Rethinking Ocean Boundaries: Navigating Towards an Integrated Framework of Marine Protection and Preservation

Abstract

As human activities at sea intensify, particularly within areas beyond national jurisdiction, the need for a more integrated and holistic legal framework for marine protection has become increasingly urgent. This thesis critically examines the possibility of reconciling an integrated framework of ocean protection within current international and regional frameworks in areas within and beyond national jurisdiction. It does so by, firstly, analysing current legal frameworks governing marine environments, highlighting the strengths and limitations of key international and regional instruments, such as the 1982 United Nations Convention on the Law of the Sea and the 1992 Convention on Biological Diversity. While these frameworks have established crucial norms and obligations, they remain fragmented and often ineffective in achieving comprehensive protection across different jurisdictions. This thesis, then, explores how a more cohesive approach can be fostered by integrating various concepts and approaches, including the ecosystem-based approach, valuation of ocean ecosystem services, area-based management tools, traditional ecological knowledge, and the doctrine of environmental personhood. These notions and approaches underscore the importance of moving beyond sectoral methods towards a model that recognizes the interconnectedness of the ocean and its increasing interdependence and relation with human beings; highlighting the need for equitable and culturally sensitive governance. Through a detailed analysis of legal instruments and case studies, this thesis argues that an integrated framework for marine protection is not only desirable but necessary to address the complex, transboundary challenges facing the world’s oceans today. By embracing a more holistic and ecocentric approach, the international community can work towards sustainable ocean management that ensures the protection of the marine environment and the preservation of its biodiversity for future generations.