Threats from the Global Commons: Problems of Jurisdiction and Enforcement

• Author: Stuart Kaye
• Position: Dean of Law, University of Wollongong, Australia
• Pages: 69-81

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Threats from the Global Commons:

Problems of Jurisdiction and Enforcement

Stuart Kaye*

Introduction

Oceans cover approximately 70 percent ofthe surface ofthe Earth. For inter-

national lawyers, this has long been an area which lay beyond the control

of States. Prior to the advent ofjurisdiction based on the continental shelf and the

exclusive economic zone (EEZ), almost all of this area was beyond national juris-

diction. Only atiny belt of sea of usually 3to 4nautical miles was subject to the di-

rect control of acoastal State. 1Even today under the 1982 United Nations

Convention on the Law of the Sea (1982 LOS Convention),2where coastal States

can extend their jurisdiction to the seabed and waters around their littoral out to

200 nautical miles, and the seabed in limited circumstances to as much as 350 nau-

tical miles,3two-thirds of the world's oceans are beyond any national jurisdiction.

This article considers the challenges facing coastal States attempting to combat

threats to their security that pass through this vast area of high seas, in areas where

the coastal State has no jurisdiction. It will consider the nature of the threats posed

in these areas, and what tools international law provides States in order to respond

to these threats. It will conclude by positing areas where further development may

assist in improving the coastal State's ability to react in atimely and effective fash-

ion to athreat in the global commons. However, before doing so, it is necessary to

consider the limits of the global commons for the purposes of the paper.

Dean of Law, University of Wollongong, Australia.