scholarly journals A Marine-Biology-Centric Definition of Ocean Connectivity and the Law of the Sea

2021 ◽  
Vol 12 (0) ◽  
pp. 190
Author(s):  
Elise Johansen ◽  
Irene Vanja Dahl ◽  
Alexander Lott ◽  
Philipp Peter Nickels ◽  
Ingrid Solstad Andreassen
Keyword(s):  
Climate Change ◽  
Ocean Acidification ◽  
Marine Biology ◽  
Relevant Literature ◽  
Ecosystem Approach ◽  
Marine Ecosystems ◽  
Law Of The Sea ◽  
The Law ◽  
Definition Of ◽  
Further Development

The inter-connectedness of marine ecosystems has been repeatedly acknowledged in the relevant literature as well as in policy briefs. Against this backdrop, this article aims at further reflecting on the question of to what extent the law of the sea takes account of or disregards ocean connectivity. In order to address this question, this article starts by providing a brief overview of the notion of ocean connectivity from a marine science perspective, before taking a closer look at the extent to which the law of the sea incorporates the scientific imperative of ocean connectivity in the context of four examples: (i) straits, (ii) climate change and ocean acidification, (iii) salmon and (iv) the ecosystem approach to fisheries. Tying the findings of the different examples together, this study concludes by stressing the need of accommodating ocean connectivity not only in the interpretation and implementation of the existing law (of the sea) but also in its further development.

scholarly journals Ocean Acidification: A Due Diligence Obligation under the LOSC

2020 ◽  
Vol 35 (2) ◽  
pp. 382-408
Author(s):  
Karen N Scott
Keyword(s):  
Climate Change ◽  
Decision Making ◽  
Ocean Acidification ◽  
Fisheries Management ◽  
Law Of The Sea ◽  
Due Diligence ◽  
United Nations Convention ◽  
The Law ◽  
Marine Planning ◽  
And Control

Abstract This article explores the extent to which ocean acidification is adequately addressed by the law of the sea. It will assess the various obligations under Part XII of the 1982 United Nations Convention of the Law of the Sea (LOSC) to prevent, reduce and control pollution of the marine environment, and analyse the extent to which these obligations appropriately address ocean acidification. This article argues that LOSC Parties are subject to a due diligence obligation under Part XII of the Convention to prevent, reduce and control ocean acidification, and that this obligation is not satisfied by simply complying with their obligations under the UN Framework Convention on Climate Change, unless those actions also deliberately address ocean acidification. This article goes on to examine whether and to what extent ocean acidification should be factored into decision-making associated with marine planning, fisheries management and area-based protection under the law of the sea.

The Law of the Sea as Part of the Climate-Change Regime Complex

2020 ◽  
pp. 374-385
Author(s):  
Ingvild Ulrikke Jakobsen ◽  
Elise Johansen ◽  
Philipp Peter Nickels
Keyword(s):  
Climate Change ◽  
Law Of The Sea ◽  
Regime Complex ◽  
The Law

Donat Pharand: The Arctic Scholar

2007 ◽  
Vol 44 ◽  
pp. 3-94 ◽  
Author(s):  
Suzanne Lalonde ◽  
Ronald St. J. MacDonald
Keyword(s):  
Climate Change ◽  
Legal Issues ◽  
The Arctic ◽  
Law Of The Sea ◽  
The World ◽  
The Law ◽  
Key Events

SummaryThe Arctic, long neglected, has been thrust into the limelight as climate change dramatically transforms its landscape. The ice, which for centuries has acted as a powerful barrier keeping the world at bay, is melting at an alarming rate. The promise of greater accessibility to the region inevitably raises a host of important issues. Donat Pharand, an internationally renowned scholar, has dedicated his long and illustrious career to researching and understanding the legal issues pertaining to Canada's claim over the waters of the Arctic archipelago. This article chronicles the key events in his life and examines Pharand's profound contribution to the law of the sea of the Arctic.

Article 76 of the LOSC on the Definition of the Continental Shelf: Questions concerning its Interpretation from a Legal Perspective

2006 ◽  
Vol 21 (3) ◽  
pp. 269-285 ◽  
Author(s):  
Alex Oude Elferink
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Law Of The Sea ◽  
The Third ◽  
Complex Process ◽  
Legal Perspective ◽  
National Jurisdiction ◽  
United Nations Convention ◽  
The Law ◽  
Definition Of

AbstractThe establishment of the outer limits of the continental shelf beyond 200 nautical miles under Article 76 of the United Nations Convention on the Law of the Sea (LOSC) is a complex process, which requires a coastal state to dedicate significant resources. To understand the reasons for the inclusion of this complex provision in the LOSC, this article first looks at the origins of Article 76. Subsequently, a number of provisions of Article 76 are considered to illustrate the questions which exist in connection with its application and interpretation. It is concluded that Article 76 fulfills the mandate that had been given to the Third United Nations Conference on the Law of the Sea in respect of the definition of the limits of national jurisdiction, notwithstanding the complexity of the issue and the interests involved. Before the Third Conference started there was no certainty about the extent of the continental shelf. Article 76 provides a procedure to arrive at precisely defined outer limits. Once Article 76 will have been implemented by all the present states parties to the Convention, most of the outer limits of the continental shelf vis-à-vis the Area will be defined in precise terms.

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.

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