Preliminary notes - preface

• Date: 08 April 2021
• Published date: 08 April 2021

PREFACE TO THE

FIRST 2016 ISSUE

Twenty years ago, Nelson Mandela reminded the delegates

at the fifth session of the Independent World Commission on

the Oceans in Cape Town that ‘[o]ur future as human beings

depends on our intelligent and prudent use of the oceans. And

that in turn will depend on the determined efforts of dedicated

women and men from all parts of our planet’.

With over 90% of their imports and exports conducted by

sea, a combined population higher than that of Europe and

comparable to that of China and India (20% of which depend

on marine living resources for their nutritional security), a coast

of more than 22 000 nm and a combined exclusive economic

zone of more than 13 million km2, African coastal and island

States are meant to make a major contribution to the governance

of the world’s oceans. Indeed, close to 40 States line up the

whole southern coast of the Mediterranean Sea, about two

thirds of the eastern shores of the Atlantic Ocean as well as

the whole Western Indian Ocean. In addition, Africa constitutes

the landmass nearest to Antarctica in a substantial part of the

Earth’s circumference.

Yet, the continent has not until now had a significant impact

on the law of the sea and ocean governance commensurate with

its size and location. There are various reasons for this state

of affairs. One of them is that African States did not have the

opportunity to participate in the development of the law of the

sea until about 60 years ago. Since then, African States made a

major contribution to the negotiations leading to the adoption

of the UN Convention on the Law of the Sea in 1982 as well as

to its coming into force in 1994. Nevertheless, until recently

and with few exceptions, maritime affairs were low priorities

among the national, regional and continental developmental

challenges. As a result, the average level of participation of

African States in the relevant major international instruments

and organisations is disappointingly low; the number and

nature of, and access to, regional and domestic legal and policy

materials are frustratingly limited; and the growth of indigenous

expertise and scholarship is painfully stunted.

Less than 10 years ago, however, the degenerating maritime

security situations in the Gulf of Guinea and the Horn of

Africa contributed to pushing the present and future states of

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2021 JOGA Editorial

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