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The IMLI Manual on International Maritime Law - Volume III: Marine Environmental Law and International Maritime Security Law edited by Attard, David; Fitzmaurice, Malgosia; Martinez, Norman; Hamza, Riyaz (1st March 2016)

Part I Marine Environmental Law, s.A General, 1 State Jurisdiction in Relation to the Protection and Preservation of the Marine Environment

Maria Gavouneli

From: The IMLI Manual on International Maritime Law: Volume III: Marine Environmental Law and International Maritime Security Law

Edited By: David Attard, Malgosia Fitzmaurice, Norman Martinez, Riyaz Hamza

Subject(s):
Regional co-operation — Natural resources — Marine living resources

This chapter attempts to navigate the jurisdictional shoals of the United Nations Law of the Sea Convention (UNCLOS) in respect to environmental protection, with a view to reconciling the inevitable fragmentation of jurisdictional powers with the common imperative that is the protection and preservation of the marine environment. In doing so, this chapter focuses particularly on the ‘hidden’ functional categorization of States rather than the spatial zoning of the Convention itself; an approach which is both reflective of the realities in the field and more appropriate in instigating and monitoring State action. After all, State jurisdiction in relation to the protection and preservation of the marine environment denotes the competence of the State authorities under international law to regulate the activities of State organs and private individuals, natural and juridical persons alike, in the marine area.

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