Ocean governance is the conduct of the policy, actions and affairs regarding the world's oceans. Within governance, it incorporates the influence of non-state actors, i.e. stakeholders, NGOs and so forth, therefore the state is not the only acting power in policy making. However, ocean governance is complex because much of the ocean is a commons that is not 'owned' by any single person or nation/state. There is a belief more strongly in the US than other countries that the "invisible hand" is the best method to determine ocean governance factors. These include factors such as what resources we consume, what price we should pay for them, and how we should use them. The underlying reasoning behind this is the market has to have the desire in order to promote environmental protection, however this is rarely the case. This term is referred to as a market failure. Market failures and government failures are the leading causes of ocean governance complications. As a result, humankind has tended to overexploit marine resources, by treating them as shared resources while not taking equal and collective responsibility in caring for them. Effective ocean governance requires robust international agreements. In short, there is a need for some form of governance to maintain the ocean for its various uses, preferably in a sustainable manner. Over the years, a number of international treaties have been signed in order to regulate international ocean governance. Current international policy goals to create more sustainable relations with the ocean are captured in Sustainable Development Goal 14 "life below sea".
Legal framework
There are two major international legal organizations that are involved in ocean governance on a global scale, the International Maritime Organization and the UNCLOS. The International Maritime Organization (IMO), which was ratified in 1958 is responsible mainly for maritime safety, liability and compensation and they have held some conventions on marine pollution related to shipping incidents.
IMO marine pollution conventions 1972 – Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (LDC) 1969 – International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties (INTERVENTION). 1973 – International Convention for the Prevention of Pollution from Ships, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78). 1990 – International Convention on Oil Pollution Preparedness, Response, and Cooperation (OPRC). 2000 – Protocol on Preparedness, Response and Cooperation to Pollution Incidents by Hazardous and Noxious Substances (HNS Protocol). The IMO sees the regulation of marine pollution as one of its most important responsibilities. In particular, the MARPOL convention is regarded as one of its greatest successes. The result of MARPOL has meant that oil pollution has decreased due to a change in equipment standards of oil tankers to prevent operational discharge of oil. However, the main organisation concerned with the economic, environmental, ethical, peace and security issues is the United Nations Convention on the Law of the Sea (UNCLOS).
United Nations Convention on the Law of the Sea (UNCLOS)
UNCLOS was first established under the Third UNCLOS in 1973 and fully ratified in 1982. The main aim was to adopt a regime of national seas and international waters on a global scale. It was agreed that the jurisdictional boundaries of individual states were to be enlarged to 200 nautical miles off a state's coastline. Coastal states were given greater rights to control these areas for protective purposes and the exploitation of natural resources. In total 38 million square nautical miles of ocean space was put under jurisdiction under the exclusive economic zones (EEZ) and the legal framework concerning the continental shelf and territorial sea were altered. However, the Convention did not come into full effect despite some progress between 1973 and 1982. This was mainly due to a dispute over mineral resources, particularly manganese nodules in the deep-oceans. Developing countries preferred treating these minerals as "common heritage," that via an international organization would allow them to benefit from a sharing of these resources. However, the developed world, in particular the United States, was not in favor of this and preferring a first-come, first-served approach, with some suggesting this position was based on self-economic interest. Only in 1994 did the United States renounce their objections so that the Convention could be enacted.
Institutions established by UNCLOS International Seabed Authority (ISA) – An independent international institution that came into force in 1994, with the aim of acting as a custodian of ocean commons (the Common Heritage of Mankind). However its main purpose is to regulate deep seabed mining. Commission on the Limits of the Continental Shelf (CLCS) – Assists states in affairs to do with the establishment of outer limits of their continental shelf. Regime for the Peaceful Settlement of Disputes and the International Tribunal for the Law of the Sea (ITLOS) – This was established to handle disputes with the application and interpretations of UNCLOS. The Meeting of the State Parties (SPLOS) - carried out to conform with the article 319, paragraph 2 (e) to the LOSC Convention and is concerned with administrative matters.
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