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9
OCEAN GOVERNANCE: THE BEACONS
OF HISTORY AND THE STRUCTURE OF THE
INTERNATIONAL SYSTEM
Ana Flávia Barros-Platiau
Guilherme Lopes da Cunha
Carlos Henrique Tomé
Introduction
The ocean is a unique, complex and es- (visible or not actors with diverse interests
sential system to support the life on plan- in negotiation agendas) public and private,
et Earth (WOR 7, 2022), overlapping the with formal or informal public mandates. It
legal, political and geographic divisions requires an analysis of how they interact,
of seas and oceans and connected with based on the premise that recent history
climate science (BORG, 20221; EZER and and the structure of the international sys-
DANGENDORF, 2022; NICHOLSON et al., tem have led to a fragmented and ineffec-
2022). Despite its increasingly recognized tive diplomatic and legal framework that
importance, there are challenges and ques- has directly shaped ocean governance. This
tions that continue to demand effective re- implies that the opportunities and obstacles
sponses from the international community. for promoting planetary sustainability and
Among other relevant questions, we could the “green economy” (UNEP, 2011; KASZ-
ask: who governs – or should govern - the TELAN, 2017) are largely reproduced for
ocean and its riches that are still so little the Blue Economy history.
explored? Would the waters, the seabed The concept of governance was widely
and the marine resources beyond national used to mark the end of the Cold War and
jurisdiction be space and matter without an the bipolar order, allowing for a new order
owner (res nullius) or of all (res communis), based on Public International Law and rules
under free exploitation? The answer is not of the international game that would allow
limited to a list of interested stakeholders States to coexist with more peace and secu-
172 BLUE ECONOMYBLUE ECONOMY
172
rity. The stability and predictability necessary (ROCKSTRÖM et al., 2009; STEFFEN et al.,
for a more just and inclusive order would 2015), “blue acceleration” (JOUFFRAY et
be enhanced with the institutionalization of al., 2021; WOR 7, 2022) and Anthropo-
international relations. The United Nations cene (CRUTZEN and STOERMER, 2000;
(UN) would be, finally, the privileged locus GOUDIE, 2017). The first was based on
of multilateral negotiations (BARROS-PLA- different variables related to maintaining
TIAU and SOENDERGAARD, 2021). The a “safe operating space” for humanity,
expectation was that the paradigm of while the Anthropocene refers to the ac-
“collective security” would no longer be cumulation of old and new challenges for
just for members of the same strategic alli- our future (FRÉMAUX, 2019; DAUVERGNE,
ance, notably NATO and the Warsaw Pact, 2021; CADMAN, HURLBERT, SIMONEL-
and would therefore be “globalized” in LI, 2021; ROSE and DADE, 2022) and for
line with the “indivisible security” and “the ocean management (LEVIN and POE, 2017;
general interest of humankind”. BARROS-PLATIAU and OLIVEIRA, 2020).
However, this hypothesis has become In the context of the blue acceleration,
increasingly contested due to the fact that the project “Governance of the Earth Sys-
the “new order” of the late 20th centu- tem” (ESG Project) and its research frame-
ry did not lead to the expected results of work became an important avenue for
global governance. Even today, the great reflection for managing the quality of the
challenges of combating hunger, poverty, environment and life on the Planet. This ap-
corruption, violence, and environmental proach suggests not only an interdisciplinary
degradation persist (JOUFFRAY et al., 2021; scientific perspective, but also an overview,
YOUNG, 2021). According to the UN An- with its inherent complexity. Thus, the an-
nual Reports, consistent with several oth- alytical framework proposed in the 2018
er recent world reports, the quality of life ESG Project Scientific Plan will be used as a
on Earth has worsened significantly, with starting point, as shown in Figure 1 below.
income concentration and social injustices The main question of this chapter is how
unprecedented in recent history (UN, 2019, does ocean governance fit into and dialogue
2021; UNDESA, 2020). The crises accumu- with global governance? More specifically,
lated with the Covid-19 pandemic further to what extent does recent history and the
aggravated the situation on a global scale international system contribute to shaping
(SACHS et al., 2021; WEF, 2022). ocean governance? In this context, we will
From the perspective of global sustain- first analyze the concept of governance in
ability, despite major advances in some general, with the contextual conditions of
multilateral agendas, the 20th century was Figure 1 above, notably the Anthropocene,
marked by the increased use of fossil ener- and with the research lens “justice and allo-
gy sources (JANCOVICI and BLAIN, 2021). cation” (part 1), and then we will focus more
Paradigms that warn of greater damage specifically on the case of the ocean (part 2),
and risks occurring more frequently and ending with a brief reflection on Brazil (BAR-
intensely prevail, such as “planetary limits” ROS-PLATIAU and BARROS, 2017).
Ocean Governance: the Beacons of History 173