who ‘owns’ the ocean?

Since the 18th century, States have differed in opinion over control of their coastal waters. As interest in national security, international trade and marine resources grew, this gave rise to conflicting interpretations over ocean spaces: the demand for territorial control over adjacent waters and their resources (mare clausum) clashed with the idea of the freedom of the seas, open to all and belonging to none (mare liberum). Those supporting the former concept prevailed and the so-called cannon-shot rule, whereby States claimed jurisdiction over the body of water they could defend, about 3 nautical miles (1 nautical mile = 1.852 kilometres), developed over the years. However, with the increasing interest in resources came the development of a range of zones claimed by States - a diverse collection of coastal waters, territorial waters, customs zones, fishing and economic zones, with varying limits between 3 and 300 nautical miles.

In its early years, the United Nations recognized the need to establish a regulatory framework for the ocean and held the first and second law of the sea conferences in Geneva in 1958 and 1960 respectively. Four conventions, the Convention on the Territorial Sea and the Contiguous Zone, the Convention on the High Seas, the Convention on Fishing and Conservation of the Living Resources of the High Seas, and the Convention on the Continental Shelf, as well as the Optional Protocol of Signature concerning the Compulsory Settlement of Disputes were drafted at the first conference. These, and the discussions held at the second conference on the territorial sea and fishery limits, set the foundations for the next steps taken by the United Nations.

In 1973 the United Nations opened the Third United Nations Conference on the Law of the Sea, which met over the course of nine years and drafted the United Nations Convention on the Law of the Sea (UNCLOS), which unified the fragmented approach of the Geneva conventions. Currently ratified by 168 States and one intergovernmental organization and recognized by most other States as customary international law, UNCLOS lays down a regime for the peaceful uses of the ocean and its resources, balancing the rights and duties of coastal and flag States and the interests of maritime States, archipelagic States and landlocked States.

The cornerstone of UNCLOS is the maritime zone system which has been accepted around the world today, even by States not yet party to UNCLOS. A coastal State may extend its jurisdiction over the territorial sea (up to 12 nautical miles from the baseline), the contiguous zone (up to 24 nautical miles from the baseline) and the exclusive economic zone (up to 200 nautical miles from the baseline). Thereafter we find the High Seas, relating to the water column beyond national jurisdiction.

Below lies the coastal State’s continental shelf, which automatically reaches out to 200 nautical miles (in the absence of an opposite State at a distance of less than 400 nautical miles) and may be extended to 350 nautical miles if certain geomorphological conditions allow. Beyond the limits of the continental shelf lies the so-called ‘Area’, the seabed and ocean floor beyond the jurisdiction of coastal States. A map showing the ocean depths relevant to coastal States’ EEZs may be found here.

Establishing maritime boundaries is of course simple for States with no neighbours. For States with opposing or adjacent States the question of the delimitation of their zones (and therefore control over the resources they hold) arises. UNCLOS calls on States to seek “an equitable solution”; generally an equidistant line should be drawn between the States. Sometimes States are successful in delimiting boundary lines by establishing joint boundary commissions or through diplomatic conferences but the high stakes involved, usually relating to the value of the resources found in the disputed areas, and political pressure mean that mediators or dispute settlement bodies such as the International Tribunal for the Law of the Sea or the International Court of Justice are often called upon to define the maritime boundary.

UNCLOS establishes different rules for each of these zones, creates a special regime for straits used for international navigation, for archipelagic waters and for landlocked States and addresses the protection of the marine environment, marine scientific research and the development and transfer of marine technology. Part XV sets down a compulsory mechanism for the settlement of disputes.

Jurisdiction over vessels, ports, rivers, coastlines and maritime zones is given to flag States, coastal States, port States and a small group of regional and international organizations. Find out more about coastal, port and flag State jurisdicition here.

dive in deeper

The status of all law of the sea related conventions can be viewed on the UN Treaty Section website

More information on the historical background of UNCLOS can be found on the website of the UN Division for Oceans and the Law of the Sea

United Nations Audiovisual Library Introduction to UNCLOS and Lectures on law of the sea

Since its completion in 1982 and entry into force in 1994, UNCLOS has provided a legal framework under which all ocean-related activities should be carried out. It has established itself as a so-called umbrella or framework convention, covering numerous international agreements related to ocean affairs, ocean and coastal management, navigation, transport and trade, exploitation of resources, environmental protection and science.

