Analysis of ocean ontologies in three frameworks: A study of law of the sea discourse

Abstract

Legal frameworks have historically used a colonial territorialist approach to governing ocean space. The United Nations Convention on the Law of the Sea (1982) represents a theoretical departure from colonial territorialism. Instead, UNCLOS employs a functionalist logic approach that is based on principles of sovereignty and consent and uses administrative reasoning as a basis for decision-making. This paper investigates what ontological principles are employed in the development of UNCLOS and asks how these are reproduced in other frameworks. I consider whether ontologies can be extrapolated and studied as latent but agential positions in ocean law and governance frameworks and examine how they might be obstructive to the development of effective regional ocean governance. Lastly, I ask whether ontological principles can be reformed, and through what type of interventions this might be achieved. Results show that tenets of colonial territorialism persist in UNCLOS as terrestrialising practices that are reappropriated towards marine communities. Further, that there are fundamental ways in which ontological principles are obstructive to conservation goals in ocean governance frameworks. Lastly, while the structural reproduction of ontological principles between frameworks resists intervention, evidence suggests that interventionist legal mechanisms that displace anthropocentrisms may offer distinct opportunities for reform.