Treaty Evolution, Adaptation and Change: Is the LOSC ‘Enough’ to Address Climate Change Impacts on the Marine Environment?

2019 ◽  
Vol 34 (3) ◽  
pp. 440-457
Author(s):  
Catherine Redgwell

AbstractClimate change poses serious threats to the marine environment but there is no explicit mention of climate change, ocean warming and acidification in LOSC. This comes as little surprise, given its conclusion in the early 1980s when appreciation for the potential severity of climate change was emerging. As a ‘living instrument’, the Convention has the flexibility and legal tools to address emerging climate change impacts. This article assesses its capacity to do so, as well as the extent to which the oceans have featured in the climate regime. LOSC is not ‘enough’ – but then, it has never been a ‘one stop shop’ for marine environmental protection, whether from conventional sources of marine pollution or from relatively newly appreciated threats such as the impacts of climate change. Indeed, a multifaceted approach is typical of legal responses to the ‘super wicked’ problem of climate change, and the oceans are no exception.

1979 ◽  
Vol 1979 (1) ◽  
pp. 277-281
Author(s):  
Joseph J. McClelland

ABSTRACT During the past five years, the Soviet Union has made particular efforts to develop regulations and procedures for the prevention and cleanup of pollution of the marine environment from shipping. This paper briefly discusses the governmental organization relative to environmental regulation and enforcement, and marine pollution response practice and equipment. The information presented was obtained through a Joint U.S.-U.S.S.R. Project on Prevention and Cleanup of Pollution of the Marine Environment from Shipping, the first meeting of which took place in May 1973.


2019 ◽  
Vol 35 (3) ◽  
Author(s):  
Nguyen Thi Xuan Son ◽  
Nguyen Hong Thao

In the twenty-first century, before the revolution of science and technology 4.0 and 5.0, environmental protection and sustainable development are increasingly becoming a great concern of humanity as well as of each country. Among the components of the environment, the marine environment plays an important role with 71% of the Earth's surface covered with water and 90% of the biosphere is the ocean. Along with the development of the sea direction of mankind - the cradle of Earth's life - the sea is also facing serious challenges of pollution, over-fishing of marine resources. Marine environmental protection is not limited to a single country. Due to the uniformity of the marine environment, the spread of transboundary agents in the marine environment and climate change, this task requires cooperation between countries. Regional international treaties serve as a basis for cooperation in marine environmental protection. The paper will focus on analyzing and assessing regional efforts in approving regional international treaties on marine environmental protection, with a focus on environmental protection cooperation mechanisms, especially in East Asia and South East Asia. These are selected areas due to their advanced marine environmental protection experience and socio-economic similarities. Keywords: Marine environment, marine environmental pollution, regional cooperation. References: [1] ASEAN leaders statement on climate change to the 17th ses-sion oỷthe Con/erence ofthe Parties to the United Nationsỷrame¬ work cơnvention ôn clìmate change and the 7th session of the Con-/erence of parties serving as the meetỉng parties ót the Kyoto Pro-tocol. Bali, Indonesia, 18 November 2011. Truy cập ngày 22/3/2019 tại:http:// www.aseansec.org/documents/19th%20summit/ASEAN_Lead-ers%27_Statement_on_Climate_Change.pdf.[2] Bangkok Declaration on the ASEAN Environment. Bangkok, Thailand, 29 November 1984. Truy cập ngày 28/4/2019 tại:http://www.aseansec.org/6079.htm.[3] Globalism and regionalism in the protection of the marine environment, Truy cập ngày 28/4/2019 tại: https://text.123doc.org/document/740029-globalism-and-regionalism-in-the-protection-of-the-marine-environment.htm OSPAR Convention, https://www.ospar.org/convention.[4] K. Kheng-Lian, NA. Robison, Strengthening sustainable Development in Regional In-Governmental Covernance: Lessons from the “ASEAN Way”, Singapore Journal of International and Comparative Law, 2002. - 16.[5] Manila Declaration on the ASEAN Environment. Manila, Philippines, 30 April 1981, truy cập ngày 27/4/2019 tại:http://environment.asean.org/index.php?page=agreements:maniladeclaration.[6] Naoki Amako , Japan’s MPA Policies and arrangements pertaining to the work of NEAMPAN, truy cập ngày 27/4/2019 tại:http://www.neaspec.org/sites/default/files/Japan_MOE_amako.pdf. [7] New Delhi ASEAN - India Ministerial Statement on Biodi-versity. New Delhi, India, 7 September 2012. Truy cập ngày 23/3/2019 tại:http:// www.asean.org/images/2012/documents/New%20Delhi%20ASEA N%20India%20Ministerial%20Statement%20on%20Biodiver-sity%20Final.pdf.[8] JW. Davis, Global Aspectes of Marine Pollution Policy. The Need for a New International Convention (1990) 14 Marine Policy 191.


