Pub Date : 2023-08-22DOI: 10.1163/15718085-bja10143
N. O’Meara
The global plastics pollution crisis has multiple visible and invisible effects on marine, land and air environments. Fossil fuel-based plastics production is projected to triple by 2060, driving a plastics lifecycle that exacerbates climate change, contaminates ecosystems and poses risks to human rights, especially the human right to health. Existing governance measures help tackle plastics waste pollution but cannot effectively address its systemic nature. Drafting a Global Plastics Treaty, due for adoption in 2025, is an opportunity to design ambitious international plastics governance. This article argues for a human rights-based approach to the proposed treaty’s framing and substance by integrating, in particular, the human right to health, supplemented by the human right to a healthy environment. Embedding human rights considerations through a precautionary and preventative approach, shifting responsibility to polluters and showing concern for intergenerational equity would combat plastics pollution, accelerate climate action, protect ocean ecosystems and safeguard human rights.
{"title":"Human Rights and the Global Plastics Treaty to Protect Health, Ocean Ecosystems and Our Climate","authors":"N. O’Meara","doi":"10.1163/15718085-bja10143","DOIUrl":"https://doi.org/10.1163/15718085-bja10143","url":null,"abstract":"\u0000The global plastics pollution crisis has multiple visible and invisible effects on marine, land and air environments. Fossil fuel-based plastics production is projected to triple by 2060, driving a plastics lifecycle that exacerbates climate change, contaminates ecosystems and poses risks to human rights, especially the human right to health. Existing governance measures help tackle plastics waste pollution but cannot effectively address its systemic nature. Drafting a Global Plastics Treaty, due for adoption in 2025, is an opportunity to design ambitious international plastics governance. This article argues for a human rights-based approach to the proposed treaty’s framing and substance by integrating, in particular, the human right to health, supplemented by the human right to a healthy environment. Embedding human rights considerations through a precautionary and preventative approach, shifting responsibility to polluters and showing concern for intergenerational equity would combat plastics pollution, accelerate climate action, protect ocean ecosystems and safeguard human rights.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46298383","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-07DOI: 10.1163/15718085-bja10142
Elisa Morgera, Mitchell Lennan, K. Kulovesi, Giulia La Bianca, Holly J. Niner, E. Harrould-Kolieb, Eugenia Recio Piva, J. Hills, M. Ntona, A. Lancaster, M. Strand, B. Snow, Kira Erwin, L. Shannon, S. Rees, K. Hyder, Georg Engelhard, K. Howell
After drawing attention to the crucial role of marine biodiversity, including that of deep-sea ecosystems, in current scientific understanding of the ocean-climate nexus, this article highlights the limited extent to which the international climate change regime has so far addressed the ocean. The focus then shifts to how the international climate change regime could contribute to the protection of marine biodiversity as part of mitigation, adaptation and finance, taking into account human rights impacts and standards, drawing a comparison with REDD+. The article concludes with an original proposal, inspired by the Climate and Clean Air Coalition, to develop urgent, synergistic approaches to ocean- and human rights-based climate action through a multi-actor coalition, including different international treaties and United Nations bodies, to ‘protect and restore the ocean’s contributions to climate regulation, human well-being and planetary health’.
{"title":"Ocean-based Climate Action and Human Rights Implications under the International Climate Change Regime","authors":"Elisa Morgera, Mitchell Lennan, K. Kulovesi, Giulia La Bianca, Holly J. Niner, E. Harrould-Kolieb, Eugenia Recio Piva, J. Hills, M. Ntona, A. Lancaster, M. Strand, B. Snow, Kira Erwin, L. Shannon, S. Rees, K. Hyder, Georg Engelhard, K. Howell","doi":"10.1163/15718085-bja10142","DOIUrl":"https://doi.org/10.1163/15718085-bja10142","url":null,"abstract":"\u0000After drawing attention to the crucial role of marine biodiversity, including that of deep-sea ecosystems, in current scientific understanding of the ocean-climate nexus, this article highlights the limited extent to which the international climate change regime has so far addressed the ocean. The focus then shifts to how the international climate change regime could contribute to the protection of marine biodiversity as part of mitigation, adaptation and finance, taking into account human rights impacts and standards, drawing a comparison with REDD+. The article concludes with an original proposal, inspired by the Climate and Clean Air Coalition, to develop urgent, synergistic approaches to ocean- and human rights-based climate action through a multi-actor coalition, including different international treaties and United Nations bodies, to ‘protect and restore the ocean’s contributions to climate regulation, human well-being and planetary health’.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-08-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42131417","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-31DOI: 10.1163/15718085-bja10141
J. Nakamura, Julia Cirne Lima Weston, Mitchell Lennan
Climate change directly impacts the marine landscape where fishers operate. Most fishers rely on fishing for food, income and/or employment. A changing ocean can therefore significantly impact fishers’ lives and hinder the full exercise of their rights of access to fisheries resources, rights to fish, to food, to work, to culture, and to a healthy, clean and sustainable environment. This article questions whether international law supports the protection of fishers’ fundamental rights in the changing ocean context. The authors begin by elucidating what such context means to fishers and their rights, taking special account of small-scale fishers and vulnerable groups. The obligations of States Parties to key instruments under the law of the sea and international climate change law, vis-à-vis States’ obligations under human rights treaties and other relevant international guidance, are explored with a view to furthering the protection of fishers impacted by a changing ocean.
