Protection Standards for the Marine Environment: Updating Part XII of the Law of the Sea Convention?

10 Pages Posted: 21 Nov 2017

See all articles by Maria Gavouneli

Maria Gavouneli

National & Kapodistrian University of Athens

Date Written: October 6, 2017

Abstract

Although Part XII of the Law of the Sea Convention remains the only comprehensive convention on the protection of the marine environment to date, the patina of time cannot hide gaps and deficiencies brought about by the continued proliferation of environmental treaties and emerging challenges, such as those relating to climate change. International courts and tribunals – most recently in the award on the South China Sea – have not shown so far any particular reticence in specifying obligations and incorporating new standards into the venerable text. In this paper, I attempt to explore the extent of such continuous incorporation of new rules, stretching the contractual limitations of the Convention and turning it into a living instrument.

Keywords: Law of the Sea, Law of the Sea Convention, environment

JEL Classification: K33

Suggested Citation

Gavouneli, Maria, Protection Standards for the Marine Environment: Updating Part XII of the Law of the Sea Convention? (October 6, 2017). Available at SSRN: https://ssrn.com/abstract=3073263 or http://dx.doi.org/10.2139/ssrn.3073263

Maria Gavouneli (Contact Author)

National & Kapodistrian University of Athens ( email )

Academias 45
Athens, 10672
Greece
+302103688627 (Phone)

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