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

Normative issues Can UNCLOS be seen as an ”umbrella convention”? 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 regional regimes IMO as a ”standard-setting body” The importance of port state authority Are we moving towards an ecosystem based approach?

UNCLOS and environment Territorial sea The issue of ”innocent passage” (art. 21) Exclusive economic zone Coastal state: limited by IMO standards (art. 211.5 and 6) Obligations related to management of resources (art. 61-2) Continental shelf Coastal state: limited by the right to lay cables and pipelines (art. 79) The high seas 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)

Institutional issues Which are the institutions of UNCLOS? The challenge of a fragmented institutional structure 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 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