Principles And Objectives Of The Legal Regime Governing Areas Beyond National Jurisdiction—Commentary On Tullio Treves

This chapter is based on the spoken commentary provided by the author at the Fourth J.W.H. Verzijl Memorial Symposiumon 21 November 2008, with subsequent elaboration. Professor Tullio Treves' paper proposes some ideas of a very general character relevant to the governance of areas beyond national jurisdiction (ABNJ). This commentary focuses on just two matters. The first is one of the ideas raised by Treves, namely that of making the due regard concept in international law more precise. In the Convention on the Law of the Sea (LOS Convention), as indicated by Treves, reference to due regard in the context of the exercise of high seas freedoms can be found in Article 87. Maritime Safety Committee (MSP) involves the making of strategic decisions about the use of marine space, whether in relation to the surface, water column, seabed or subsoil. The second is the matter of stakeholder participation in decision-making. Keywords: areas beyond national Jurisdiction (ABNJ); Convention on the Law of the Sea (LOS Convention); Maritime Safety Committee (MSP); Tullio Treves