5 Dumping of Waste at Sea

2017 ◽  
Author(s):  
Harrison James
Keyword(s):  
United Nations ◽  
Marine Environment ◽  
Regional Level ◽  
Law Of The Sea ◽  
International Level ◽  
Precautionary Approach ◽  
Additional Protection ◽  
United Nations Convention ◽  
The Law ◽  
Over Time

Chapter 5 considers how dumping of waste at sea is regulated at the international level and how the relevant norms have evolved over time in order to provide stronger protection for the marine environment. The chapter starts by considering the scope of the term dumping before looking at the relevant provisions in United Nations Convention on the Law of the Sea (UNCLOS) and other relevant treaty regimes. In particular, it focuses on the development of the 1972 London Convention on Dumping and its 1996 Protocol and how these instruments have promoted a progressively more precautionary approach to dumping at sea. Outstanding challenges in the implementation and enforcement of these treaties are highlighted. The chapter then explores how these global treaties interact with UNCLOS through the operation of rules of reference. Finally, the chapter considers what additional protection can be offered through the regulation of dumping at the regional level.

Introductory Remarks by Catherine Redgwell

2017 ◽  
Vol 111 ◽  
pp. 241-242
Author(s):  
Catherine Redgwell
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
Change Over Time ◽  
Evolution And Development ◽  
Technological Developments ◽  
United Nations Convention ◽  
The Law ◽  
Over Time

Although negotiated as a “package deal,” ostensibly comprehensive in scope and universal in its participation, the 1982 United Nations Convention on the Law of the Sea (UNCLOS) was always intended to be capable of further evolution and development. Inevitably strategic interests change over time, and “economic and technological developments have increased the ability to access and harvest the [living and nonliving] resources of the sea and the seabed.” At the same time our knowledge of the oceans, the earth's largest ecosystem (~1.3 billion km3), has continued to evolve, despite large gaps that remain in our understanding.

6 Applications for Provisional Measures

2021 ◽  
Author(s):  
Kittichaisaree Kriangsak
Keyword(s):  
United Nations ◽  
Marine Environment ◽  
The Other ◽  
Law Of The Sea ◽  
Arbitral Tribunal ◽  
International Tribunal ◽  
The Third ◽  
United Nations Convention ◽  
The Law ◽  
The One

This chapter assesses applications for provisional measures of protection under the 1982 United Nations Convention on the Law of the Sea (UNCLOS). At the Third UN Conference on the Law of the Sea, the need for courts or tribunals having jurisdiction under UNCLOS to have the power to prescribe provisional measures was beyond dispute although there was considerable debate concerning the details of the regime associated with such measures. The finally adopted Article 290 of UNCLOS, under the heading ‘Provisional measures’, represents the best possible compromise. Provisional measures are divided into provisional measures prescribed by the International Tribunal for the Law of the Sea (ITLOS) under Article 290(1) pending ITLOS’ judgment on the merits of the dispute, on the one hand, and provisional measures prescribed by ITLOS under Article 290(5) pending the constitution of an arbitral tribunal to which a dispute is being submitted, on the other hand. The request for the prescription of provisional measures shall be in writing and specify the measures requested, the reasons therefor, and the possible consequences, if the request is not granted, for the preservation of the respective rights of the parties or for the prevention of serious harm to the marine environment.

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"

Arigo and Others v. Swift and Others

2021 ◽  
Vol 195 ◽  
pp. 295-373
Keyword(s):  
United States ◽  
United Nations ◽  
International Law ◽  
Marine Environment ◽  
Law Of The Sea ◽  
Environmental Damage ◽  
Restricted Area ◽  
Customary International Law ◽  
United Nations Convention ◽  
The Law

295State immunity — United Nations Convention on the Law of the Sea, 1982 — Articles 30, 31 and 32 — Rules applicable to warships — Non-compliance by warships with laws and regulations of coastal State — United States vessel entering restricted area of Philippine waters — Responsibility of flag State for damage caused by warship — Immunities of warships — Philippines–United States of America Visiting Forces Agreement, 1998 — Whether any waiver of immunity — Role of executiveSea — Treaties — United Nations Convention on the Law of the Sea — Convention not ratified by United States — Customary international law — Coastal State rights — Marine environment — Whether relevant provisions of treaty codifying customary international law — Whether United States responsible for environmental damage — Whether United States immune from suitJurisdiction — United States vessel entering restricted area of Philippine waters — Whether act jure imperii — Environmental damage — Whether United States having immunity — Whether Philippines barred from exercising jurisdiction over United States respondents — Article XVI of Philippines Constitution, 1987Environment — Marine environment — Right to a healthful ecology — Intergenerational responsibility — Writ of Kalikasan — The law of the Philippines

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