Governance of Human Ocean Use
This chapter examines whether the existing governance of the oceans can cope with the challenges of the Anthropocene. A regulatory framework for human interaction with the oceans started developing as early as the 17th century. Yet the conflict between the mare liberum (the sea belongs to everyone) and the mare clausum (the sea belongs to the coastal states) has not been resolved to this day. Despite numerous international treaties and voluntary commitments, the seas are still being massively overfished, polluted and increasingly exploited as the Earth’s last major source of resources (Chapter 1). It can therefore be assumed that the global governance regime in its present form cannot solve the problems facing the oceans. Building on this analysis, in this chapter the WBGU develops proposals for the further development of ocean governance with the aim of ensuring the conservation and sustainable use of the seas on a global scale.
3.1 Specifics of the seas In order to assess the existing global and regional ocean-governance systems and to develop a futureoriented form of ocean governance, the WBGU formulates criteria based on findings of political and social science. Using these criteria, it begins by analysing and assessing present-day global and regional governance (Sections 3.2 to 3.7). In Chapter 7, proceeding on this basis it gives recommendations on how best to design a future system of ocean governance that can meet the challenges of the Anthropocene. Three aspects are of particular importance to human interaction with the oceans (Section 1.4). These are (1) the oceans as part of the Earth system (Section 3.1.1), (2) uncertainties regarding future development (Section 3.1.2), and (3) the oceans as a global public and common good (Section 3.1.3).
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3.1.1 Oceans as part of the Earth system The oceans and the marine ecosystems are part of the Earth system and provide vital services for humanity. At the same time, human beings are an integral part of the ecosystems and influence their dynamics whenever they use them. Irreversible damage can be caused to marine ecosystems both by ocean pollution and by the overexploitation of individual biological resources such as fish species. Furthermore, the complex systemic interactions and feedback loops in the oceans do not follow the logic of national frontiers; in many cases they are linked across borders and globally– like the oceans themselves (Costanza et al., 1999; Posner and Sykes, 2010). Another impacting factor is land/ sea interaction (e. g. the discharge of waste and pollutants produced on land into the sea via rivers), and the interaction between the atmosphere and the ocean (e. g. ocean acidification). The WBGU therefore considers it necessary to think systemically: i. e. not only to embrace the ecosystem approach (Section 1.4.2.1), but to go further. Up to now, ocean governance has been characterized by a sectoral approach depending on the respective use (Section 1.1). The motivation behind applying the systemic approach is to make it possible to gain an integrated view of the interactions between natural and social systems (Sections 1.4, 2, 7). The aim is to ensure that when interventions are planned, not only on their effects within the marine ecosystems are assessed, but broader systemic interrelations are also taken into account. Such a combined, integrated way of looking at things is required in order to develop a form of ocean stewardship that can solve problems. The systemic approach thus represents the first touchstone for the analysis and assessment of existing ocean governance (Section 3.1.4).
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