Posted: August 19th, 2023

Protection of Marine Environment Under International Law

Protection of Marine Environment Under International Law: Treaties and International Legal Instruments

The marine environment is a vital resource for human well-being, biodiversity and economic development. However, it is also facing multiple threats from pollution, overfishing, climate change and other human activities. How can international law protect the marine environment and ensure its sustainable use?

This blog post will provide an overview of the main treaties and international legal instruments that regulate the protection of the marine environment under international law. It will also discuss some of the challenges and gaps in the implementation and enforcement of these instruments.

The United Nations Convention on the Law of the Sea (UNCLOS)

The United Nations Convention on the Law of the Sea (UNCLOS) is the most comprehensive and universal treaty on the law of the sea. It was adopted in 1982 and entered into force in 1994. It covers various aspects of the marine environment, such as territorial sea, exclusive economic zone, continental shelf, high seas, deep seabed, marine pollution, marine scientific research and dispute settlement.

UNCLOS establishes the rights and obligations of states in relation to the use and conservation of the marine environment. It also sets out general principles and obligations for the protection and preservation of the marine environment, such as:

– The duty to prevent, reduce and control pollution from any source (Article 194).
– The duty to cooperate with other states and competent international organizations in protecting the marine environment (Article 197).
– The duty to conduct environmental impact assessments for activities that may have significant adverse effects on the marine environment (Article 206).
– The duty to protect and preserve rare or fragile ecosystems and habitats of endangered species (Article 194(5)).
– The duty to protect and preserve the marine environment in areas beyond national jurisdiction, such as the high seas and the deep seabed (Articles 87, 136 and 192).

UNCLOS also provides for specific measures and mechanisms for the protection of the marine environment, such as:

– The establishment of an International Seabed Authority to regulate the exploration and exploitation of mineral resources in the deep seabed (Part XI).
– The establishment of a Commission on the Limits of the Continental Shelf to determine the outer limits of the continental shelf beyond 200 nautical miles (Part VI).
– The establishment of a International Tribunal for the Law of the Sea to adjudicate disputes concerning the interpretation or application of UNCLOS (Part XV).
– The adoption of regional agreements and arrangements for cooperation in protecting the marine environment (Article 197).

UNCLOS is widely regarded as a cornerstone of international law for the protection of the marine environment. However, it is not without its limitations and challenges. Some of these include:

– The lack of universal ratification and acceptance of UNCLOS by all states. As of October 2021, there are still 16 states that have not ratified or acceded to UNCLOS, including major maritime powers such as the United States.
– The lack of clarity and consistency in some provisions and concepts of UNCLOS, such as “due regard”, “best environmental practices” and “areas of special interest”.
– The lack of effective implementation and enforcement of UNCLOS by states and international organizations, especially in areas beyond national jurisdiction.
– The lack of adequate coordination and cooperation among states and international organizations in addressing emerging issues and challenges, such as climate change, biodiversity loss, marine plastic pollution and ocean acidification.

Other Treaties and International Legal Instruments

In addition to UNCLOS, there are other treaties and international legal instruments that address specific aspects or sectors of the protection of the marine environment. Some examples are:

– The Convention on Biological Diversity (CBD), which aims to conserve biological diversity, promote sustainable use of its components and ensure fair and equitable sharing of benefits arising from genetic resources. It also includes a Protocol on Biosafety, which regulates transboundary movements of living modified organisms.
– The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which regulates international trade in specimens of endangered species to prevent their extinction.
– The Convention on Wetlands of International Importance especially as Waterfowl Habitat (Ramsar Convention), which provides for the conservation and wise use of wetlands as habitats for waterbirds and other wildlife.
– The Convention on Migratory Species (CMS), which provides for the conservation and management of migratory species that cross national boundaries or regions.
– The International Convention for the Prevention of Pollution from Ships (MARPOL), which aims to prevent pollution from ships by setting standards for operational discharges, accidental spills and harmful substances carried by ships.
– The International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC), which provides for cooperation among states in preparing for and responding to oil pollution incidents.
– The Basel Convention on the Control of Transboundary Movements