Sea Turtles Protection in Southeast Asia: Linkages and Role of Soft Law Instruments in the Implementation of the Law of the Sea Convention

Abstract

This article investigates the role of regional soft law instruments in the implementation of international obligations for the protection of the marine environment through a case study on the protection of endangered sea turtles and their habitats in Southeast Asia. It explores six non-binding instruments adopted within and beyond the aegis of the Association of Southeast Asian Nations. It assesses the extent to which they provide the means to implement international obligations under the United Nations Convention for the Law of the Sea (LOSC). It concludes that these instruments demonstrate a dual role in the implementation of the LOSC: not only can they be key considerations in determining whether States have implemented their duty to cooperate, they can also guide the interpretation of the duty to act with due diligence to protect endangered sea turtles and their habitats.