Posted: August 14th, 2022

Environmental Laws in the Sea

Environmental Laws in the Sea

The sea is a vital resource for life on Earth, providing food, transportation, recreation, and ecosystem services. However, the sea is also facing multiple threats from human activities, such as overfishing, pollution, climate change, and habitat destruction. To protect the sea and its biodiversity, various environmental laws have been developed at the international, regional, and national levels.

One of the most comprehensive and influential international legal instruments for the sea is the United Nations Convention on the Law of the Sea (UNCLOS), which was adopted in 1982 and entered into force in 1994. UNCLOS defines the rights and obligations of states regarding the use of the sea, its resources, and its airspace. UNCLOS also establishes a framework for the conservation and management of marine living resources, the prevention and control of marine pollution, the protection of the marine environment, and the settlement of disputes arising from maritime issues. UNCLOS is often referred to as a “constitution for the oceans” because it covers a wide range of topics and sets out general principles and rules that guide state practice .

Another important international legal instrument for the sea is the Convention on Biological Diversity (CBD), which was adopted in 1992 and entered into force in 1993. The CBD aims to conserve biological diversity, promote the sustainable use of its components, and ensure the fair and equitable sharing of benefits arising from genetic resources. The CBD applies to all ecosystems, including marine and coastal ones, and recognizes the importance of traditional knowledge and practices of indigenous peoples and local communities for biodiversity conservation. The CBD also provides a framework for developing national biodiversity strategies and action plans, as well as for international cooperation and financial support .

At the regional level, there are several agreements and initiatives that address specific aspects of marine environmental protection. For example, the Regional Seas Programme, launched by the United Nations Environment Programme (UNEP) in 1974, aims to foster cooperation among countries sharing common marine ecosystems. The Regional Seas Programme covers 18 regions around the world, each with its own legal framework, action plan, and coordinating body. The Regional Seas Programme focuses on issues such as marine pollution prevention and control, integrated coastal zone management, marine protected areas, biodiversity conservation, climate change adaptation, and sustainable fisheries .

At the national level, states have enacted various laws and regulations to implement their obligations under international and regional agreements, as well as to address their specific needs and priorities. For example, in 2008, Kenya enacted the Environmental Management and Co-ordination Act (EMCA), which provides for the establishment of a National Environment Management Authority (NEMA), a National Environment Council (NEC), a National Environment Tribunal (NET), and a National Environment Trust Fund (NETF). The EMCA also sets out principles and standards for environmental management, impact assessment, audit and monitoring, conservation of natural resources, public participation, enforcement and compliance .

In conclusion, environmental laws in the sea are essential to ensure that human activities do not compromise the health and productivity of marine ecosystems. However, environmental laws in the sea are also complex and diverse, reflecting the different interests and perspectives of various stakeholders. Therefore, effective implementation and enforcement of environmental laws in the sea require coordination and cooperation among states at all levels, as well as among other actors such as civil society organizations, private sector entities, scientific institutions, and local communities.

Works Cited

: United Nations. “Oceans and the Law of the Sea.” https://www.un.org/en/global-issues/oceans-and-the-law-of-the-sea

: Convention on Biological Diversity. “About CBD.” https://www.cbd.int/about/

: United Nations Environment Programme. “Regional Seas Programme.” https://www.unep.org/explore-topics/oceans-seas/what-we-do/working-regional-seas/regional-seas-programme

: Kenya Law Reports. “Environmental Management And Co-Ordination Act.” http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/EnvironmentalManagementandCoordinationAct_No8of1999.pdf

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