Common Ownership of Oceans and Regulations

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Table of Contents

Overview of the Problem
Common Ownership of Oceans
Problems or Threats of Common Ownership to Oceans
Ocean Governance
Types of Regulations or Restrictions
Fair Use
References

Overview of the Problem

The concept of “common ownership” applies to natural resources to which there is unlimited access. Most of the environmental resources in the world are unprotected; thus, access to them is unrestricted. The “common ownership” problem relates to the pollution and unsustainable use or overexploitation of a common access resource. Sustainability demands that the use of a resource does not jeopardize its ability to cater for the needs of future generations (Enger & Smith, 2016). If the use of a resource is unrestricted, then its acquisition is free, i.e., it requires no economic or social cost to acquire it.

In essence, the common-ownership nature of most natural resources creates the “tragedy of common access” that results in resource overexploitation and pollution (Enger & Smith, 2016, p. 116). The underlying argument is that without property rights to control access or consumption, individuals will often overexploit resources because there are no market incentives to use them sustainably. Further, the common-ownership nature of resources accounts for extinctions and endangered species. From an economic perspective, the person exploiting a common property resource is not obligated to pay anyone for the harvest. Thus, the individual would not consider the opportunity cost to the community that results from dwindling stocks or pollution.

Common Ownership of Oceans

Established demarcations separate the exclusive economic zones (EEZs) from the unclaimed waters that are considered global commons. An EEZ is a 200-mile coastal water area within the continental shelf that is under a nation’s jurisdiction (Pyc, 2016). The common seas form an interconnected ecological system with the EEZs, making them a common ownership resource. Oceanic ecosystems play a critical part in the balance of life. The interlinked aspects of climate, fauna, and flora, and economic systems – shipping, fishing, and energy resources – depending on the high seas and waters within the EEZs. Further, the effects of economic growth, e.g., pollution, are not restricted to a particular EEZ, as they can move freely through the ocean currents to affect distant locations. This fundamental unity of oceans means that the world waters impact on all of us.

While the international waters are the true commons, the ocean waters within national jurisdictions are global because the fish and pollution effects are not limited to these boundaries. Therefore, the sustainable use of the ocean commons would need concerted efforts. Terrestrial activities have an effect on the oceans. Industrial and agricultural activities in inland regions affect ocean waters indirectly through rivers, while activities in coastal marshes have a direct impact on offshore waters. Thus, the effects of terrestrial activities reach the offshore waters and are spread to international waters by ocean currents.

Problems or Threats of Common Ownership to Oceans

Presently, oceanic resources face a threat from overexploitation of marine resources and pollution. Overexploitation arises when people overcapitalize and overexploit commonly owned marine resources due to economic/market incentives. The rationale for continued overfishing in the high seas relates to economic rationality. According to Greiber et al. (2014), having an open access policy for the high seas promotes overexploitation because there is no assurance that the fish stocks will last for long. As a result, it is only rational to fish more often and use commercial vessels to out-fish competitors in waters outside the continental shelves. This action coupled with the limited nature of fish stocks results in overexploitation. While open access fishing is meant to promote fairness, it attracts many overcapitalized trawlers that threaten the existence of the fish stocks. Consequently, some fish species have been fished to extinction, while others are endangered.

Pollution is another threat to oceans resulting from common ownership. Pollution effects are serious in offshore waters and lagoons located in the EEZs. Coastal areas are home to the world’s major cities, industries, and recreational establishments that produce tones of waste that end up in coastal waters. Land-based human activities, including river diversion for domestic use and agriculture, contribute to pollution in the oceans through estuarine river systems (Pyc, 2016). These activities coupled with dredging along the shoreline have affected estuarine habitats and vulnerable ecosystems in high seas. Pollution also arises from municipal sewage, sediments, and Agrochemicals that reach estuarine river systems through runoffs. Heavy metal accumulation, oil spills from tankers, and nuclear wastes from various tests pose a serious threat to the marine ecosystem. These pollutants kill phytoplankton life, affecting the marine food chain and ecosystems.

