无法之海

圣地亚哥—法治精神几乎完全不存在,基本没有治理和政策可言。非法的、地下的、不受监管的经济活动猖獗。强者蹂躏弱者,抢夺不可再生资源。环境破坏日益加剧。

这听起来像是在描述某个失败国家,一个饱受内战摧残的绝望穷国,或是虚构异邦。非也。有一片接近无政府状态的广袤之地(占地球表面的45%),它的名字叫作公海。全球近三分之二的海域处于所有国家的法律辖区之外。

这是如何形成的?毕竟,1982年就有了具备法律约束力的联合国海洋法公约(United Nations Convention on the Law of the Sea,简称UNCLOS),166个国家和欧盟在公约上签了字。在UNCLOS尚处于谈判阶段时,公海是受保护的,因为它们很难进入。但科技进步使得资源勘探能够在比以往任何时候更远更深的地方进行。如今,渔船可以全球作业,深海钻井提供的石油和天然气比例日益增加。UNCLOS已经跟不上时代的发展了。

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