The ocean is changing faster than the rules that govern it
8 June is World Oceans Day, and the UN wants to ‘reimagine’ a new relationship with the ocean. But how does that work when reality changes so fast? We ask assistant professor Hilde Woker, a law of the sea expert.
The world has changed considerably since the United Nations Convention on the Law of the Sea (UNCLOS) – often referred to as the ‘constitution of the ocean’ – was adopted in 1982. We had no climate refugees then, no offshore aquaculture in the open ocean, or floating installations to collect plastic debris. So, how does this UN Convention then apply in today’s world? ‘A constitution is a sort of basic framework containing fundamental norms, values, rights and obligations,’ Woker explains. ‘The Dutch Constitution has been in existence for hundreds of years. Its very nature as a constitution implies that it can evolve with the times.’
A constitution needs to breathe
And it is breathing. In January 2026, the Biodiversity Beyond National Jurisdiction Agreement (BBNJ) officially entered into force, a global treaty providing clearer rules to protect biodiversity on the high seas and deep seabed. This includes the creation of Marine Protected Areas, with which parties to the treaty can set aside specific protected marine zones on the high seas, outside national borders. The treaty also recognises indigenous knowledge alongside scientific research, a development that aligns with a broader movement that no longer sees nature solely as a legal object.
‘The ocean connects different perspectives’
‘The ocean is no longer just a place where states operate or derive benefits’, Woker says. ‘While by no means perfect, the distinctive thing about the BBNJ Agreement is that it recognises that the ocean connects different perspectives, which goes further than UNCLOS. The relationship that, for example, inhabitants of Pacific islands have with the sea is completely different from the way the Western world has traditionally viewed the ocean.’
The BBNJ Agreement is not alone in this. Two years earlier, in 2024, the International Tribunal for the Law of the Sea issued an important advisory opinion: CO₂ emissions can be classified as marine pollution under UNCLOS. A seemingly technical ruling with far-reaching consequences, as it suddenly made it possible to apply the entire environmental law framework of the maritime convention to climate change.
A new reality
‘Ultimately, with the law of the sea we are governing our relationship with the ocean,’ Woker continues. ‘And that relationship often changes – sometimes quite dramatically. Hundreds of years ago, it was all about trade, colonisation, and spices, but also about warfare. Today, it also concerns science and environmental protection, and technology has advanced much further.’
‘With the law of the sea we are governing our relationship with the ocean’
The consequence of these changes is a new reality. Artificial islands are being created to accommodate climate refugees who are forced to leave their own islands. Migrating fish species evade the existing quota. And then there’s the Ocean Cleanup installation: it cannot be classified as a ship, platform, or vessel as recognised by UNCLOS. The law of the sea is trying to keep up. But there are other developments too.
The Dutch deep-sea paradox
New technology was actually one of the reasons for the establishment of UNCLOS. In the 1960s and 70s, it seemed that commercial deep-sea mining was imminent, and we needed to have international agreements. Now, 40 years on, there is still no deep-sea mining because the rules to govern it were never agreed on. The International Seabed Authority is working on the regulatory framework, but growing scientific uncertainty – ‘an awareness of how limited our knowledge actually is’, as Woker puts it – has led dozens of countries to call for a delay (a moratorium).
However, the United States, which is not a party to UNCLOS, does not want to delay. President Trump has signed an executive order allowing for mining in international waters under American jurisdiction.
‘Fortunately, the law of the sea is evolving, but we must remain alert to those who repeatedly try to undermine it’
And that’s causing problems for the Netherlands. The technology that American companies want to use for mining was developed by a Dutch company, but the Dutch government is opposed to unilateral deep-sea mining. 'While as an international community, we’re all saying: what the United States wants to do here shouldn’t be allowed,' Woker says. 'It goes against the common heritage of mankind.’ This is precisely the kind of situation UNCLOS was designed to address: to prevent technological advantage or national interests from determining who gets to exploit the ocean and who doesn’t.
The sea on our doorstep
The theme of this year’s World Ocean Day, ‘Reimagine’, calls on us to open our eyes, Woker says. ‘I’m surprised by how little public attention is given to the sea even though it’s so important to the Netherlands, a country with a long maritime tradition, from the Caribbean islands to how we contribute to developing technologies in other countries. Fortunately, the law of the sea is evolving, but we must remain alert to those who repeatedly try to undermine it.’
The Netherlands still has much to gain. ‘When we think of the sea or the ocean, we picture crystal-clear, turquoise water, but rarely our own beautiful North Sea. Even though it's teeming with life, holds so much beauty, and we depend on it for so much of our trade. We might do well to embrace that image of the North Sea a little bit more.’