Managing High Seas through a Sui Generis

Abstract

One of the most challenging issues in ocean affairs today is managing marine genetic resources in the high seas. Discussions on biodiversity beyond national jurisdictions is complex and vast, encompassing fundamental questions such as the meaning of conservation and management of biodiversity, the meaning of marine genetic resources, transfer of technology, benefit sharing, the meaning and implication of a legally binding instrument, and many other rather complex matters. I shall not address all of them but offer some of my observations based on our geographic ocean features as the largest archipelagic State in the world. Indonesia is a country that has direct contact with area of biodiversity beyond national jurisdiction in two fronts, namely in the eastern part of Indian Ocean and the western part of the Pacific Ocean. I am sure, Indonesia is not the only one that has these rather unique geographic features. Many of those countries are also represented at this Conference. In our view, activities in the areas beyond national jurisdiction will have a direct impact on areas under our jurisdiction and also vice versa. Conservation and management of living resources as well as pollution are of particular concern, because the marine environment as an ecosystem will affect them regardless of legal boundaries established in accordance with unclos 1982. Fish have no passports. Furthermore, Indonesia has delineated its continental shelf beyond 200 nautical miles in the northwest of Sumatra based on the recommendation adopted by the Commission on the Limits of the Continental Shelf of 28 March 2011, and recently, on 11 April 2019, Indonesia made another submission on the Eauripik Rise in the Pacific Ocean, covering an area of more than 196,000 square kilometers.