Developing the law of the sea

Te Herenga Waka—Victoria University of Wellington’s Professor Joanna Mossop is an international authority on the law of the sea. For over 20 years, she has researched, taught, and written about this topic. She is now weaving together the separate strands of her scholarship to help shape an international body of law that meets the needs of people, the ocean, and the environment.

2023 has been exciting for Professor Mossop. Not only was this the year of her inaugural lecture— ‘Reimagining the law of the sea—evolution or revolution’—she was an independent adviser to the New Zealand delegation negotiating a new treaty on the high seas and saw the conclusion of the Agreement on the Conservation and Sustainable Use of Marine Biodiversity in Areas Beyond National Jurisdiction, or BBNJ (Biodiversity Beyond National Jurisdiction) Agreement.

The BBNJ Agreement provides a legal framework for dealing with the parts of the ocean that sit outside national boundaries—around twothirds of the world’s oceans. More than 80 countries have signed the Agreement, but 60 ratifications are required for it to enter into force, so Professor Mossop does not expect it to come into effect for another three to five years.

“During that time, there will be a lot of work needed to implement the agreement into national laws before countries can ratify it and it gets up and running,” she says.

Much academic activity has arisen from the negotiations of this new Agreement. Oxford University Press has commissioned Professor Mossop to co-edit a reference book about the Agreement to help practitioners, officials, and scholars understand what the Agreement means and how it can be implemented.

Although the Agreement is a fantastic achievement, there is still a lot of work to do to ensure oceans are managed sustainably. “The Agreement will address certain problems, but it doesn’t fundamentally change the way the law is structured.”

She hopes her research on the Marsden-funded project ‘Reimagining ocean law to achieve equitable and sustainable use of marine ecosystems’ will provide much-needed scholarship around ‘big picture’ legal questions, such as

the theoretical underpinnings of the law of the sea, and whether these can be restructured in creative and sustainable ways.

Professor Mossop is excited the theoretical and practical strands of her scholarship are weaving together and contributing to a wider body of knowledge.

“It’s one of those exciting moments right now, in international law, where there’s a lot of interest and energy around the law of the sea. I hope this inspires governments to do things differently for the future of our oceans.”