Saving the Oceans Through Law: The International Legal Framework for the Protection of the Marine Environment
James Harrison
Published:
2017
Online ISBN:
9780191778780
Print ISBN:
9780198707325
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Saving the Oceans Through Law: The International Legal Framework for the Protection of the Marine Environment
James Harrison
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James Harrison
Pages
17–42
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Published:
September 2017
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Harrison, James, 'The United Nations Convention on the Law of the Sea and the Protection and Preservation of the Marine Environment', Saving the Oceans Through Law: The International Legal Framework for the Protection of the Marine Environment (2017; online edn, Oxford Academic), https://doi.org/10.1093/law/9780198707325.003.0002, accessed 21 Aug. 2024.
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Abstract
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.
Keywords: Pollution, Maritime boundaries, UNCLOS (UN Convention on the Law of the Sea)
Subject
Pollution and Threats to the Environment (Social Science) Conservation of the Environment (Social Science) Environment and Energy Law Law of the Sea International Environmental Law International Economic Law International Co-operation Human Rights
Collection: Oxford Scholarly Authorities on International Law
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