Oceans Governance and Maritime Strategy

By David Wilson; Dick Sherwood | Go to book overview

1
The new ocean regime:
facilitating implementation,
compliance and evolution
Edward L. Miles

Even before the end of the Third United Nations Conference on the Law of the Sea (UNCLOS III) in 1982, work had begun in dealing with issues of implementing the Law of the Sea Convention (LOSC), including the questions of oceans governance, which are implied by the Convention at global, regional (international), and national levels. It began at the global and regional (international) levels, 1 with a considerable amount of attention focused initially on issues related to fisheries because they remained among the most contentious of oceans management issues, 2 then shifting to problems of institutional design at the national level, which formed barriers to the development of integrated national oceans policy. 3 The latter is crucial if we are ever fully to realise the potential created by the Convention. A recent series of papers for the Southeast Asian Program in Ocean Law, Policy and Management (SEAPOL) and the Law of the Sea Institute, have dealt at the global level outlining the holes in the regime that should be filled and the changes in management approaches, which appear to be necessary. 4 It comes now to the final stone in the edifice: a comprehensive statement of how we can facilitate implementation of and compliance with the Convention in an attempt to construct a desirable future in the face of the disorderliness of state practice and decentralised evolution.

There is a need to be proactive in attempting to shape a desired future because the present Convention is the best balance the world is likely to achieve between extending coastal state jurisdiction and preserving the navigational and other rights of the international

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