L05 - UNCLOS and Marine Environment

Question 1

What are the types of legal framework / legislations concerning the marine environment?

Answer 1

• National laws (vary in scope & complexity)
• Multi-lateral and regional agreements
• International treaties/conventions:
• Other legally binding contractual or custom-based arrangements

Question 2

What are some examples of International treaties/conventions?

Answer 2

1. Convention on Biological Diversity (CBD)
2. UNCLOS, Bonn Convention, Ramsar Convention, CITES, UNFCCC, IOPC Fund, etc.
3. IMO Conventions (e.g. MARPOL)

Question 3

What is the difference between legislation and customary law?

????

Answer 3

• Customary law: It consists of customs that are accepted and practiced by a society as if they were laws:
  – Often linked to social structures.
  – Can be key component of modern conservation and management plans.
• Voluntary agreements / actions and traditional management are
  of this category.

Legislation refers to laws that are formally enacted by a legislative body, such as a parliament or congress, and written down in legal codes or statutes.
These laws are created through a deliberate process of drafting, debating, and voting by elected representatives.

Customary law, on the other hand, is based on unwritten practices, traditions, and customs that have developed within a particular community or society over time.
It is often rooted in cultural norms, beliefs, and traditions and may vary significantly from one community to another.

Question 4

What is UNCLOS? (6)

Answer 4

United Nations Convention on the Law of the Sea

1. It is a comprehensive legal instrument for governing oceans and the way they are used.
2. It holds high level of governance aspects of international shipping.
3. It also defines limits of territorial seas and other zones and areas of resource exploitation.
4. Also sets rules for use of the high seas for international navigation.
5. It outlines coastal states rights and obligations to protect & preserve the marine environment.
6. UNCLOS Part XII (12) specifically deals with marine environment
   protection.

Question 5

What is the history of UNCLOS? (4)

Answer 5

1. UNCLOS convention concluded in 1982 after 14 years of negotiations. It is a legally binding treaty since November 1994. (why so long?)
2. Updates and unifies the 4 Geneva Conventions of 1958:
    the Territorial Sea and the Contiguous Zone.
    the Continental Shelf.
    the High Seas.
    Fishing and Conservation of Living Resources on the High Seas (insufficient support to be fully effective).
3. Ratified by many countries (167 states).
4. It deals with all matters relating to the seas (320 articles and 9
   annexes)

Question 6

What are the main dimensions of UNCLOS?

Answer 6

1. Maritime zones – Where?
2. Targeted parties – Who?
    Rights & obligations
   - Coastal states
   - Flag states
   - Port states
    Violations & penalties
3. Ocean uses, activities & impacts – What?
4. Governance structures – How?