(Pre)Tensions at Sea: Towards Global Ocean Governance?

Abstract

Public law should prioritise the development of forms of marine space management that are economically and environmentally sustainable, as well as politically acceptable. From this transdisciplinary perspective, we examine different alternatives. We argue that the current models, primarily based on liberalised access or the granting of exclusive rights, are outdated. In this context, there is an urgent need for doctrinal development and political acceptance of bolder alternatives, capable of addressing the necessity of finding shared solutions. We conclude that the concepts of the common heritage of humankind and subsidiarity have probably not yet been fully explored in reconciling the role of States with the internationalist vocation of the oceans.