How effective is the protection offered by the United Nations Convention on the Law of the Sea, in order to preserve the marine environment?.
Introduction.
The supreme domination of the oceans has always been a common concern. In order to establish a unanimous regime to organize the rights and responsibilities of each nation with respect to the oceans and their resources, the United Nations Convention on the Law of the Sea, commonly known as UNCLOS III, was opened for signature on December 10, 1982, in Montego Bay, Jamaica, and came into force on November 16, 1994. (Hollis 2013, paras 1-2, 10). This international convention set the guidelines to a diversity of issues, such as limits, navigation, archipelagic status, transit regimes, exclusive economic zones, deep seabed mining and protection of the marine environment, among others (Wikipedia 2013, para 9). Although the Convention on the Law of the Sea is not exclusively an environmental treaty, this essay focuses on the effectiveness of the protection given by UNCLOS III to marine environment. This paper will firstly discuss the most relevant articles of UNCLOS III dedicated to the preservation of the marine environment, namely, pollution prevention, pollution by dumping at sea and land-based pollution. As a final point, this paper will argue about how the provisions contained in the United Nations Convention on the Law of the Sea leads this international treaty into a useful tool to marine environment defence. .
Relevant Clauses of UNCLOS III Related to Marine Environment Protection.
The marine environment can be defined as "the oceans, seas, bays, estuaries, and other major water bodies, including their surface interface and interaction, with the atmosphere and with the land seaward of the mean high water mark." (The free dictionary 2014).
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The International Court of Justice is the principal judicial organ of the United Nations, which succeeded the Permanent Court of International Justice after World War II. Article 92 of the charter of the United Nations states: The International Court of justice shall be the principal judicial organ of the United nations. ... Iceland, 1974) the ICJ contributed to the firm establishment in law of the idea that mankind needs to conserve the living resources of the sea and must respect these resources. ... Skeptics of the coercive theory of international law note that forceful ...
The convention has 48 parties which are all members of the IWC. ... IWC resolutions are not a direct source of law but they do represent the viewpoint of nearly 50 nations. ... The ratification of this into domestic law represents nations stern commitment to their legal obligations. ... The 1982 United Nations Convention on the Law of the Seas (UNCLOS) was developed and came into force in November 1994. ... According to the ICJ if the participation of a convention is wide and inclusive of the affected States then the convention can form part of customary international law. ...
Acording to the Brittanica Concise, Islamic fundamentalism is a "conservative religious movement that seeks a return to Islamic values and Islamic law (Shari"ah) in the face of modernism, which is seen as corrupt and atheistic. ... What this definition does not explain is the difference between fundamentalists and extremists: fundamentalism clings on the basic principles of the Koran, while extremism, is a belief system which evolves around the Shari"ah, the Islamic law which is based on the writings of Muhammad and other Islamic jurists but which nevertheless is an interpretation of the sa...
United Nations The United Nations The United Nations is an organization of sovereign nations not a world government. ... Five of these China, France, the Russian Federation, the United Kingdom and the United States are permanent members. ... In 1994, the Security Council terminated the UN Trusteeship Agreement for the last of the original 11 Trusteeships the Trust Territory of the Pacific Islands (Palau), administered by the United States. ... The UN has helped resolve disputes between nations, reduce tensions, prevent conflicts and put an end to fighting. ... It established in April 1992 t...
Congress was given the power to wage war, make treaties, send diplomats deal with foreign nations, settle criminal disputes at sea, maintain weights and coins, run the post office, make rules for the army and navy, and take loans. ... Their contact with foreign nations was restricted by congress. ... In 1786, twelve delegates met to discuss revision in the Annapolis Convention. ... The result of the Constitutional Convention was, of course, the Constitution of the United States. ... Overall the Articles of Confederation were good for the United States. ...
The United Nations The United Nations is an organization of sovereign nations not a world government. ... Five of these China, France, the Russian Federation, the United Kingdom and the United States are permanent members. ... In 1994, the Security Council terminated the UN Trusteeship Agreement for the last of the original 11 Trusteeships the Trust Territory of the Pacific Islands (Palau), administered by the United States. ... The UN has helped resolve disputes between nations, reduce tensions, prevent conflicts and put an end to fighting. ... It established in April 199...
Acording to the Brittanica Concise, Islamic fundamentalism is a "conservative religious movement that seeks a return to Islamic values and Islamic law (Shari"ah) in the face of modernism, which is seen as corrupt and atheistic. ... What this definition does not explain is the difference between fundamentalists and extremists: fundamentalism clings on the basic principles of the Koran, while extremism, is a belief system which evolves around the Shari"ah, the Islamic law which is based on the writings of Muhammad and other Islamic jurists but which nevertheless is an interpretation of the sa...
Anybody can be anything they choose within the laws of their nation with minimal repercussions. ... This was raised as a scientific improvement for the nation's defense. ... By 1996, there were approximately 45 million people using the internet. 1999 this increased to 150 million with more than half of them from the United States. ... Understanding that, the infrastructure of a nation relies on communication now more than ever. ... A classic example has been the use of Morse code for those traveling on the high seas to use as a form of communication. ...
