Edging Towards Principled Ocean Governance: Law of the Sea and Beyond

Elisabeth Mann Borgese is well known for her commitment to advancing the legal order for the improved regulation of the world’s oceans. Her advocacy with respect to the United Nations Convention on the Law of the Sea (unclos)1 is the subject of other essays in this volume. However, in the decades since 1982, legal principles, sometimes linked to provisions in treaties, have become critical in the global quest for sustainable seas and healthy coastal communities. Principles, such as precautionary and ecosystem approaches, have influenced the negotiation, implementation, and interpretation of international agreements.2 They may also guide national ocean law and policy reforms, for example, encouraging adoption of integrated coastal and ocean management approaches and enhancement of public participation in ocean-related decision-making.3 The continued importance of principles and the long list of what are considered to be key ocean governance principles can be seen in the 2016–2017 UN Preparatory Committee discussions trying to hammer out possible elements for a new international agreement for the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction.4 Wide convergence