The Impact of Environmental Sustainability on Commercial Activities in Areas beyond National Jurisdiction

The harmful impact of human activities is not limited to the territory under State jurisdiction. Significant damage has also been recorded in areas beyond national jurisdiction. Such damage results from the cumulative impact of human activities occurring in both the territories under State jurisdiction and the areas beyond that jurisdiction. The present chapter aims at analysing whether existing international norms are effective at ensuring the environmental sustainability of human activities, particularly those of a commercial nature, which occur in the areas that are not subject to the authority of any State. While international law has traditionally guaranteed the freedom of States in the latter areas, over the past sixty years, numerous obligations have been established to safeguard the integrity of such areas in the interests of all States and the humankind, as a whole. In fact, the conservation of the environment in areas beyond national jurisdiction has repeatedly been recognized as a collective interest under international law. As a matter of fact, the irreversible environmental degradation of areas such as the oceans, Antarctica, and Outer space, due to unregulated commercial activities taking place there, does not only compromise the physical integrity of these areas, but it also jeopardises the ability of the humankind to pass on their uniqueness to future generations.