2019 ◽  
Vol 4 (2) ◽  
pp. 202-220
Author(s):  
Amber Rose Maggio

Southeast Asia is a region where regional cooperation for the protection of the marine environment faces some unique challenges. This paper explores the current regional cooperation landscape in this area and then draws on other regions (Arctic, Caribbean, Mediterranean and the Baltic) experience to seek out inspiration and possible best practices for Southeast Asia. Each region’s particularities mean there is no one blueprint for cooperation, but there are many relevant examples for Southeast Asia to draw on in any future attempts to strengthen and coordinate action to protect the marine environment. This paper will look to other regions to assist in evaluating the problems and potential of regional cooperation in Southeast Asia.


2017 ◽  
Vol 32 (1) ◽  
pp. 95-137 ◽  
Author(s):  
Mary George ◽  
Abdul Samad Shaik Osman ◽  
Hanafi Hussin ◽  
Anneliz Reina George

The International Maritime Organization (imo) adopted legally binding regulations for the control of ships’ atmospheric emissions under Annex vi of the International Convention for the Prevention of Marine Pollution from Ships, 1973/78. With Singapore, Malaysia and Indonesia being States Parties thereto, consequently, one of the effects in the Malacca and Singapore Straits is that it enables the Straits States, together with the imo, to designate emission control areas for the approximately 75,000 ships transiting annually. This article examines the robust provisions of Annex vi for the marine environmental protection of the Straits and the contentious debates preceding an otherwise dead-locked technology-transfer resolution for implementing Annex vi. If implemented, Annex vi provisions will represent a unique milestone in the protection of the marine environment of the Straits which is regulated by the restrictive provisions of Part iii of the 1982 United Nations Convention on the Law of the Sea.


2013 ◽  
Vol 726-731 ◽  
pp. 1504-1507 ◽  
Author(s):  
Min Jie Kang ◽  
Wei Xin Luan

The marine pollution problem is mainly related to inputs to the ocean directly or indirectly through the atmosphere, from land-based sources or land-based activities of society. The management of this is essentially associated with managing in an adequate way our activities on land. Monitoring, evaluation and adaptation are necessary to ensure that marine management measures are both effective and efficient. Marine environmental carrying capacity monitoring system is a monitoring framework to achieve marine environment adaptive management, the core of the system is monitoring marine environmental carrying capacity under DPSIR model. This paper introduces a definition of marine environmental carrying capacity and the conceptual framework for marine environmental carrying capacity monitoring system.


1999 ◽  
Vol 1999 (1) ◽  
pp. 721-723
Author(s):  
Cindy Chen ◽  
Mike Hicks

ABSTRACT The concept of marine environmental protection and its development was introduced to the People's Republic of China in the 1980s. This followed the enactment of the Environmental Protection Law (1979, 1989), a revision to the Constitution, and the adoption of international environmental laws. The Chinese Marine Environmental Protection Law (MEPL) was promulgated in 1983 after China signed the 1982 U.N. Convention on the Law of the Sea. Both national environmental laws and various international conventions and agreements influenced the MEPL. For example, the MEPL closely follows provisions outlined by the International Convention for the Prevention of Pollution from Ships (MARPOL) and other international treaties. China has concerns about marine pollution not only within its own territory but outside its jurisdiction as well. Thus, the MEPL explicitly states that the provisions of the law apply to areas beyond China's territorial sea. As provided by the MEPL, China has the right to assert jurisdiction over foreign vessels beyond its territorial sea when they engage in activities that cause pollution to China's environment. However, questions arise as to China's coastal state jurisdiction. China's view on sovereignty is a controversial issue, and it is unclear whether the MEPL can be invoked to confer liability in waters outside of China's jurisdiction. Despite uncertainty over the jurisdiction issue, the MEPL is a significant and comprehensive law for marine protection. It regulates five major sources of marine pollution: coastal construction projects, off-shore oil exploration and exploitation, land-source pollutants, vessel pollution, and the dumping of wastes at sea. The purpose of this paper is to provide a brief comparison of the MEPL and relevant international laws and an understanding of critical issues covered by the MEPL.


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