Jump to Content Jump to Main Navigation
Saving the Oceans Through Law - The International Legal Framework for the Protection of the Marine Environment by Harrison, James (21st September 2017)

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

From: Saving the Oceans Through Law: The International Legal Framework for the Protection of the Marine Environment

James Harrison

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 15 November 2019

Subject(s):
Pollution — Maritime boundaries — UNCLOS (UN Convention on the Law of the Sea)

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.

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.