Sovereignty and Limited Judicial Access as Obstacles to Marine Protection Under the Law of the Sea Convention Part XII: A Call to Service for UNCLOS and the International Tribunal for the Law of the Sea

14 Pages Posted: 21 Apr 2014

See all articles by Lisa Uffman-Kirsch, J.D., LL.M., PhD Candidate

Lisa Uffman-Kirsch, J.D., LL.M., PhD Candidate

University of the Aegean; Centre for Marine Socioecology-University of Tasmania; Utrecht University School of Law; Case Western Reserve University School of Law

Date Written: Revised April 18, 2014

Abstract

Part XII of the 1982 United Nations Convention on the Law of the Sea gives all States Parties the duty to protect and preserve the marine environment, as well as the obligation to take all measures necessary to “prevent, reduce and control pollution of the marine environment from any source. . . .”

As an adjudicatory body granted authority over official interpretation and judgment on States Parties’ actions under UNCLOS provisions, the International Tribunal for the Law of the Sea (ITLOS) stands exceptionally competent to increase enforcement of the Part XII mandate.

However, much like waiting and watching the proverbial pot to boil, ITLOS’ ability to carry out its purpose and apply its authority is frustrated not only by the customary interpretations of the doctrines of state sovereignty and sovereign rights. It is also challenged by its own related limitation on those applicants granted standing or access to the Tribunal’s jurisdiction, an inherent inability to enforce orders, and an overarching lack of States Parties’ political will to carry out Article XII’s “all measures necessary” directive.

This paper will look at the meaning and purpose of UNCLOS Part XII, explore the obstacles to its application and enforcement, and suggest remedies for enhanced marine environment protection via expanded access to and enforcement of the adjudicatory authority of ITLOS.

Keywords: Marine Conservation, Marine Protection, Law of the Sea, Marine Governance, Marine Law, International Tribunal for the Law of the Sea, ITLOS, Law of the Sea Convention, LOSC, UNCLOS

JEL Classification: K33, K39, Q25

Suggested Citation

Uffman-Kirsch, Lisa, Sovereignty and Limited Judicial Access as Obstacles to Marine Protection Under the Law of the Sea Convention Part XII: A Call to Service for UNCLOS and the International Tribunal for the Law of the Sea (Revised April 18, 2014). Available at SSRN: https://ssrn.com/abstract=2426693 or http://dx.doi.org/10.2139/ssrn.2426693

Lisa Uffman-Kirsch (Contact Author)

University of the Aegean ( email )

Mytilini, Lesvos
Greece

Centre for Marine Socioecology-University of Tasmania ( email )

Private Bag 89
Hobart
Tasmania, 7001
Australia

HOME PAGE: http://marinesocioecology.org/

Utrecht University School of Law ( email )

3508 TC Utrecht
Utrecht
Netherlands

Case Western Reserve University School of Law ( email )

11075 East Boulevard
Cleveland, OH 44106-7148
United States

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