Protection of the marine environment

Question 1

What has been the primary focus of measures to protect the marine environment?

Answer 1

Regulation concerned with efforts to combat pollution

Question 2

What is the main source of marine pollution?

Answer 2

Primarily caused by land-based activities, such as intensive human settlement of coastal zones, leading to destructive habitats, changes in settlement, overfishing, etc.

Question 3

Where are the rules on the protection of the marine environment found?

Answer 3

• regional (ex. OSPAR) and global treaties (ex. UNCLOS)
• rules on customary law that are reflected in these acts (many of the rules in UNCLOS) and soft law instruments (Stockholm declaration, principle 8)

Question 4

What are the general provisions of the protection of the marine environment under UNCLOS?

Answer 4

• art. 192 (general obligation): states have an obligation to protect and preserve the marine environment, due diligence obligation to take measures necessary to protect and preserve rare and fragile ecosystems, habitat of depleted, threatened or endangered species and other forms of marine life (South China sea award)
• art. 193: sovereign right to expolit their natural resources (Stockholm, principle 21)
• art. 194 (1): take all necessary measures to prevent, reduce and control pollution of the marine environment from any source
• art. 194 (2): requires states to not cause damage by pollution, and that pollution from accidents do not spread beyond the areas of sovereign right in the convention
• art. 194 (3): further elaborates the obligation to prevent pollution damage by addressing particular sources of pollution
• art. 194 (5): requires special protection for different areas of marine life

Question 5

In what way did the OSPAR convention represent a new approach to the protection fo the marine environment? And where does the convention apply?

Answer 5

• by seeking to regulate all sources of marine pollution in a single instrument (land-based sources, dumping and incineration, offshore sources, protection and concervation of ecosystems and biodiversity in the marine area, assessment of the quality of the marine environment)
• applies to the North Sea and the North-East Atlantic (internal waters, territorial seas, adjecent seas to the territorial seas, high seas, the seabed and subsoil)

Question 6

What are som principles the OSPAR convention incorporates?

Answer 6

• sustainable development
• precautionary principle
• polluter pays
• implementing programs and measures with time-limits for their completion
• BAT and BEP (best environmental practices)
• prevention of the increase pollution
• increased public participation

Question 7

Where does the 1992 Helsinki convention apply and what are some of its obligations?

Answer 7

• it applies to the Baltic sea (the water body and seabed, territorial sea and internal waters)
• the parties must, individual and jointly, take measures to prevent and eliminate pollution in order to promote the ecological restoration of the Baltic Sea Area and the preservation of its ecological balance, apply the precautionary principle, polluter pays principle, promote the use of the best environmental practice and BAT, and prevent transboundary pollution

Question 8

What are some principles the Helsinki convention incorporates?

Answer 8

• precautionary principle
• polluter pays
• BAT and BEP
• EIA
• cooperation