ABSTRACT
Seventy per cent of the earth is made up of oceans and it is estimated that ninety-five per cent of marine species come under the jurisdiction of individual states (de Klemm and Shine, 1993). Nevertheless, until relatively recently, the law of the marine environment was poorly developed; legal instruments were adopted at both national and international level in a reactionary piecemeal fashion to address issues as they arose. The gradual recognition of the need to manage the marine environment in a coordinated and collaborative manner across jurisdictional boundaries has resulted in the evolution of a complex web of legal instruments. These span international, regional, European and national levels. The unique character of oceans and seas however, creates a set of particular problems when consideration is given as to how it should be governed. Legal principles such as state sovereignty, global commons and freedom of navigation are not readily departed from.
