71 percent of the Earth’s surface is covered by oceans; 64% of these oceans are considered high seas or international waters. Marine areas beyond national jurisdiction comprise this column of international waters and its sea and ocean bottoms and its subsoil, called the Zone. We recall that this definition is referring to two different marine spaces and with different normative regulations.
The High Seas and the Zone are areas teeming with marine biodiversity and vital resources. Hence the importance of defining the scope of the future international agreement for the conservation and sustainable use of its biodiversity, since its exploitation would be covered by the freedoms of the high seas but also protected as it is the common heritage of mankind. Any management criteria for specific areas outside the national jurisdiction must be compatible with the provisions of the 1982 Jamaica Convention (UNCLOS). How to implement a legally binding international agreement for the conservation and sustainable use of marine diversity in these areas if there are different pre-existing agreements and different fields? In this book we will present the challenges and difficulties in developing a legally binding international instrument.