The three main agreements under the UNCLOS umbrella are the Agreement relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982, the UN Fish Stocks Agreement/United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks and the Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction.

UNCLOS established three new international organizations relevant to ocean governance, the International Seabed Authority (which administers the resources of the Area and provides States with licences to explore the Area), the Commission on the Limits of the Continental Shelf (which decides on submissions made by States Parties to UNCLOS to extend their continental shelves) and the International Tribunal for the Law of the Sea (which is available to States to adjudicate disputes arising out the interpretation and application of UNCLOS). Find out more about these three institutions here.

The Meetings of State Parties to UNCLOS are held in June each year at UN Headquarters in New York. Reports on the work of the three institutions are provided to the meetings, their budgets approved and elections held for the members of the Commission and Tribunal.

international governance

The UN General Assembly plays a leading role in international ocean governance, aiming to oversee and coordinate the work of the various UN institutions and agencies working on ocean-related topics. An annual meeting to discuss the ocean and law of the sea is usually held in December.

Since 1994, annual reports have been given by the UN Secretary General to the General Assembly on the current status and latest developments relating to the ocean and the law of the sea. The reports bring together information provided by over 30 relevant UN agencies, programmes and bodies, as well as intergovernmental organizations. These are coordinated by UN-Oceans, set up in 2005 as an inter-agency mechanism seeking to enhance the coordination, coherence and effectiveness of competent organizations of the United Nations system, in conformity with UNCLOS, the competences of each of its participating organizations and the mandates and priorities approved by their respective governing bodies. UN-DOALOS, the division of the UN’s Legal Office working on ocean affairs and the law of the sea, supports the work.

The United Nations Open-ended Informal Consultative Process on Oceans and the Law of the Sea (the Consultative Process or UNICPOLOS) was established by the General Assembly in 1999 (GA54/33) to facilitate the annual review of ocean issues and identify areas where coordination and cooperation at intergovernmental and inter-agency levels should be enhanced. UNICPOLOS may also suggest issues to be included in the Annual Report. Issues which have or will be addressed can be viewed here.

In 2015, the 2030 Agenda for Sustainable Development, was adopted by all UN Member States. According to the UN, this “provides a shared blueprint for peace and prosperity for people and the planet, now and into the future”. The Agenda revolves around 17 Sustainable Development Goals (SDGs), each an urgent call for action.

Goal 14 relates to Life below water and is entitled ‘Conserve and sustainably use the oceans, seas and marine resources for sustainable development’. It sets the following targets:

14.1 By 2025, prevent and significantly reduce marine pollution of all kinds, in particular from land-based activities, including marine debris and nutrient pollution

14.2 By 2020, sustainably manage and protect marine and coastal ecosystems to avoid significant adverse impacts, including by strengthening their resilience, and take action for their restoration in order to achieve healthy and productive oceans

14.3 Minimize and address the impacts of ocean acidification, including through enhanced scientific cooperation at all levels

14.4 By 2020, effectively regulate harvesting and end overfishing, illegal, unreported and unregulated fishing and destructive fishing practices and implement science-based management plans, in order to restore fish stocks in the shortest time feasible, at least to levels that can produce maximum sustainable yield as determined by their biological characteristics

14.5 By 2020, conserve at least 10 per cent of coastal and marine areas, consistent with national and international law and based on the best available scientific information

14.6 By 2020, prohibit certain forms of fisheries subsidies which contribute to overcapacity and overfishing, eliminate subsidies that contribute to illegal, unreported and unregulated fishing and refrain from introducing new such subsidies, recognizing that appropriate and effective special and differential treatment for developing and least developed countries should be an integral part of the World Trade Organization fisheries subsidies negotiation

14.7 By 2030, increase the economic benefits to Small Island developing States and least developed countries from the sustainable use of marine resources, including through sustainable management of fisheries, aquaculture and tourism

14. A Increase scientific knowledge, develop research capacity and transfer marine technology, taking into account the Intergovernmental Oceanographic Commission Criteria and Guidelines on the Transfer of Marine Technology, in order to improve ocean health and to enhance the contribution of marine biodiversity to the development of developing countries, in particular small island developing States and least developed countries

14. B Provide access for small-scale artisanal fishers to marine resources and markets

14. C Enhance the conservation and sustainable use of oceans and their resources by implementing international law as reflected in UNCLOS, which provides the legal framework for the conservation and sustainable use of oceans and their resources, as recalled in paragraph 158 of The Future We Want.

