The legal status of Biodiversity Beyond National Jurisdiction (BBNJ) has been regulated through the High Seas Treaty as a common heritage of humankind. However, there still exist problems related to overlapping areas above the Extended Continental Shelf (ECS). In such areas, a significant continental shelf would fall within national jurisdiction, whereas the water column would be under the regime of the high seas, and BBNJ would be the common heritage of humankind. We argue that, in order to address the overlapping of areas within the superjacent waters in the ECS, a given sui generis status is required, so that the coastal state has a sovereign right to conserve the BBNJ in these areas. This study concludes that the sui generis arrangement should be implemented in the context of an overlapping ECS and its water column. The efforts of the Indonesian government to extend the continental shelf beyond 200 nautical miles constitute an important step in preserving natural resources for future generations.

The Indonesian Ocean Policy (IOP) is a new milestone in managing its oceans since Indonesia ratified the UNCLOS 35 years ago. Indonesia underwent several paradigm shifts in strengthening ocean governance from 1957 to 2014. This research aims to analyse three paradigm shifts in strengthening ocean governance in Indonesia. The research revealed that the milestone of the first shift was the 1957 Djuanda Declaration, recognised by the UNCLOS in 1982, regarding the concept of an archipelago state, called the ‘ocean space paradigm.’ The second, which occurred in the Reformation period (1998-2014) was called the Ocean Development paradigm, while the third paradigm shift was after President Jokowi launched Indonesia’s vision as a Global Maritime Fulcrum. This third paradigm shift was also associated with the emergence of the IOP, which contributes to national development and pays comprehensive attention to the constellation of relations between the countries in Asia and various initiatives in the region.