OCEAN GOVERNANCE AND THE RULE OF LAW

International Progress Organization attends Third UN Ocean Conference (UNOC3)

Nice, France, 13 June 2025
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In a statement submitted to the UN Ocean Conference in Nice, the President of the International Progress Organization (I.P.O.), Dr. Hans Köchler, warned of the unilateral assertion of national interests by non-States Parties as the biggest threat to the enforcement of the United Nations Convention on the Law of the Sea (UNCLOS), and to the authority of the International Seabed Authority in particular. The Convention’s designation of “the Area” of the ocean beyond national jurisdiction as “common heritage of humankind” is incompatible with the commercial exploitation of deep seabed mineral resources by any state on the basis of an exclusive claim to sovereignty. Such practices are a recipe of “anarchy on the oceans,” the President of the I.P.O. said, referring to the recent statement of Leticia Reis de Carvalho, Secretary-General of the International Seabed Authority, according to which “no state may claim, acquire, or exercise sovereignty or sovereign rights over any part of the Area or its mineral resources. This includes a prohibition on appropriation and alienation by any State, or by any natural or juridical person.”

On behalf of the International Progress Organization, Dr. Köchler further emphasized that “use of the ‘Area’ under UNCLOS should not just be ‘equitable exploitation’ of its resources for the benefit of all countries, ultimately driven by collective greed. In the face of global environmental challenges, the principle of common heritage must be complemented by the common good of humanity as guiding principle for sharing the wealth of the oceans.”

Under UNCLOS, maritime states are generously entitled to exploit resources in the area of their continental shelf cum ”Exclusive Economic Zone,” and even of an “extended continental shelf” of up to 350 nautical miles from their coasts, including the coasts of islands under their sovereignty. While exploitation in these zones should be also be guided by consideration of the common good of humanity, especially as regards protection of the environment, it is all the more important that the remaining area of the ocean beyond national jurisdiction should be under the control of the International Seabed Authority, an institution established under Article 156 of UNCLOS. “The Area” must not become the space for a global race for resources on a “first come, first served” basis. In the 21st century, the international community should not allow a return to colonization, this time on the high seas. The terra nullius rationale of the era of colonial conquest must not be revived by a mare nullius approach, aimed at justifying the priority of national interests over a country’s obligations and responsibility as member of the community of states, the President of the I.P.O. concluded.

The International Progress Organization took part in the UN Ocean Conference as an organization in consultative relationship with the Economic and Social Council of the United Nations and member of the conference of NGOs accredited with the UN. Following up on UNOC3, the I.P.O. later this year will convene an international roundtable consultation in the island state of Malta on “Maritime Order in the Global Era.” The results will be published in the series “Studies in International Relations.”

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