UN General Assembly Resolution 2574 D (XXIV) (Moratorium Resolution) Question of the Reservation Exclusively for Peaceful Purposes of the Sea-Bed and the Ocean Floor, and the Subsoil Thereof, Underlying the High Seas Beyond the Limits of Present National Jurisdiction, and the Use of Their Resources in the Interests of Mankind

2012 ◽  
Vol 27 (4) ◽  
pp. 849-857 ◽  
Author(s):  
Karen N. Scott

Abstract This article explores developments in connection with marine protected areas (MPAs) on the high seas, beginning with a brief survey of existing high seas MPAs, recent initiatives such as the designation of the South Orkney Islands MPA, the creation of a network of OSPAR MPAs and the work undertaken by the UN General Assembly on developing a framework for oceans governance in areas beyond national jurisdiction. It considers: the absence of a clear legal basis for the creation of MPAs on the high seas; the relationship between MPA designation and traditional high seas freedoms; and the complex jurisdictional arrangements that govern activities on and in the high seas.


Subject Management of the oceans and biodiversity. Significance This year, negotiations on a new international agreement to govern biodiversity conservation on the high seas, entitled 'Biodiversity in areas beyond national jurisdiction' (BBNJ), will commence. This follows a UN General Assembly resolution in December 2017. The first round of talks will begin at the UN's New York headquarters from September 4-17, but an initial organising meeting will convene in March to appoint a conference chair and agree on an initial ‘zero draft’ preliminary text. Impacts Pressures to establish new institutions to govern oceanic issues, and controversies over their remit, will grow. Formal talks will provide campaigning opportunities for marine-conservation-oriented civil society groups. Concerns about high seas climate geoengineering (counteracting climate change, such as via iron fertilisation) will grow.


1968 ◽  
Vol 22 (3) ◽  
pp. 629-648 ◽  
Author(s):  
Daniel S. Cheever

The 22nd session of the United Nations General Assembly was unexpectedly enlivened by a late addition to its agenda when Malta, a newcomer even by UN standards, sought to demilitarize the ocean floor “beyond the limits of present national jurisdiction” and to internationalize its “resources in the interest of mankind.” Ambassador Arvid Pardo, Malta's Permanent Representative to the United Nations, sought immediate steps to draft a treaty thatshould envisage the creation of an international agency … to assume jurisdiction, as a trustee for all countries, over the sea-bed and the ocean floor, underlying the seas beyond the limits of present national jurisdiction….In advancing his proposal, in a surprise move thought to be premature by some governments, Ambassador Pardo accelerated and intensified the consideration of national and international interests in “ocean space.” How is the last earthbound frontier to be explored and exploited? Is it to be assigned to international jurisdiction or taken over by national authorities? A disconcertingly rapid rate of technological advance emphasizes the urgency of a decision. This article will first consider the disposal of the Malta proposal by the 22nd session of the General Assembly and then attempt to consider its significance as a challenge to the development of international organization.


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