Characteristics of the marine environment n The character

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Characteristics of the marine environment n The character of the marine environment as an

Characteristics of the marine environment n The character of the marine environment as an ”open access resource” ä ä n n The resulting ”tragedy of the commons” The traditional ”freedom of the seas” Conflicting interests: Coastal states vs. flag states Differences from terrestrial environment ä ä ”Land-use” ”Hunting” Pollution from land-based sources Alien species Ole Kr. Fauchald 9/26/2020 1

Normative issues n Can UNCLOS be seen as an ”umbrella convention”? ä ä ä

Normative issues n Can UNCLOS be seen as an ”umbrella convention”? ä ä ä n n The importance of regional regimes IMO as a ”standard-setting body” ä n For issues of jurisdiction: yes For fisheries issues: yes For issues concerning exploitation of other resources: yes For pollution and alien species: ? For marine protected areas: ? The importance of port state authority Are we moving towards an ecosystem based approach? Ole Kr. Fauchald 9/26/2020 2

UNCLOS and environment n Territorial sea ä n Exclusive economic zone ä ä n

UNCLOS and environment n Territorial sea ä n Exclusive economic zone ä ä n Coastal state: limited by IMO standards (art. 211. 5 and 6) Obligations related to management of resources (art. 61 -2) Continental shelf ä n The issue of ”innocent passage” (art. 21) Coastal state: limited by the right to lay cables and pipelines (art. 79) The high seas ä ä Obligation to take conservation measures (art. 117 -9) Flag state vs. coastal state The special issue of migratory species (art. 64 -7) – the 1995 Agreement Pollution and responsibilities of flag state (art. 210 -1) Ole Kr. Fauchald 9/26/2020 3

Institutional issues n n Which are the institutions of UNCLOS? The challenge of a

Institutional issues n n Which are the institutions of UNCLOS? The challenge of a fragmented institutional structure ä ä ä n UNEP Regional Seas as a success story? The divide between fisheries institutions and environmental institutions The divide between IMO, UNCLOS and environmental institutions Moving from a reparative approach to prevention and precaution ä ä ä Failure of the current system The problem of generating sufficient knowledge Art. 6 of the 1995 Agreement, but leaving the issue to be implemented through regional agreements Ole Kr. Fauchald 9/26/2020 4