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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
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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?
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UNCLOS and environment
Territorial sea The issue of ”innocent passage” (art. 21) Exclusive economic zone Coastal state: limited by IMO standards (art 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 ) Flag state vs. coastal state The special issue of migratory species (art. 64-7) – the 1995 Agreement Pollution and responsibilities of flag state (art )
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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
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