Equity in the contemporary oceans governance framework: a stocktake of UNCLOS and its implementing agreements

Abstract Inequity is one of the many challenges ocean governance faces. Equity principles are increasingly receiving attention; for example, the ‘principle of equity and the fair and equitable sharing of benefits’ was included in the Agreement for Biodiversity Beyond National Jurisdiction. However, a holistic understanding of equity across the principal legal instruments of ocean governance is lacking. This article aims to assess the United Nations Convention on the Law of the Sea and its three implementing agreements through an equity lens. Based on an equity model adapted from Bennett (2022), six different equity dimensions – recognitional, distributional, procedural, environmental, management, and contextual equity – were tracked throughout the treaties. The results revealed a positive trend towards greater inclusion of equity dimensions in modern treaties. Furthermore, under the recognitional equity dimension, more stakeholders are acknowledged. However, these findings are only the beginning, and more research is needed to analyse the implementation of these treaties. Increasing attention is paid towards inequities within ocean governance, and this research provides the legal background to address equity concerns faced by various stakeholders.