Beyond States: Ocean Governance in the Anthropocene

Facing the Anthropocene, the ocean legal order encounters hurdles to address rapid, uncertain and unprecedented changes. This study assesses the capacity of the United Nations Convention on the Law of the Sea (UNCLOS) to respond adeptly to complex challenges. Examining the social framework of UNCLOS spanning four decades, this study shows that ocean governance is characterized by a polycentric and dynamic institutional framework. While states are central to this social framework, other structural regulatory forces have enabled and conditioned the evolution of ocean governance. Facing the Anthropocene, this social framework has contributed to UNCLOS’ adaptation, yet not enough to break the liberal pattern generated by its foundational principles or to shift away from a state-centred approach to ocean governance. Through this analysis, the study enriches the current dialogue on the adaptive potential of international legal instruments in addressing complex global challenges amidst the Anthropocene.