Law of the Sea Perspectives on Climate Change

2012 ◽  
Vol 27 (4) ◽  
pp. 831-838 ◽  
Author(s):  
Alan Boyle
Keyword(s):  
Climate Change ◽  
Greenhouse Gas ◽  
Marine Environment ◽  
Dispute Settlement ◽  
Ghg Emissions ◽  
Law Of The Sea ◽  
Legal Regime ◽  
The Law

Abstract The Law of the Sea Convention was negotiated at a time when climate change was not yet part of the international environmental agenda. Nevertheless, it is not a static or immutable legal regime and it is not difficult to apply Part XII to greenhouse gas (GHG) emissions and climate change insofar as they affect the marine environment. However, it is doubtful whether viewing climate change from the perspective of the law of the marine environment greatly alters the overall picture. At best it provides a vehicle for compulsory dispute settlement notably lacking in the UN Framework Convention on Climate Change (UNFCCC) regime. Realistically, while the 1982 Convention may import any newly agreed standards for the control of GHGs, it is not a substitute for further agreement within the UNFCCC framework.

11 The Deep Seabed

2015 ◽  
Author(s):  
Lodge Michael W
Keyword(s):  
Legal Status ◽  
Dispute Settlement ◽  
Law Of The Sea ◽  
Legal Regime ◽  
Commercial Exploitation ◽  
National Jurisdiction ◽  
The Law ◽  
International Seabed Authority

The deep seabed is the part of the seabed that is beyond national jurisdiction and is referred to as ‘the Area’ in the UN Convention on the Law of the Sea (LOSC). This chapter discusses the legal regime of the deep seabed. It covers the legal status of the Area and its resources; the International Seabed Authority; the regulation of ‘activities in the Area’; commercial exploitation; reserved areas; sponsorship by states parties; dispute settlement; and responsibility of the International Seabed Authority under Article 82 (4) of the LOSC.

The Role of the Law of the Sea in Climate Change Litigation

2020 ◽  
Vol 11 (1) ◽  
pp. 141-169
Author(s):  
Elise Johansen
Keyword(s):  
Climate Change ◽  
Ghg Emissions ◽  
Law Of The Sea ◽  
Refugee Law ◽  
Legal Obligations ◽  
The Law ◽  
Tackle Climate Change ◽  
The Relationship ◽  
Untapped Resource

People around the world are turning to the courts to ensure that steps are taken to tackle climate change, using litigation as a tool to force action. An emerging trend in climate litigation is to look to other legal regimes for sources of climate obligation and there is a growing number of climate change cases looking at the relationship between human rights and climate change, and refugee law and climate change. This paper looks at the role of the law of the sea regime in climate change cases, in which some connections to ocean issues are identified – either because the activities that contribute to GHG emissions takes place in the ocean space, or because the effects are felt there. One main finding is that that the use of the law of the sea-based rights and obligations is almost non-existent in climate litigation. Another main finding, based on an analysis of one of the relevant cases, namely the Norwegian Climate Change Case, is that the general obligations established by section 1 of Part XII of the LOSC represent an untapped resource to legal obligations in climate litigation.

Singapore

2018 ◽  
Vol 33 (4) ◽  
pp. 836-846
Author(s):  
Millicent McCreath
Keyword(s):  
Climate Change ◽  
International Law ◽  
Sea Level Rise ◽  
Sea Level ◽  
Dispute Settlement ◽  
Law Of The Sea ◽  
National University ◽  
The Status ◽  
The Law

Abstract This article summarises and discusses the main issues addressed at the conference hosted by the Centre for International Law at the National University of Singapore in March 2018 on Climate Change and the Law of the Sea: Adapting the Law of the Sea to Address the Challenges of Climate Change. The conference covered topics including the status and entitlement of offshore features, impacts of sea-level rise on baselines, the content of the LOSC climate change obligations, climate change dispute settlement under the LOSC, and possible ways to develop or adapt the LOSC to address the challenges of climate change.

The Persisting Problem of Non-compliance with the Law of the Sea Convention: Disorder in the Oceans

2012 ◽  
Vol 27 (4) ◽  
pp. 813-820 ◽  
Author(s):  
Robin Churchill
Keyword(s):  
Capacity Building ◽  
Marine Environment ◽  
Dispute Settlement ◽  
Law Of The Sea ◽  
Counter Measures ◽  
The Law ◽  
Compliance With The Law

Abstract There is widespread and persisting non-compliance in relation to many of the provisions of the UN Convention on the Law of the Sea. This is a matter of serious concern because it undermines the integrity and legitimacy of the Convention, causes disputes and harms the marine environment. To remedy the situation, more use should be made of existing mechanisms to induce compliance, especially the possibilities of compulsory dispute settlement under Part XV of the Convention, retorsion and counter-measures, and by developing compliance mechanisms for other treaties that indirectly help to promote compliance with the Convention. In some cases assistance in capacity building may also be desirable.

8. The international law of the sea

2017 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
United Nations ◽  
International Law ◽  
Marine Environment ◽  
Dispute Settlement ◽  
Legal Regulation ◽  
Law Of The Sea ◽  
Spatial Partitioning ◽  
Short Introduction ◽  
Public International Law ◽  
The Law

The international law of the sea is one of the oldest disciplines of public international law. In fact, the identification and application of principles for governing the roughly 70 per cent of the earth's surface that consists of water has been a topic of interest for centuries. This chapter deals with the main principles and rules that make up the international legal regulation of the seas. It begins by discussing the most important legal sources in the law of the sea, including the 1982 United Nations Law of the Sea Convention. It then discusses the spatial partitioning of the sea and the different maritime zones that exist in the law of the sea; examines a number of selected issues relating to the conservation of marine life; and discusses the protection of the marine environment. The final section provides a short introduction to dispute settlement in the law of the sea.

Birnie, Boyle, and Redgwell's International Law and the Environment

2021 ◽  
Author(s):  
Alan Boyle ◽  
Catherine Redgwell
Keyword(s):  
Climate Change ◽  
International Law ◽  
Atmospheric Pollution ◽  
Dispute Settlement ◽  
Law Of The Sea ◽  
State Responsibility ◽  
Environmental Rights ◽  
International Regulation ◽  
The Core ◽  
The Law

Birnie, Boyle, and Redgwell's International Law and the Environment places legislation on the protection of the environment firmly at the core of its argument. It uses sharp and thorough analysis of the law, sharing knowledge and experience. The chapters provide a unique perspective on the implications of international regulation, promoting a wide understanding of the pertinent issues impacting upon the law. The text starts by looking at international law and the environment. It looks at the rights and obligations of states concerning the protection of the environment. The text also considers interstate enforcement which includes state responsibility, compliance, and dispute settlement. It moves on to consider non-state actors such as environmental rights, liability, and crimes. Climate change and atmospheric pollution are given some consideration. The text also examines the law of the sea and protection of the marine environment. Conservation is dealt with in detail, including the conservation of nature, ecosystems, and biodiversity and marine living resources. Finally, the text looks at international trade.

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