News on SDG14 is available here, see also the Ocean Action Hub which evaluates the progress made.

The UN Department of Economic and Social Affairs (UN DESA) is the home of the SDGs, working with the global community, helping countries translate their global commitments into national action in the economic, social and environmental spheres. The UN Secretary-General’s Special Envoy for the Ocean, Ambassador Peter Thomson, who was appointed in 2017, is charged with maintaining the momentum for action to conserve and sustainably use the oceans, seas and marine resources for sustainable development.

In 2017, the UN declared the period 2021 to 2030 to be the United Nations Decade of Ocean Science for Sustainable Development, led by the UNESCO International Ocean Commission. This is an important opportunity to improve ocean health by increasing understanding and providing scientific support for policies and innovations that enhance the sustainable development of the ocean.

The first Ocean Conference to Support the Implementation of Sustainable Development Goal 14 was held in New York in 2017. The conference declaration: Our ocean, our future: call for action was subsequently adopted by the General Assembly.

The second United Nations Ocean Conference, co-hosted by Portugal and Kenya, was held in Lisbon, Portugal, in 2022, resulting in hundreds of further ocean commitments and a new political declaration, Our Ocean, Our Future, Our Responsibility.

The third UN Ocean Conference will be co-hosted by France and Costa Rica and held in 2025.

regional governance

Regional organizations have an important role to play in ocean governance. With the advantage of local knowledge, regional plans can be put into place for specific ecosystems, boosting the conservation and sustainable use of marine resources in that particular area. Since the 1970s when the first plans for regional governance emerged, a regional approach has often proved to be quicker to implement and therefore more successful than large-scale international governance projects. Different schemes include:

• Regional Seas Conventions and Action Plans

  The UNEP Regional Seas Programme, established in 1974, comprises 18 Regional Seas Conventions and Action Plans for the sustainable management and use of the marine and coastal environment. In most cases, action plans are underpinned by a strong legal framework in the form of a regional convention. All individual conventions and action plans reflect a similar approach, yet each has been tailored by its own governments and institutions to suit their particular environmental challenges. UNEP coordinates the Regional Seas Programme.

• Regional Fisheries Bodies (RFBs)

UNCLOS obliges States to cooperate in the conservation of marine living resources in the High Seas by developing appropriate management measures and setting up regional fisheries organizations where appropriate (articles 117 and 118 of UNCLOS). RFBs are usually tasked with collecting fisheries statistics, assessing resources, making management decisions and monitoring activities. The FAO provides technical and administrative support to RFBs and promotes collaboration and consultation among them.

See the Regional Fisheries Bodies page of the FAO

• Political and economic communities that engage in regional ocean governance

  Examples of States working together can be seen in the Arctic Council, Caribbean Sea Commission, Pacific Island Forum and ASEAN Working Group on Coastal and Marine Environment.

  The work of the European Union through its Directorate-General Mare stands out in particular. The EU launched its International Ocean Governance Forum in 2020 to assess development needs and options for action in light of today’s challenges and opportunities in international ocean governance, its recommendations may be seen here. A current project led by the EU, Mission Starfish 2030, Restore our Ocean and Waters by 2030, has five overarching objectives for 2030: (i) Filling the knowledge and emotional gap, (ii) regenerating marine and freshwater ecosystems, (iii) zero pollution, (iv) decarbonising our ocean, and waters (v) revamping governance.

• Ad hoc agreements and initiatives:

  Incentives to provide better governance of the ocean with new synergies and varying stakeholders have also emerged, for example the Partnership for Regional Ocean Governance (PROG), whose main aim is to identify and promote integrated regional models for cross sectoral ocean governance and to advance regional cooperation for the conservation and sustainable use of marine ecosystems and resources. Established as a platform at the science, policy and society interface, PROG focuses on facilitating dialogue processes that foster greater regional cooperation and better integrated and coherent governance frameworks at regional and national levels. As awareness of the ocean challenges grows, so too does the number of such ad hoc initiatives, for example Antarctica2020, a group of influencers from the world of sport, politics, business, media and science, that are building support for the full and effective protection of the Southern Ocean, through the establishment of a network of large-scale marine protected areas.