Vu of science, the observation is clear: the ocean is a whole. On the biological, biogeochemical and physical levels, it constitutes the same global, continuous entity, connected to other entities such as the climate, biodiversity or even humanity. It is also recognized that because of the essential role it plays in the functioning of the planet, in the production of life on Earth and the regulation of the climate, it should be protected against the shocks and pressures that unbalance it. and weaken it.
In the framework of “planetary boundaries” (conceptualized in 2009 by Swedish scientist Johan Rockström), the ocean must quickly benefit from a protective and restorative governance regime that is effective and efficient, beyond declarations of intent or non-binding normative texts. In order to mitigate the threat that some oceanographers, such as Daniel Pauly, do not hesitate to describe as“aquacalypse”it is a question of reorganizing around a common interest linked to the ocean, but also of putting protective measures into practice and ensuring that they are respected and effective, such as the percentage of truly protected marine areas, the prohibition of certain fishing practices or even the debates on the exploration and mining of the deep sea.
The notion of “common” offers a serious and promising lead. Reappeared on the world stage thanks to the work of the American political scientist and economist Elinor Ostrom, the old question of the “commons” (commons, in English), applied to natural resources and the environment, is agitating the oceanic world today. While the ocean is regularly polarized between two types of opposing visions, whistleblowers, scientists and committed citizens on the one hand, managers and private actors of “blue economy” on the other hand, are involved in making the ocean a common in order to ensure its sustainability.
” Far west “
Between freedom of movement and desire for appropriation, sovereignty and ownership, divergent visions can lead to tensions between sea users and conflicts between States or groups with opposing interests. The ocean is a theater of greed and clashes, which therefore needs to be regulated and regulated.
International law, in particular the law of the sea, governs the maritime areas under the sovereignty or jurisdiction of coastal States. It is based on the United Nations Convention on the Law of the Sea, signed in 1982 in Montego Bay. This convention distinguishes areas under national sovereignty: territorial waters, contiguous zones, exclusive economic zones, the continental shelf (and extended continental shelf). Beyond that are international waters (the high seas) and the seabed, referred to as “the area,” beyond the continental margins.
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