2 The United Nations Convention on the Law of the Sea and the Protection and Preservation of the Marine Environment

2017 ◽  
Author(s):  
Harrison James
Keyword(s):  
United Nations ◽  
Marine Environment ◽  
Sustainable Use ◽  
Subsequent Development ◽  
Law Of The Sea ◽  
Marine Environmental Protection ◽  
History Of ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

Chapter 2 examines the way in which marine environmental protection is addressed in the United Nations Convention on the Law of the Sea (UNCLOS). UNCLOS sets out the jurisdictional framework for the law of the sea and prescribes general principles and rules relating to pollution of the marine environment and the sustainable use of marine living resources. The chapter considers the drafting history of UNCLOS. It explores the range of substantive and procedural rules on the protection of the marine environment, as well as how those provisions have been interpreted in recent judicial or arbitral proceedings. The chapter argues that UNCLOS provides a basic layer of protection for the marine environment but it also foresees the subsequent development of environmental rules and standards that are more detailed. Thus, UNCLOS should be understood as an umbrella convention that must read in light of other treaties and related instruments.

The Freedom to Use the High Seas to Protect and Preserve the Marine Environment: Case Study of the Activities of The Ocean Cleanup

2021 ◽  
pp. 1-11
Author(s):  
Talitha Ramphal
Keyword(s):  
United Nations ◽  
International Law ◽  
Marine Environment ◽  
Marine Debris ◽  
Law Of The Sea ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
High Seas

Abstract Activities to tackle marine debris are conducted on the high seas by The Ocean Cleanup. The high seas are open to all States and may be used as long this is consistent with the United Nations Convention on the Law of the Sea (LOSC) and other rules of international law. This article argues that the LOSC provides for the freedom to use the high seas to protect and preserve the marine environment, including tackling marine debris, when interpreting Article 87 of the LOSC in light of present day needs.

scholarly journals Developments in International Law of the Sea in the Light of Some Recent Judicial Decisions

2018 ◽  
Vol 34 (3) ◽  
Author(s):  
Pierre Klein ◽  
Tiến Vinh Nguyễn
Keyword(s):  
United Nations ◽  
International Law ◽  
Marine Environment ◽  
Law Of The Sea ◽  
New Developments ◽  
Judicial Decisions ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

This paper summarizes and analyzes the new developments in international law of the sea through a number of recent international cases, particularly through the Arbitration's Award in the Philippinesv. China Case over the East Sea. These developments include those releated to the United Nations Convention on the Law of the Sea 1982, the scope and basis of national rights to defferent maritime zones; Maritime delimitation; the important role of agreement in maritime delimitation and the signification of equitable and faire outcome; The rights and obligations of the State in the protection of the marine environment. Through its analysis and assessment, the article also confirms the central role of the United Nations Convention on the Law of the Sea, called the "Charter of the Sea and Oceans"

The Commission on the Limits of the Continental Shelf and its Disturbing Propensity to Legislate

2011 ◽  
Vol 26 (3) ◽  
pp. 355-383 ◽  
Author(s):  
Andrew Serdy
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Law Of The Sea ◽  
Continental Shelves ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

AbstractCreated by the United Nations Convention on the Law of the Sea to apply the rules in Article 76 on the outer limits of the continental shelf beyond 200 nautical miles from States’ territorial sea baselines, the Commission on the Limits of the Continental Shelf has on several occasions introduced new requirements for States not supported by Article 76, or impermissibly qualifying the rights Article 76 accords them. This article focuses on several such instances, one to the coastal State’s advantage (though temporally rather than spatially), another neutral (though requiring unnecessary work of States), but the remainder all tending to reduce the area of continental shelves. The net effect has been to deprive States of areas of legal continental shelf to which a reasonable interpretation of Article 76 entitles them, and in one case even of their right to have their submissions examined on their merits, even though, paradoxically, the well-meaning intention behind at least some of the Commission’s pronouncements was to avoid other controversies.

How to Amend UNCLOS and Why It Has Never Been Done

2021 ◽  
Vol 9 (1) ◽  
pp. 72-83
Author(s):  
Chris Whomersley
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
International Organisations ◽  
International Labour Organisation ◽  
International Maritime Organisation ◽  
Consensus Procedure ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Labour Organisation

Abstract The United Nations Convention on the Law of the Sea (UNCLOS) contains detailed provisions concerning its amendment, but these have never been used and this article explores why this is so. States have instead maintained the Convention as a “living instrument” by adopting updated rules in other organisations, especially the International Maritime Organisation and the International Labour Organisation. States have also used the consensus procedure at Meetings of the States Parties to modify procedural provisions in UNCLOS, and have adopted two Implementation Agreements relating to UNCLOS. In addition, port State jurisdiction has developed considerably since the adoption of UNCLOS, and of course other international organisations have been active in related fields.

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