João Eduardo Colognesi Serpa
- School: UCD School of Philosophy
- Supervisor: Professor Maeve Cooke
‘Environmental Ethics in the Free Use of the Oceans: the United Nations Convention on the Law of the Sea’
João Serpa’s PhD thesis, funded by the Brazilian Government’s Scientific Agency – Capes -, sets out to achieve the following general research objective: to evaluate how the principle of freedom of the seas impacts on the use of marine resources according to environmental ethics. In order to do this, it attempts to meet another three specific objectives: 1- to retrace the history of the social construction of the use of the oceans, focusing on the principle of freedom; 2- to propose a concept of environmental ethics that could be applied to the use of the oceans; 3- to make recommendations at the international level for an ethical sustainable management of ocean resources.
The challenges of marine sustainability are immense and reveal a unique characteristic: the oceans are not subject to any country’s sovereignty, which limits the international community’s capacity to oversee human activities on the High Seas. Consequently, the oceans are a common-use area, open to all States, with both their management and issues shared by all. The primary global document addressing this topic is the United Nations Convention on the Law of the Sea (UNCLOS), the main political and legal framework governing ocean use. UNCLOS is the historical outcome of a debate that began in antiquity but gained momentum and substance through the writings of jurist Hugo Grotius, advocating for the freedom of the seas.
The principle of freedom is now codified and accepted by the international community. However, the history of ocean use reveals that its establishment was lengthy and uncertain. A substantial portion of the oceans remains under state sovereignty—mainly the accessible, resource-rich coastal zones—while the High Seas, distant from continental landmasses, are freely accessible. Additionally, imperialistic actions of global powers continue to manipulate ocean freedom in accordance with their political and economic interests. Thus, both Grotius and his rival, Selden, have influenced contemporary ocean management.
In general, ethics is associated only with its more traditional social-contract orientation, focused on human interests. Australian philosopher Peter Singer disagrees with this thesis, viewing it as inadequate for addressing today’s greatest challenge: the environmental crisis. Conversely, Catherine Larrère and UCD professor Maeve Cooke see no conceptual issue with environmental ethics being anthropocentric, provided certain conditions are met.
Since the end of World War II, countries have sought to regulate international issues through treaties, of which UNCLOS, dating from 1982, is a prime example. Its framework generated two additional complementary conventions: the United Nations Fish Stocks Agreement, focusing on commercial oceanic resources, and the Treaty on Biodiversity Beyond National Jurisdiction, which excludes fish from its scope. Ultimately, these elements contribute to a scenario in which the oceans are entering the “Tragedy of the Commons”, as laid out by the ecologist Garret Hardin.
This context urges the international community to develop innovative and effective strategies for marine resource management and global environmental governance, ideally in the short term. Such strategies should respect ethical principles, not necessarily by reducing freedom, but by increasing shared responsibilities. The research seeks to determine if UNCLOS is imbued with environmental ethics concerns and to make recommendations for adapting UNCLOS to the current challenges of the international environmental regime.
Contact details:
Email: (opens in a new window)joao.serpa@ucdconnect.ie