THE PERSPECTIVE OF PROTECTING THE MARINE ENVIRONMENT IN THE LIGHT OF PATCHWORK ENVIRONMENTAL LAW AND THE UPCOMING INTERNATIONAL LEGALLY BINDING INSTRUMENT UNDER THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA ON THE CONSERVATION AND SUSTAINABLE USE OF MARINE BIODIVERSITY IN AREAS BEYOND NATIONAL JURISDICTION

2021 ◽  
Author(s):  
Rafał Szewczyk
Keyword(s):  
United Nations ◽  
Marine Environment ◽  
Environmental Law ◽  
Sustainable Use ◽  
Law Of The Sea ◽  
Marine Biodiversity ◽  
National Jurisdiction ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

16 The United Nations: A Practitioner’s Perspective

2015 ◽  
Author(s):  
Corell Hans
Keyword(s):  
United Nations ◽  
Sustainable Use ◽  
Law Of The Sea ◽  
Marine Biodiversity ◽  
Human Environment ◽  
Fish Stocks ◽  
National Jurisdiction ◽  
The United Nations ◽  
The Law

This chapter discusses the contributions of the United Nations to the development of the law of the sea during the period following the adoption of the United Nations Convention on the Law of the Sea (LOSC) in 1982. It covers preparing for the entry into force of the LOSC; informal consultations relating to the implementation of Part XI of the LOSC; establishing the Convention institutions after the entry into force of the LOSC; the Division for Ocean Affairs and the Law of the Sea (DOALOS); United Nations conferences on the human environment; the role of the General Assembly; the Meeting of States Parties to the LOSC; sustainable fisheries and straddling fish stocks and highly migratory fish stocks; the Oceans and Coastal Areas Network (UN-Oceans); the United Nations open-ended informal consultative process on oceans and the law of the sea; the so-called Regular Process; the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction; and piracy on the agenda of the Security Council.

2 The United Nations Convention on the Law of the Sea and the Protection and Preservation of the Marine Environment

2017 ◽  
Author(s):  
Harrison James
Keyword(s):  
United Nations ◽  
Marine Environment ◽  
Sustainable Use ◽  
Subsequent Development ◽  
Law Of The Sea ◽  
Marine Environmental Protection ◽  
History Of ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

Chapter 2 examines the way in which marine environmental protection is addressed in the United Nations Convention on the Law of the Sea (UNCLOS). UNCLOS sets out the jurisdictional framework for the law of the sea and prescribes general principles and rules relating to pollution of the marine environment and the sustainable use of marine living resources. The chapter considers the drafting history of UNCLOS. It explores the range of substantive and procedural rules on the protection of the marine environment, as well as how those provisions have been interpreted in recent judicial or arbitral proceedings. The chapter argues that UNCLOS provides a basic layer of protection for the marine environment but it also foresees the subsequent development of environmental rules and standards that are more detailed. Thus, UNCLOS should be understood as an umbrella convention that must read in light of other treaties and related instruments.

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.

Current ‘Light’ and ‘Heavy’ Options for Benefit-sharing in the Context of the United Nations Convention on the Law of the Sea

2018 ◽  
Vol 33 (4) ◽  
pp. 683-705 ◽  
Author(s):  
Gaute Voigt-Hanssen
Keyword(s):  
United Nations ◽  
Genetic Resources ◽  
Technological Development ◽  
Benefit Sharing ◽  
Law Of The Sea ◽  
Access And Benefit Sharing ◽  
National Jurisdiction ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

Abstract An international legally binding instrument under the United Nations Convention on the Law of the Sea (LOSC) will need to address “Marine Genetic Resources (MGRs), including questions on the sharing of benefits” from areas outside national jurisdiction (ABNJ). Existing international models of benefit-sharing have all evolved in the context of national jurisdiction and cannot readily be put to use in ABNJ. Current use of MGRs from ABNJ is practically non-existent, although any instrument or model would have to both cater for this situation and provide for any potential technological development and increase in use. The aim of this paper is to provide a simplified overview of options for access and benefit-sharing, drawing on existing models from international and national instruments. Existing options could be analysed through separating access from benefit-sharing and assessing them factually in terms of how ‘light’ and ‘heavy’ they are.

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"

THE NEGOTIATIONS FOR A NEW IMPLEMENTING AGREEMENT UNDER THE UN CONVENTION ON THE LAW OF THE SEA CONCERNING MARINE BIODIVERSITY

2020 ◽  
Vol 69 (3) ◽  
pp. 585-610 ◽  
Author(s):  
Efthymios Papastavridis
Keyword(s):  
Sustainable Use ◽  
Law Of The Sea ◽  
Marine Biodiversity ◽  
Common Heritage Of Mankind ◽  
National Jurisdiction ◽  
The Common ◽  
United Nations Convention ◽  
The Law ◽  
Relationship Of ◽  
The Relationship

AbstractThis article discusses the current negotiations for an Implementing Agreement under the United Nations Convention on the Law of Sea on the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction. It discusses, in particular, the issue of the relationship of the new agreement with existing and future relevant regional instruments and bodies and the need for cooperation and coordination amongst them, the guiding principles of the new agreement, and the question of implementation and enforcement of the new agreement. These issues and the choices that delegations will make respectively highlight the controversy on the underpinning tenet of the agreement, ie between the ‘freedom of the high seas’ and the common heritage of mankind. The article concludes with a pessimistic prognosis that, in general, the agreement will fall short of the expectations that many States and international community have had at the early days of the negotiation.

Challenges to Protecting the Marine Environment beyond National Jurisdiction

2012 ◽  
Vol 27 (4) ◽  
pp. 839-847 ◽  
Author(s):  
Kristina M. Gjerde
Keyword(s):  
Marine Environment ◽  
Integrated Management ◽  
Sustainable Use ◽  
Law Of The Sea ◽  
Marine Biodiversity ◽  
Human History ◽  
Global Community ◽  
The Past ◽  
National Jurisdiction ◽  
The Law

Abstract In the past thirty years since the signing of the UN Convention on the Law of the Sea (LOSC), the ocean has changed more than in all of human history before. It is now facing a multitude of interconnected threats that require comprehensive, precautionary and integrated management. This review of the environmental provisions in Part XII of the LOSC with respect to the high seas and the seabed area beyond national jurisdiction (ABNJ) reveals significant strengths as well as substantial weaknesses and gaps. Governments are now grappling with how to address problems related to the conservation and sustainable use of marine biodiversity in ABNJ. This commentary concludes that Part XII will need strengthening, including through an implementing agreement, to enable the global community to cope with the escalating challenges of a changing ocean.

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