Free the sea

Reading Chris Armstrong’s A Blue New Deal for New Scientist, 16 February 2022

Chris Armstrong, a political theorist at the University of Southampton, believes that the institutions and laws that govern our oceans are too fragmented, too weak and too amenable to vested interests to address the inequalities that exist between developed and developing nations.

Nor, he says, do they protect the marine environment from destruction, and this at a time when there’s been a 30 per cent increase in ocean acidity (since 1900), when the global fishing effort has grown ninefold (between 1970 and 2008), and the globe’s pursuit of oil, gas and minerals is increasingly being directed off-shore.

Ocean governance has been shaped by two contrary impulses: the idea of the freedom of the high seas, given shape in Hugo Grotius’s The Free Sea of 1609; and the idea — rather more familiar to landlubbers — of enclosure, by which a coastal state is entitled to exclusive control and enjoyment of its immediate marine environment.

Grotius’s vision of oceanic free-for-all allows anyone with the wherewithal to exploit an ocean resource as much and as often as they desire. Armstrong allows that this was not entirely unreasonable, given the limited technology available at the time to even the wealthiest nations. Clearly, though, it needs reform for the 21st century, given only a handful of rich nations have access to the expensive technologies involved in sea-bed mining and mineral extraction.

Enclosure is perhaps the more recalcitrant tradition. The idea behind “territorial waters” is ancient, but Armstrong sensibly explains it by reference to the 1968 article by the ecologist Garrett Hardin, in which he claimed that “Freedom in a commons brings ruin to all”.

The trouble is, this isn’t true. The historical record is full of examples of resources held in common, and governed equitably for hundreds of years. The much vaunted “tragedy of the commons” is a piece of rhetoric, not a proven truth. And as Armstrong rightly points out, “the real tragedy for individual ‘commoners’ was enclosure itself, which saw them being evicted from the land by wealthy landowners.”

In 1994, a new Convention on the Law of the Sea established Exclusive Economic Zones extending for 200 nautical miles from nearly every shore. Within these zones, resources are subject to the jurisdiction of the coastal state. By this myopic reasoning, landlocked countries were excluded from a share of the spoils of the sea. (This matters, as access to the sea is essential for economic health. Armstrong points out that 9 of the world’s 12 poorest countries are landlocked). It did nothing to prevent richer nations from licensing, on predatory terms, rights over the EEZs of countries too poor to exploit their own territory. And it gave every state-owned atoll, rock, and island an exclusive patch of sea to exploit, extending 200 miles in every direction. And which states own these rocks? Former colonial powers, of course. Thanks to the 1994 convention, the United States, the United Kingdom, France, Russia and Australia now command the resources of more than 45 million square kilometres of ocean.

What can be done?

In 1959 a treaty established Antarctica as a place of peace and international cooperation — a commons in other words. Eight years later, the Outer Space Treaty of 1967 did the same for the worlds beyond our own. So it is not beyond our legal capacities, Armstrong argues, to govern our oceans along principles of common management, benefit sharing, and even technology transfer between rich and poor nations.

Where Armstrong comes unstuck is in his ideas for enforcement. It’s all very well to dream up a “World Ocean Authority” whose deliberations no state would have the power to veto or depart from. But what omnipotent and omniscient power will drive all this selfless sharing, I wonder? Not, I would bet, the destitute seamen of the Gulf of Thailand; nor the blue whales and other non-human stakeholders of our increasingly stressed oceans.