Introduction
Major water bodies, such as the seas and the oceans, make up 70% of the earth’s surface. As such, life on the planet depends significantly on this important resource. Marine resources are economically and ecologically important to many countries in the world. As a result, international bodies have come up with laws to protect the marine environment in the world. Such laws are meant to regulate the exploitation of this resource (Frank, 2007).
The current paper revolves around the protection of the marine environment under international laws. Several issues are addressed to this end. They include, among others, an analysis of the degradation and preservation of the marine environment. Several laws touching on the exploitation and protection of this ecosystem are analyzed. Such laws include Pre-UNCED Customary Principles and the 1982 UN Law of the Sea Convention (LOSC).
Protection of Marine Environment under International Laws
The Laws of the Sea and Protection and Preservation of Marine
Environment
The laws regarding the marine environment are in their juvenile stage compared to laws governing terrestrial environment. Previous knowledge on marine environment was shallow compared to the wealth of knowledge on other forms of environment. Regimes that govern marine environments were weak before the UN intervened in 1972. The organization held a convention in Stockholm this year, where various recommendations were made with regard to the protection of the marine environment (Howard, 2009).
The convention led to the formation of environmental laws like the United Nations Conference on the Law of the Sea (UNCLOS III). The law touches on several matters related to marine environment. Before this law came into effect, existing legislations only touched on the reduction and prevention of marine pollution. The legislation was followed by the Law of the Sea Convention (LOSC) in 1983. In LOSC, however, the marine environment is not clearly defined (Howard, 2009).
Different laws define marine pollution variously. With the development of international laws like UNCED, the concept of pollution was used to denote environmental degradation. Under international laws, degradation was used to define sedimentation. It was also used to highlight erosion, destruction of marine habitat, and the use of inappropriate technology when engaging in fishing practices (Frank, 2007).
Pre-UNCED Customary Principles and Protection of Marine Environment
Pre-UNCED customary principles are another example of legal instruments used to protect marine environment. The legislation is composed of customary laws that are universal and legally binding. However, the laws have little influence on the marine environment since few articles apply to them. There are three customary principles in Pre-UNCED laws. The principles were formed before 1980. Preventive principle addresses the issue of damages to the marine environment. The reasonable use principle brings together states that exploit marine resources. Countries are expected to exploit marine resources reasonably and without interfering with the traditions of other states. The last principle involves “good neighborliness and international cooperation” (Howard, 2009, p. 44). It encompasses the exchange of information and consultations with regard to threats facing the marine environment (Frank, 2007).
Other principles like sustainable and precautionary development were formed and endorsed under agenda 21. More principles have emerged, but their legal status in relation to the marine environment is unclear.
The 1982 UN Law of the Sea Convention (LOSC) and the Protection and Preservation of Marine Environment
Under LOSC provisions, all problems about marine environment are considered as a whole. The aim is to protect and preserve marine environment efficiently. The convention safeguards the whole marine environment under one instrument. Since its inception in 1994, LOSC has gained universal recognition as its requirements reflect customary laws.
Jurisdictional Regime and Protection of Marine Environment
The jurisdictional regime encompasses a framework used to control human activities about the marine environment. In this framework, states are given specific rights and duties to safeguard the marine environment in different zones. The legal instrument designates some areas as Exclusive Economic Zones (EEZ). In addition, it requires existing international laws to be exercised in every maritime zone (Frank, 2007).
World Summit on Sustainable Development (WSSD) and Protection of Marine Environment
The summit was held in 2002 in Johannesburg. It was meant to evaluate the progress of the implementation of agenda 21. The agenda involved the protection of marine environment under international laws. The summit was useful as it recommended the strengthening of international associations at the regional and international levels. In 2003, the WSSD initiated a multiyear program that saw the advancement of agenda 21 (Frank, 2007).
The Global Implementation Regime and Protection of Marine Environment
The regime adopted what came to be referred to as operation provisions. For instance, Generally Accepted and Applicable International Rules and Standards (GAIRAS) define jurisdictions and make provisions for operation and technical standards. It is, however, not clear whether the regime applies to all LOSC parties or not (Frank, 2007).
Multilateral Environmental Agreements (MEAs) and Protection of Marine Environment
MEAs involve the implementation of LOSC laws. The link between LOSC and MEAs is highlighted in article 237 of the former. Part XII of the agreement recognizes specific obligations of member states. The law is effective as it brings together environmental agreements that are in line with LOSC (Frank, 2007).
UN Agenda Item on Oceans and the Law of the Sea
The agenda involves institutional mechanisms used to review the implementation of marine laws. LOSC and other conventions lack an implementation review mechanism, hence the need for this agenda (Howard, 2009).
The 1992 OSPAR Convention
The convention established a binding legal framework to protect the marine environment in North-East Atlantic Oceans. Due to its geographical position, the area is vulnerable to various environmental pressures, such as pollution and degradation. The parties to the convention are required to take precautionary measures to avert marine pollution (Frank, 2007).
The 1992 Helsinki Convention
The Baltic Sea is barely 210 meters deep. Its shallowness makes it vulnerable to pollution and sedimentation. Protective measures are required to address this problem. The first Helsinki convention did not bear fruits with regards to protection of marine environment. However, the 1992 convention succeeded and came up with legal frameworks to restore the Baltic ecological environment. In addition to the regulation of human activities, the elimination of pollution threats was at the top of the agenda during the convention (Frank, 2007).
The 1976 Barcelona Convention (BARCON) and its Protocols
The Barcelona convention, together with the accompanying protocols, was aimed at safeguarding the Mediterranean Sea. The slow exchange of water between the Atlantic and Gibraltar makes the sea vulnerable to pollution and other environmental pressures. The convention required all users of the sea to cooperate and prevent any sort of pollution in this region. The convention is characterized by eight integral protocols that apply to both internal and external glasses of water (Frank, 2007).
Conclusion
Laws touching on the protection of the marine environment have evolved. The evolution is made evident in this paper with the analysis of the various international legal instruments. The laws are no longer restricted to single states. On the contrary, they have assumed an international dimension, evolving to become international legal instruments.
References
Frank, V. (2007). The European Community and marine environmental protection in the international law of the sea: Implementing global obligations at the regional level. Boston: Martinus Nijhoff Publishers.
Howard, S. (2009). International law and the protection of the marine environment. New York: Routledge.