Kingston, Jamaica – It was a privilege to welcome His Excellency Judge Patrick Lipton Robinson to the headquarters of the International Seabed Authority in July 2026 for an informal and thought-provoking exchange on the origins, principles and continuing relevance of the United Nations Convention on the Law of the Sea (UNCLOS).
Judge Robinson is one of Jamaica’s most distinguished international jurists. He served as a Judge of the International Court of Justice from 2015 to 2024 and, before that, as a Judge and President of the International Criminal Tribunal for the former Yugoslavia. His career has spanned international adjudication, human rights, international criminal law and the progressive development of international law.
His relationship with the law of the sea is also deeply rooted in history. Judge Robinson was among the members of Jamaica’s delegation who contributed to the international process that culminated in the adoption of UNCLOS and its opening for signature in Montego Bay on 10 December 1982. The conversation between Judge Robinson and Madam Secretary-General Leticia Carvalho therefore offered a valuable opportunity to reflect not only on the text of the Convention, but also on the political vision, negotiations, compromises and ambitions that made that historic agreement possible.
At the heart of the discussion was Part XI of UNCLOS and the principle that the Area and its mineral resources are the common heritage of humankind. This principle represents one of the most innovative and consequential achievements of modern international law. It affirms that areas of the seabed beyond national jurisdiction cannot be appropriated by individual States and that activities in the Area must be organized for the benefit of humankind as a whole, with particular consideration for the interests and needs of developing States.
The common heritage principle is a critical legal and ethical foundation which guides the mandate of the Authority. It continues to shape contemporary discussions concerning equitable benefit-sharing, marine environmental protection, scientific knowledge, technological development, institutional accountability and the participation of all States in ocean governance.
The exchange also underscored the importance of preserving institutional memory. The challenges facing the international community today differ in many respects from those faced by the negotiators of UNCLOS. Scientific knowledge has advanced, environmental concerns have become more urgent, geopolitical conditions have significantly shifted, and technology has rapidly evolved, delivering previously unimaginable capabilities. The objectives embedded in the Convention – including cooperation, equity, peaceful use of the oceans and stewardship on behalf of present and future generations – nonetheless, remain critical in framing progress under UNCLOS.
The Authority must remain closely connected to the legal history and political purpose of the system it was created to administer. Engagement with eminent jurists, former negotiators, scientists, policymakers and other thought leaders helps the Authority understand the Convention as a living framework: one that must be implemented faithfully, thoughtfully and responsively in light of new knowledge, capabilities and evolving circumstances.
We are grateful to Judge Robinson for sharing his perspectives and for his decades of service to Jamaica and to the field of international law. Conversations such as these continue to strengthen our collective understanding of the responsibilities entrusted to the Authority and remind us that the common heritage of humankind is both a legal principle and an enduring commitment to international cooperation and solidarity.
