Ocean Conservation: The Role of Law in Protecting our Oceans
Ó Jacques Cousteau, The Silent World (1956)
This article is part of the two-part Sustainable Oceans series under the SDG -14 of the United Nations, targeting “Life Below Water,” a vital, and often overlooked, part of the world’s ecosystem.
This article looks at the legal framework in place for protecting our world’s oceans, on an international, national, and corporate scale.
Jacques Cousteau, occupation: oceanographic technician and filmmaker, wildly advocated for the protection of marine ecosystems, showing this immense sea around us through documentaries, the first ever to do so. And for good reason.
The conservation of the ocean’s resources, biodiversity and health as an ecological habitat is one of the most important areas of environmental protection that can be undertaken. At current levels of plastic consumption, the world’s ocean will contain more plastic than fish by 2050. Not only does the ocean cover 70% of the world’s surface, but it also supports the livelihoods of approx. 3 billion people, and around 78% of animal biomass.
International Law for Ocean Conservation
As part of the United Nations SDG 14 – Life below water, the 1982 United Nations Law of the Sea Convention (UNCLOS) was a significant legal leap in the right direction. The convention settled for a peaceful and cooperative use of the ocean’s resources by having no national sovereignty in control of the ocean and its seabed, limiting national borders to a few kilometres around respective coastline.
The UN took further initiative by founding the International Maritime Organisation, whose mission it is to ensure safe regulations within shipping and the pollution derived from the industry. Protecting life below water also includes the protection endangered species from hunting, as seen through the efforts of the International Whaling Committee founded in 1946, that currently sports 88 member signatories, dedicated to the protection and welfare of whales, acknowledging the importance of defending a diverse and flourishing marine wildlife.
National Laws for Ocean Conservation
On a national level, conservation efforts have also been taken, demonstrating the importance of not only national cooperation internationally, but also nationally taking responsibility. An example of such is the US Magnuson-Stevens Act 1976, which legally governs all US fisheries addressing overfishing and calls for a reduction in bycatch (where marine animals are caught in nets intended for a different species).
Australia, holding jurisdiction over important marine habitats, most noteworthy of which being the Great Barrier Reef, has also incorporated important legal protections. This includes the Great Barrier Reef Marine Park Act 1975, which since its launch has seen a steady recovery of coral growth in its northern region, reaching a record high August 2022. But recovery is fickle and faces constant threat, one of which being climate change. Coral reefs around the world cover only around 1% of the Earth’s surface, but sustains around 25% of marine life, as well as directly supporting 500+m people.
Corporate Responsibility for Ocean Conservation
While many businesses in the marine industry have certainly contributed to polluting damaging the ocean, they do however also play a key role in restoring and conserving it. Industry has a large potential to redirect their practices to more sustainable practices, benefitting both nature and their own investments, as Torsten Thiele, founder of the Global Ocean Trust, remarked. “This is about redirecting the way the economy works in a way that is nature positive.”
This is an initiative Maersk, one of the largest shipping companies in the world, has followed through with, teaming up with non-profit organisation The Ocean Clean-up in an effort to reach their goal of removing 50% of plastic accumulated in the Great Pacific Garbage patch every 5 years. Partnerships between businesses is an effective means to increase research and technology, but also to invest into grander, more ambitious projects in the future. This could create an “ocean finance-architecture” that could help “mobilise significant capital,” a wave the finance industry is waking up to. “I see blue natural capital as an emerging asset class” told Mr Thiele for the Economist. Scaling up on ocean conservation is the future of maritime industry, and the more investment the better.
By Alfred Deimer