Chapter 2 discusses the marine degradation and pollution problem, while the historical and ideological foundations of marine environmental law are covered in Chapter 3. The key finding is that marine degradation and pollution problems are not only serious but they are actually increasing in most seas and oceans. Secondly, a discussion on the perceived weaknesses and shortcomings of the existing legal, policy, and institutional frameworks for the protection of the high seas environment, covered under Chapters 4 and 5. Chapter 4 focuses on the efficacy of the various legal instruments established to tackle high seas' environmental problems while Chapter 5 deals with the efficacy of the existing institutional frameworks. The key finding is that the many legal, policy and institutional frameworks in existence are largely not efficacious to protect the high seas environment, thus necessitating consideration for an international agency for high seas environmental protection. xviii

Thirdly, suggested legal and institutional options and directions for better protection, regulation and enforcement of the high seas' environment, covered under Chapters 6 and 7. Chapter 6 makes a case for the establishment of a global regulatory and enforcement agency for the high seas' environment and seeks to show that international regulation offers the best means of ensuring a generally accepted minimum level of environmental protection. Chapter 7 provides a portrait of the proposed high seas' environmental agency and addresses both the conceptual, structural and operational bases and features of the proposed agency. They key finding is that the proposed high seas agency is not only needed, but is also feasible and worthy of serious consideration. Key recommendations of the study, covered in Chapter 8 include: need for reform of international environmental governance; better coordination of international environmental organizations; and establishment of the high seas environmental agency. The study was primarily library and desk top based research with most sources being secondary.