The regulation of economic resources in areas beyond national jurisdiction : a critical analysis

Abstract

"Perhaps the most poignant image of our times is that of earth seen by the space voyagers: a blue sphere, shimmering with life and light, alone and unique in the cosmos. From this perspective, the maps of geopolitics vanish, and the underlying interconnectedness of all the components of this extraordinary living system - animal, plant, water, land, and atmosphere - becomes strikingly evident. ". - Ambassador Benedick, 1991 In the middle of the 20th century, we saw our planet from space for the first time. This vision has helped to upset the human self-image, by revealing that the Earth is not divided into separate and conflicting nations, but that we all share and live on one Earth. From space we see a small and fragile ball dominated not by human activity and edifice but by an interconnecting pattern of clouds, oceans, greenery and soils. The truth is we all depend on one biosphere for sustaining our lives. Yet each community, each country, strives for survival and prosperity with little regard for its impact on others. Some consume the Earth's resources at a rate that would leave little for future generations. Others, consume far too little and live with the prospect of hunger, squalor, disease, and early death. However, the traditional forms of national sovereignty are increasingly challenged by the realities of ecological and economic interdependence. Nowhere is this more true than in shared ecosystems - those parts of the planet that fall beyond national jurisdiction. Amongst the most widely acknowledged areas beyond national jurisdiction, one finds the Oceans and ocean-bed, Outer Space and certain parts of the Atmosphere. The most controversial ones being Antarctica in the Polar Regions, and the Geosynchronous Orbit in Outer Space. Here, sustainable development can only be secured through international co-operation and agreed regimes for surveillance, development and management in the common interest. The communal management of the economic resources found in these areas, for the benefit of all mankind, may be our last hope for creating economic and ecological balance on our planet.