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International Environmental Law
St. Johns University School of Law
Lyndon, Mary L.

1 Oceans and Seas

Thursday, August 25, 2011

5:05 PM

Received cali award using this outline

Current as of Fall 2011

History

The oceans

Fish catch increased 4x since 1950

70% of marine pollution = land based pollution from dead zones, red tides

History of the law of the sea

Pre WW2

Cannon shot rule: Before WW2 –> 3 miles off coast was your territory

Post WW2

US declares whole contintental shelf (200 miles), includes fisheries and natural resources.

But then the coastal nations claimed their own

1958:

UN conference on law of the sea (no consensus

1960

Failed

1973-82

UNCLOS III –> success

UN convention on law of the sea (UNCLOS 1972)

GENERALLY

By time it was signed it was already “customary” intl law –> “The constitution for Ocean Governance”

Big accomplishments:

Jurisdictional authority

Obligations to protect & preserve marine environment

Coverage of specific environmental threats posed by pollution & overfishing

JURISDICTIONAL ZONES

National Sovereignty zone

Scope

Only ports of coastal nations (internal) BUT includes the ships inside them

Rule

ships in port subject to “full range of coastal State’s national authority”

RTLE

Virtually Internal

Right of passage

Appears to be NO right of passage

Territorial Sea

Scope

0-12 miles out

Rule

Almost complete national authority

National law such as EPA, CWA etc

Right of passage

General rule: Have to allow for innocent passage BUT those innocent passengers must abide by nations laws

May NOT limit based on Ship’s:

design

Construction

Crew

Equipment

UNLESS: minumum regulations are based on generally accepted intl rules or standards

Exception: may limit IF there is

General

“any act of willful and serious polution in contravention of international law”

“any fishing activity”

Illegal stuff

States can also limit innocent passage to protect:

marine resources

environment

Reduce pollution

Contiguous Zone

Scope

12-24 miles out

Rule

Some coastal state power BUT it is limited

States can enforce:

custom violations,

fiscal requirements,

immigtration laws,

sanitary laws and regulations

States CANNOT enforce

massive command and control laws

Exclusive Economic Zone

Scope

12/24 to 200 miles out

“from the boundary of the territorial sea out to 200 nautical miles”

Covers 30% of world’s seas

Co

otect/preserve marine environment

Article 193 – exploit your resources but does not supercede 192

Article 194 – measures to prevent/reduce/control pollution

Best practicable means to prevent/reduce/control

Includes of ecosystems & endangered species

Don’t pollute environment of other nations

Minimize pollution From:

Toxic substances released from land-based sources

Vessels –> accidents and emergencies at sea

From devices/installations used to explore or exploit nat’l resources on the sea bed

Don’t interfere w/ other states too much –> they have their own duties

Article 195: Don’t transfer 1 type of pollution into another

Article 196: prevent /reduce / control pollution from alien species

Article 204: observe, measure, evaluate, analyze risks / effects of marine pollution. Survey activities to see if they result in marine pollution

Article 206: UNCLOS’s version of an Envi Impact Statem –> includes communicating results to all parties

DISPUTE RESOLUTION

Compelled dispute resolution

Peaceful

Dependent on will of parties (what do they each want)

May be informal at first unless it doesn’t work –> then formal:

International tribunalfor the law of the sea (ITLOS)

US is not a member and has no voice in tribunal

REGIONAL SEAS

Article 197

Scope

Mediteranean, black, caspian, baltic, south pacific (ocean) etc

Rule

Nations must cooperate in regional organizations (or global) to form rules, standards and recommended practices and procedures consisttent with this convention