ABSTRACT
The global ocean is one of the greatest ecological commons on the planet. Protecting and restoring this commons requires humanity to address a massive void in law and governance. This chapter considers this void from the perspective of the emergence of marine protected areas (as a tool for protection of ecological integrity) and their use within a new legal regime for ‘conservation and sustainable use of marine biological diversity’. It argues that, far from filling the void, this regime represents a ‘retreat’ from the normative development of ocean law. Employing an ecological law and governance approach, it then discusses how the ‘common heritage of mankind’ could be used to protect and restore the ecological integrity of the global ocean.
