Protection of the Marine Environment

The general obligation to protect and preserve the marine environment is contained in the United Nations Convention on the Law of the Sea (UNCLOS). Increasingly, marine issues are addressed in regional or multilateral trade agreements, including the covered agreements of the World Trade Organization (WTO). This article examines selected legal developments, such as provisions in regional trade agreements on marine capture fisheries, marine litter and waste management infrastructure. Rules on the use of trade measures to eliminate harmful fishing practices, and the prohibition of certain subsidies, are also explored. The article calls for attention to the impact of these developments on dispute settlement between states under UNCLOS, support for marine protected areas, and the capacity for regime interaction between relevant bodies. These issues have relevance for the conservation of marine living resources as well as other issues relating to the protection of the marine environment, including marine plastics and climate change.

Towards Integrated Management of Regional Marine Protected Area Networks

Marine protected areas (MPA s) are an important tool for protecting marine ecosystems both within and beyond national jurisdiction, but the integrated management of MPA s is challenging due to the institutional fragmentation that exists in international ocean governance at global and regional levels. In the absence of fundamental reform of international ocean governance, integrated management of MPA s can at present only be achieved through cross-sectoral cooperation and coordination between relevant international institutions. Understanding regime interaction in this context requires an analysis of both the relevant legal framework and the manner in which coordination mechanisms operate in practice. This article carries out a case study of regime interaction between the Antarctic Treaty and the Convention on the Conservation of Antarctic Marine Living Resources, as well as other relevant institutions, in order to identify the key opportunities and challenges for promoting the integrated management of regional MPA networks in practice. It will also consider how the cooperative arrangements for the regional management of the Southern Ocean may provide lessons for the development of a new legally binding instrument for the conservation and management of biodiversity in areas beyond national jurisdiction.

Cutting the Gordian Knot: Is an Effective Cooperation Regime for Marine Scientific Research in Northeast Asia Feasible?

This article considers an approach for achieving an effective cooperation regime for marine scientific research (MSR) in Northeast Asia. Specifically, it addresses the causes of MSR-related disputes in undelimited maritime areas and explores its reality in Northeast Asia through case studies. It further examines the legality of unilateral research or survey activities in undelimited maritime areas, considering Articles 74(3) and 83(3) of the United Nations Convention on the Law of the Sea. Based on such discussions, it offers suggestions for realizing a cooperative regime for MSR. This article’s primary argument is that it is worth considering a regime-building suggestion in alignment with the original spirit of MSR, despite the challenges it may entail. To that end, it emphasizes that efforts should be made to remove the causes of disputes and recommends a cooperative regime led by international institutions and a joint research regime as a modus vivendi.

Jurisdiction and Applicable Law in the Settlement of Marine Environmental Disputes under UNCLOS

Part XII of the United Nations Convention on the Law of the Sea (UNCLOS) on the protection and preservation of the marine environment contains provisions that are worded in a general manner. As “the problems of ocean space are closely interrelated and need to be considered as a whole”, these provisions need to be interpreted in harmony with the wider corpus of international law. However, when marine environmental disputes are brought before the UNCLOS dispute settlement bodies, their jurisdiction is limited to disputes arising under UNCLOS. The tribunals, therefore, have to navigate between deciding disputes in a hollistic manner and remaining within their jurisdictional limits. This article discusses the techniques used by UNCLOS tribunals to resort to other sources of international law when settling marine environmental disputes. It will then assess whether, in doing so, the tribunals have remained within their jurisdictional parameters and the wider implications of this practice.

Marine Scientific Research in Japan’s Practice

This article examines Japan’s state practices on marine scientific research (MSR). The survey of state practices requires the discernment of generalisability and particularity in each state practice. There are two points to note while considering the generalisabilities and particularities in Japan’s practices: first, Japan oversees MSR activities in its waters according to a non-legal instrument or a guideline, unlike neighbouring countries that use domestic legislation in MSR upon ratifying the United Nations Convention on the Law of the Sea; second, Japan faces quite a few MSR incidents in its undelimited exclusive economic zone. Thus, this article covers an outline of Japan’s guideline, its response to illegal or unregulated MSR activities in its waters, its relationships with neighbouring countries, and the failure of its attempt to legislate the MSR Law in 2007.

China’s Approach to Marine Scientific Research

This article addresses the legislation, policy and State practice of China on marine scientific research (MSR). It elaborates in detail both international and domestic legislation of China governing MSR in waters within its national jurisdiction and points to the legal controversy and ambiguity of MSR conducted by foreign parties. It also raises a critical question on how to approach MSR in overlapping maritime zones amidst pending maritime delimitation.

Maritime Spatial Planning and Protection of the Marine Environment

Protection and preservation of the marine environment is a priority under international law, as codified and further developed in the 1982 United Nations Convention on the Law of the Sea (UNCLOS). Nonetheless, the current state of the marine environment questions whether the approach adopted in the UNCLOS and other legal instruments, whereby each type of pollution is addressed separately, really suffices to ensure good environmental status. For this reason, new tools have been developed, including marine (or maritime) spatial planning (MSP) and integrated coastal zone management (ICZM). This article discusses MSP and its role in ensuring protection of the marine environment, both within and beyond areas under national jurisdiction.