Protection Standards for the Marine Environment: Updating Part XII of the Law of the Sea Convention?

2018 ◽  
pp. 254-266
2016 ◽  
Vol 31 (2) ◽  
pp. 339-358
Author(s):  
Chris Whomersley

The importance of the North Sea is emphasised by the recent House of Lords report on maritime cooperation there. This prompts a consideration of the international legal principles underpinning such cooperation, as well as a description of the means by which the North Sea States have given practical effect to this cooperation, particularly in relation to living resources and the marine environment.


2012 ◽  
Vol 27 (4) ◽  
pp. 831-838 ◽  
Author(s):  
Alan Boyle

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.


1974 ◽  
Vol 13 (2) ◽  
pp. 454-461

The United Nations Law of the Sea Conference is probably the most important international lawmaking conference ever held. It has the formidable task of concluding a comprehensive treaty on ocean use with provisions of breadth of territorial sea, transit through international straits, fisheries, protection of the marine environment, exploitation of deep sea minerals, and scientific research. The work of the Law of the Sea Conference, therefore, can affect every American whether he lives near or far from the ocean.


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