Internacional law of the sea’

Exam - question1

CHI IENG LEI 140114011

In this case, with the aim of participation in the negotiaiton, first we have to know,
what is the intent of new treaty. Acording to the resolution 69/292 of 19 June 2015, we
have to analyze, the ambit of the developmente - areas beyond national jurisdiction,
and is brings the solution and the regime aplicable with the adequate principle which is
related to the marine resources and the marine protected areas. Therefor, we can get a
conclusion which principles should be taken.

1. Areas beyond national jurisdiction

First, The range of the development is in the Areas beyond national jurisdiction, that
means, the use of marine biological diversity including the high seas and Areas.

1.1 high seas

When we talk about high seas, we have to look at Article 86 of UNCLOS, the high seas
comprise “all parts of the sea which are not included in the EEZ, in the territorial sea
or in the internal waters of a State, or in the archipelagic waters of an archipelagic
State.”

The principle which is relevant to high seas, is principle of freedom of the high sea. The
concept of "freedom of the seas" is found in the UNCLOS under Article 87(1) - the high
seas are open to all states - this is positive concept of the principle. And when we talk
about negative concept, look at Article 87(1) (a) to (f) gives a non-exhaustive list of
freedoms including navigation, overflight, the laying of submarine cables,
building artificial islands, fishing and scientific research.

Therefore, it is a functional concept, meant to ring-fence some marine resources

against States’ appropriation and subject these resources to a regime of international
and rational management, that in the end could also promote sharing of benefits.

1.2 Area

The Area is ruled by part XI of UNCLOS - “the sea-bed and ocean floor and subsoil
thereof, beyond the limits of national jurisdiction.”
The principle which is relevant to high seas, is the principle of the common heritage of
mankind. Articles which are important to this principle, including Article 136, Article
137 (2), Article 140 (1), Article 155 (2), etc. This principle works in reality with the
concrete goal and aim to actual results, is realized by actual action. The importance of
this ptinciple, decided by the purpose of this principle. This purpose is, first, there has
duties of preservation of resources for every generation; second, there has duties of
transmission of resources from one generation to the next generation with minimum
damage. Third, the utilization marine resources are rules by the regime of international
and rational management, also with the goal of promotting of sharing of benefits.

So, the purpose of this principle corresponde the purpose of the treaty, the protection
of the marine resources and the marine environment, this principle is aplicable. And
then, every state should apply one appropriate regime, because of The porpuse of
protecting the marine resources, is that, as like responsibility for every state.

2. Marine resources

Before we talk about marine resource, we have to know that, the oceans are the
largest ecosystems on Earth, they are the Earth’s largest life support systems. To
survive and prosper, we all need healthy oceans. And when we talk about the marine
resources, always focuses on limiting human-caused damage
to marine , restoring damaged marine ecosystems, and preserving marine species. The
importance of the protection of the marine resources, is that, marine resources are
materials found on Earth that are very important for humans, The Marine biodiversity
of the ocean makes it one of the greatest resources for the human species, the
maintain of marine biological diversity, brings many economic, social, and ecological
benefits for everyone who lives on the earth. Therefor, resources must be used with
caution so as to remain sustainable.

2.1 Benefit of marine biodiversity

The biggest benefit of marine biodiversity, perhaps is food. Throughout the world fish
and another Marine creatures are harvested, and it makes up an important part of the
world’s diet and providing economic benefit. In some countries, Fishing is a huge
industry and allows much economic success, and seafood is relied on as the most
important source of food.
The ocean provides much more than seafood, Many of the medicine contain
ingredients from the sea. So, another benefit of marine biodiversity is medicine. For
exemple, compounds from ocean sponges and cartilage from sharks are being used in
medication to help fight the battle against cancer. Future medicines will come from
marine organism, if marine biodiversity continues to decline, species containing
potential wonder drugs could die off. So, we need to take a Great care in the research
of marine-based drugs to prevent the dscreasing of important natural marine
resources.

2.2 The problem of the marine resource

The protection of the marine resources is an especially urgent problem because
marine biodiversity is decreasing rapidly, the resources of the sea have been over
harvested by humans, threatening marine biodiversity. Numerous marine creature
have been placed on the endangered species list, and population of many marine
species is decreasing recently. The reason of the population is being decreased is that
human activities affect all of the levels of biodiversity. Fish and other marine organisms
are harvested from the ocean in very large quantities, immediately lowering
biodiversity drastically.

Beside the over-harvest marine creatures is threatening marine resource, another

reason is increased global temperatures. The global warming can change marine
habitats before organisms have a chance to adapt.

2.3 Solution
Biodiversity is declining very rapidly and efforts to stop the decline must be intensified.
Because marine biodiversity is essential to the survival of all life and the public needs to
be made aware of this. Life in the ocean is declining rapidly and we have little time left
to halt the process.

In order to preserve marine biodiversity, Humans should become aware of the

importance of saving Earth’s precious resources and have taken action to preserve
biodiversity through laws, regulations, protected areas, and funding.
In this case, the convention of sustainable use of marine biological diversity of areas is
a very importante step toward preserving marine biodiversity because it is an
international effort which involve several countries. All the oceans connect and are
essentially one, as a result species and pollution are not restricted to one area, and
therefore an international effort is required. By signing the document at the
convention, each country has responsibly to protect all aspects of marine biodiversity
and genetic diversity has to be protected by forcing genetically altered food to be
labeled.

3. Conclusion

Therefor, when we look at the purpose of the treaty is about sustainable use of marine
biological diversity , the principle applicable is principle of freedom of the high sea and
the principle of the common heritage of mankind.

4. Bibliography wetsite and sources about essay

https://pt.m.wikipedia.org/wiki/Conservação_mar%C3%ADtima
http://www.fao.org/docrep/003/v5321e/V5321E11.htm
http://www.answers.com/Q/Importance_of_marine_resources
https://en.m.wikipedia.org/wiki/Common_heritage_of_mankind
https://en.m.wikipedia.org/wiki/Freedom_of_the_seas