4. Conclusions
The discussion in this article shows that the High Seas Treaty will apply to international shipping in the ABNJ. The shipping on the high seas continues to be governed by UNCLOS provisions on the high seas’ freedoms and protection of the marine environment. Vessels on the high seas will remain under exclusive jurisdiction of flag States, as regulated by UNCLOS. However, the Treaty will have legal implications for flag States’ obligations with regard to their ships, as flag States are those having jurisdiction or control over the activity, i.e. shipping. The Treaty’s provisions on EIAs may apply to shipping in the ABNJ (but this has not been analysed in this article).
Further, all States joining the Treaty undertake an obligation to promote its objectives and to implement their obligations with regard to the protection of marine biodiversity of the ABNJ. Indeed, the effectiveness of the Treaty will depend on its effective implementation by flag States. This article shows the crucial role of the IMO as an international organisation for shipping to regulate and improve the high seas’ governance. However, shipping cannot be regulated on a purely sectoral basis, i.e. in isolation from other sectors and societal problems and regulatory approaches. The adoption of the High Seas Treaty presents an opportunity for the IMO to contribute to the ocean governance in a fundamentally new way, engaging more actively with other ocean governance frameworks and law-developing bodies. The IMO has significant experience of cooperation with other international organisations with major ocean responsibilities. The IMO may strengthen its position as a pro-active, constructive actor in the ocean governance and support the collective effort of the international community to address concerns caused by depletion of marine biodiversity. This also supports the spirit of UNCLOS, which calls for cooperation between States as a positive duty.
The point at issue for this article is the need to establishing ABMTs applicable to shipping on the high seas, since currently there is a significant gap in IMO’s input on ABMTs for the high seas. It is important for the IMO and its member States to strengthen their prospective contribution to ocean governance by moving ahead with high seas’ PSSAs and cooperating with other bodies on relevant ABMT for shipping. The High Seas Treaty seeks to enable cooperation and coordination across global and regional bodies and economic sectors.