Knowledge of the marine environment beyond national jurisdiction and its unique biodiversity is still developing. Simultaneously, traditional uses of these areas including fishing and shipping, are intensifying and new uses are emerging such as bio-prospecting for marine genetic resources and climate change mitigation activities. This volume examines the threats to the marine environment beyond national jurisdiction from existing and emerging human uses and the adequacy of current international law provisions to protect this major part of the global environment. An analysis of key provisions in the 1982 United Nations Law of the Sea Convention and complementary principles of international environmental law reveals significant tensions between the concept of high seas freedoms and the international law obligation to protect and preserve the marine environment beyond national jurisdiction. The book compares the lack of comprehensive environmental regulation for marine resource exploitation and shipping activities beyond national jurisdiction with the best practice standards for environmental protection being developed by the International Seabed Authority for deep seabed mining exploration. Recent initiatives by the international community to study issues relating to conservation of high seas biodiversity are discussed and a range of soft and hard law options to strengthen the international law framework for protection of the marine environment beyond national jurisdiction are considered.
Protecting the Oceans Beyond National Jurisdiction
Strengthening the International Law Framework
Robin Warner, Australian National Centre for Ocean Resources and Security, University of Wollongong
Status:
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Biographical note
Dr. Robin Warner is a Senior Research Fellow at the Australian National Centre for Ocean Resources and Security, University of Wollongong, Australia. Her principal research interests lie in the reconciliation of the law of the sea with international environmental law and in high seas governance. Prior to her appointment at the University of Wollongong, Robin Warner was an Assistant Secretary in the Commonwealth Attorney Generals Department and Director of International Law for the Australian Defence Force.
Reviews
"This book provides a comprehensive and articulate exposition of both the impacts of human activities on ocean areas beyond national jurisdiction and the current, albeit imperfect, legal framework for its protection, as well as an examination of a number of options currently being considered for strengthening the legal and institutional framework for protecting ocean areas beyond national jurisdiction."
Rosemary Rayfuse, Ocean Yearbook 25
Rosemary Rayfuse, Ocean Yearbook 25
Table of contents
SERIES EDITOR’S PREFACE
PREFACE
LIST OF ABBREVIATIONS
TABLE OF TREATIES INSTRUMENTS AND DECLARATIONS
I The Impact of Human Uses on the Marine Environment Beyond National Jurisdiction
- Introduction
- The Physical Characteristics of the Open Ocean and Deep Seabed Environments
- Deep Sea Habitats
- Threats to the Marine Environment Beyond National Jurisdiction from Human Activities
- Conclusion
II The Law of the Sea Convention Framework for Regulating Marine Areas Beyond National Jurisdiction
- Introduction
- The High Seas Regime
- The Seabed Beyond National Jurisdiction
- Protection and Preservation of the Marine Environment
- Conclusion
III Developing Complementary Principles for Regulating the Marine
Environment Beyond National Jurisdiction
- Introduction
- Establishing a Framework for Protection and Preservation of the Marine Environment
- Integrated and Ecosystem Based Management of the Marine Environment
- Conclusion
IV Sectoral Implementation of Environmental Protection in Marine Areas Beyond National Jurisdiction – Marine Living Resource Exploitation and Maritime Transport
- Introduction
- The Exploitation of Marine Living Resources Beyond National Jurisdiction – Regulatory Framework for Environmental Protection
- Maritime Transport Beyond National Jurisdiction – Environmental Regulation
V Sectoral Implementation of Environmental Protection in Marine Areas Beyond National Jurisdiction – Deep Seabed Mining
- Introduction
- ISA Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area
- Draft ISA Regulations for Prospecting and Exploration for Polymetallic Sulphides and Ferromanganese Cobalt Rich Crusts (PSFCRC Regulations)
- Conclusion
VI Regional Implementation of Environmental Protection in Marine Areas
Beyond National Jurisdiction
- Introduction
- UNEP Regional Seas Conventions and their Application to Marine Areas Beyond National Jurisdiction
- Non UNEP Regional Marine Environmental Protection Regimes and their Application to Marine Areas Beyond National Jurisdiction
- Conclusion
VII International Initiatives to Strengthen the Environmental Protection
Framework for Marine Areas Beyond National Jurisdiction
- Introduction
- Current International Discussions on the Protection of the Marine Environment Beyond National Jurisdiction
- Options for Strengthening the Environmental Protection Framework for Marine Areas Beyond National Jurisdiction
- Conclusion
BIBLIOGRAPHY
INDEX
PREFACE
LIST OF ABBREVIATIONS
TABLE OF TREATIES INSTRUMENTS AND DECLARATIONS
I The Impact of Human Uses on the Marine Environment Beyond National Jurisdiction
- Introduction
- The Physical Characteristics of the Open Ocean and Deep Seabed Environments
- Deep Sea Habitats
- Threats to the Marine Environment Beyond National Jurisdiction from Human Activities
- Conclusion
II The Law of the Sea Convention Framework for Regulating Marine Areas Beyond National Jurisdiction
- Introduction
- The High Seas Regime
- The Seabed Beyond National Jurisdiction
- Protection and Preservation of the Marine Environment
- Conclusion
III Developing Complementary Principles for Regulating the Marine
Environment Beyond National Jurisdiction
- Introduction
- Establishing a Framework for Protection and Preservation of the Marine Environment
- Integrated and Ecosystem Based Management of the Marine Environment
- Conclusion
IV Sectoral Implementation of Environmental Protection in Marine Areas Beyond National Jurisdiction – Marine Living Resource Exploitation and Maritime Transport
- Introduction
- The Exploitation of Marine Living Resources Beyond National Jurisdiction – Regulatory Framework for Environmental Protection
- Maritime Transport Beyond National Jurisdiction – Environmental Regulation
V Sectoral Implementation of Environmental Protection in Marine Areas Beyond National Jurisdiction – Deep Seabed Mining
- Introduction
- ISA Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area
- Draft ISA Regulations for Prospecting and Exploration for Polymetallic Sulphides and Ferromanganese Cobalt Rich Crusts (PSFCRC Regulations)
- Conclusion
VI Regional Implementation of Environmental Protection in Marine Areas
Beyond National Jurisdiction
- Introduction
- UNEP Regional Seas Conventions and their Application to Marine Areas Beyond National Jurisdiction
- Non UNEP Regional Marine Environmental Protection Regimes and their Application to Marine Areas Beyond National Jurisdiction
- Conclusion
VII International Initiatives to Strengthen the Environmental Protection
Framework for Marine Areas Beyond National Jurisdiction
- Introduction
- Current International Discussions on the Protection of the Marine Environment Beyond National Jurisdiction
- Options for Strengthening the Environmental Protection Framework for Marine Areas Beyond National Jurisdiction
- Conclusion
BIBLIOGRAPHY
INDEX
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