Areas Beyond National Jurisdiction

Author

Affiliation

Smit, A. J.

University of the Western Cape

Areas Beyond National Jurisdiction (ABNJ) refer to the parts of the world’s oceans that fall outside of any country’s Exclusive Economic Zone (EEZ). These areas make up about 64% of the surface of the ocean, and include both the High Seas (the water column beyond the EEZ) and the Area (the seabed and subsoil beyond the limits of national jurisdiction).

Unlike waters within national jurisdictions, where a country has the exclusive right to exploit resources and is responsible for managing and protecting the marine environment, ABNJ are governed by a complex framework of international laws and agreements.

The primary legal framework is the United Nations Convention on the Law of the Sea (UNCLOS), which came into force in 1994. UNCLOS sets out the legal framework for the conservation and sustainable use of oceans and their resources. It establishes the rights and obligations of states in relation to the use of the oceans, and provides mechanisms for dispute resolution.

In terms of ABNJ, UNCLOS recognises the concept of “the common heritage of mankind,” which asserts that the resources of the deep seabed beyond national jurisdiction are the common heritage of all humanity and should be managed for the benefit of all. However, the UNCLOS does not provide a comprehensive regime for the conservation and sustainable use of marine biodiversity in ABNJ, which is a gap that current negotiations at the UN are trying to fill.

In addition to UNCLOS, there are a number of other international agreements that pertain to ABNJ. These include the Convention on Biological Diversity (CBD), which has developed a set of criteria for identifying ecologically or biologically significant marine areas (EBSAs) in need of protection, including in ABNJ. There’s also the International Maritime Organization (IMO), which has the authority to designate Particularly Sensitive Sea Areas (PSSAs) in need of special protection, including in ABNJ.

The governance of ABNJ is a complex and evolving issue, with ongoing discussions at the international level about how to improve the management and conservation of these vast and largely unregulated areas of the ocean. This includes debates over issues such as the establishment of marine protected areas in ABNJ, the regulation of emerging industries like deep-sea mining, and how to share the benefits of marine genetic resources.