Ocean Governance

The fragmented nature of ocean governance coupled with competing for national interests poses a threat to the health and survival of marine ecosystems. A special U.N. committee originating in the UNEP would be well-positioned to administer the exploitation of high seas through legally binding measures. Its mandate would include protecting undersea biodiversity from overexploitation, pollution, and deep-sea oil exploration as enshrined in the Law of the Sea. The committee would take up the roles performed by existing regional councils to foster consistency in ocean governance for mutual benefits.

By bringing together all governments, the committee would serve as a custodian of the public trust. The protection of the use of trust resources entails the effective management of ecosystems and limiting public access to threatened areas. According to Pyc (2016), sustainable exploitation of marine resources for economic incentives should consider “public trust values, traditional values, and customs” of the nations in proximity to these areas (p. 160). Further, the common property nature of oceans calls for more cohesive management of EEZs and ocean resources. Extending the public trust doctrine to cover coastal waters would strengthen the committee’s stewardship of ocean resources through the enforcement of programs to control pollution and coastal activities. The public trust doctrine would need to be codified in statutory law to allow its application by the courts.

Types of Regulations or Restrictions

Regulations that address the problems of overexploitation and pollution are required to preserve marine life. Regulations that create more marine protected areas on the high seas would help tackle the problems associated with common ownership. The legal framework for the inclusion of marine protected areas should be universally acceptable and fair. These areas should be ocean ecosystems with endangered species or scientific/cultural value. The creation of marine protected areas would lead to the sustainable use of biodiversity beyond the territorial scope of nations.

In addition, regulations that limit or prohibit the catch levels of endangered species are required. The restrictive measures would include protecting low fish stocks from commercial fishing. An example relates to decisions by the International Whaling Commission to restrict or prohibit whaling in high seas. Thus, legally binding anti-whaling regulations could control certain stocks from overexploitation, except for scientific purposes. The restrictions would help achieve sufficient populations of endangered marine species. The dumping of radioactive waste and pollution due to land-based activities affect the health of marine resources. Therefore, a moratorium resolution to restrict the disposal of wastes into the oceans would also be necessary.

Fair Use

The fair use of marine resources located outside the national jurisdictions requires a collaborative approach. Collaborative efforts based on marine spatial planning (MSP) have been applied in designating protected marine areas in the oceans. I would use the MSP tool to develop integrated measures for allocating marine resources to governments. In this respect, developed countries with the capacity to exploit the “common heritage” could use it sustainably and share the rewards with nations that lack this capacity. Further, even landlocked nations would receive a share of the marine resources because it is a common heritage of humanity.

Another strategy would involve limiting the extent of the EEZs. The main reason for expanding the EEZs is due to the depletion of marine resources in the coastal waters. The earlier conventions that restricted resource exploitation in the main fisheries have largely failed because of the issue of fair allocation. Therefore, limiting open access to these areas through centralized management would ensure that the resources are allocated fairly to all nations. The resources would be shared across time and space.

Further, commercial fishing restrictions could help prevent the unsustainable use of marine resources. Fairness in the exploitation of commonly owned resources entails requires sustainable practices to avoid jeopardizing the capacity of the resources to meet the needs of the coming generations. In this regard, efforts would be directed towards the protection of marine habitats from pollution and support the cultural uses of resources through collaborative processes that benefit the current and future generations.

References

Enger, E., & Smith, B. (2016). Environmental science: A study of interrelationships. New York, NY: McGraw-Hill Education.

Greiber, T., Gjerde, K., Currie, D., Druel, E., Durussel, C., Scovazzi, T., & Warner, R. (2014). An International Instrument on the conservation and sustainable use of biodiversity in marine areas beyond national jurisdiction: Exploring different elements to consider. Cambridge, UK: IUCN Environmental Law Center.

Pyc, D. (2016). Global ocean governance. International Journal on Marine Navigation and Safety of Sea Transportation, 10(1), 159-162.

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