Africa's Blue Economy: A Policy Handbook

Part I - Legal, regulatory, and institutional framework

general legal framework within which all activities in the oceans and seas must be carried out. This convention also outlines the rights and obligations of States in carrying out these activities, including those relating to navigation, living and nonliving resources, protection and preservation of the marine environment, marine scientific research, and development and transfer of marine technology, in all maritime areas provided for in the convention. It provides the means for achieving legal certainty in a number of areas, including the delineation of maritime zones. With regard to maritime zones delineation, clearly defined and duly publicized limits of maritime zones are an essential basis for States to derive benefits from the oceans and their resources. These limits provide certainty with regard to the extent of the sovereignty or sovereign rights and jurisdiction of coastal States, thereby creating a fundamental precondition to attracting investments for exploration and exploitation activities. Under UNCLOS, the CLCS assists coastal States in the establishment of the outer limits of the continental shelf. 38 The sustainable use of nonliving resources, including those in the sea floor and subsoil, is crucial in the development of a sustainable ocean-based economy, particularly for developing coastal States. The Convention on the Law of the Sea contributes to the strengthening of peace, security, cooperation, and friendly relations among all nations, as well as to the promotion of the economic and social advancement of all peoples of the world, and to the sustainable development of the oceans and seas. The high rate of ratification of this instrument by African States is encouraging and a valuable step forward. However, there remain considerable challenges with regard to implementation, including harmonization of national laws with relevant provisions and uniform and consistent application of these provisions. Implementation of UNCLOS requires domestic legal, policy, and institutional frameworks, as well as cross-linkages with other sectors. The framework provided by UNCLOS takes into account the possibility of adopting other agreements to facilitate the implementation of its provisions. The convention is thus complemented by two implementing agreements. The 1994 Agreement Relating to the Implementation of Part XI of the Convention on the Lawof the Sea is relevant to the exploration and exploitation of the resources of the international seabed area (known as the Area), which is considered to be the “common heritage of mankind.” In other words, the benefits of economic gains from activities in the Area are to benefit all of humanity. The Area is

38 http://www.un.org/depts/los/clcs_new/clcs_home.htm (accessed 27 November 2015)

52 Africa's Blue Economy: A policy handbook