{"title":"International Legal Responses for Protecting Fishers’ Fundamental Rights Impacted by a Changing Ocean","authors":"J. Nakamura, Julia Cirne Lima Weston, Mitchell Lennan","doi":"10.1163/15718085-bja10141","DOIUrl":"https://doi.org/10.1163/15718085-bja10141","url":null,"abstract":"\u0000Climate change directly impacts the marine landscape where fishers operate. Most fishers rely on fishing for food, income and/or employment. A changing ocean can therefore significantly impact fishers’ lives and hinder the full exercise of their rights of access to fisheries resources, rights to fish, to food, to work, to culture, and to a healthy, clean and sustainable environment. This article questions whether international law supports the protection of fishers’ fundamental rights in the changing ocean context. The authors begin by elucidating what such context means to fishers and their rights, taking special account of small-scale fishers and vulnerable groups. The obligations of States Parties to key instruments under the law of the sea and international climate change law, vis-à-vis States’ obligations under human rights treaties and other relevant international guidance, are explored with a view to furthering the protection of fishers impacted by a changing ocean.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47734060","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-26DOI: 10.1163/15718085-bja10140
Sophie Shields, A. Longo, M. Strand, Elisa Morgera
This article aims to clarify the obligations of States under the law of the sea to put children’s human rights at the heart of decision-making on the protection of the marine environment, particularly at the ocean-climate nexus. The relevance of the provisions of the United Nations Convention on the Rights of the Child and in particular, children’s human right to be heard in the context of existing provisions on deep-sea mining activities under the International Seabed Authority and the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction are discussed. Reflections on more ambitious approaches to integrating intergenerational dialogue within international ocean fora, as ways to implement intergenerational equity and protect humankind at the ocean-climate nexus, on the basis of good practices in the area of children’s human rights are offered.
{"title":"Children’s Human Right to Be Heard at the Ocean-climate Nexus","authors":"Sophie Shields, A. Longo, M. Strand, Elisa Morgera","doi":"10.1163/15718085-bja10140","DOIUrl":"https://doi.org/10.1163/15718085-bja10140","url":null,"abstract":"\u0000This article aims to clarify the obligations of States under the law of the sea to put children’s human rights at the heart of decision-making on the protection of the marine environment, particularly at the ocean-climate nexus. The relevance of the provisions of the United Nations Convention on the Rights of the Child and in particular, children’s human right to be heard in the context of existing provisions on deep-sea mining activities under the International Seabed Authority and the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction are discussed. Reflections on more ambitious approaches to integrating intergenerational dialogue within international ocean fora, as ways to implement intergenerational equity and protect humankind at the ocean-climate nexus, on the basis of good practices in the area of children’s human rights are offered.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43772024","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-19DOI: 10.1163/15718085-bja10138
Elisa Morgera, Mitchell Lennan
{"title":"Introduction: Applying a Human Rights Lens to the Ocean-Climate Nexus","authors":"Elisa Morgera, Mitchell Lennan","doi":"10.1163/15718085-bja10138","DOIUrl":"https://doi.org/10.1163/15718085-bja10138","url":null,"abstract":"","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45464208","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-19DOI: 10.1163/15718085-bja10133
Shijun Zhang, M. Butt
{"title":"Marine Scientific Research, New Marine Technologies and the Law of the Sea, edited by Keyuan Zou and Anastasia Telesetsky","authors":"Shijun Zhang, M. Butt","doi":"10.1163/15718085-bja10133","DOIUrl":"https://doi.org/10.1163/15718085-bja10133","url":null,"abstract":"","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43828297","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-19DOI: 10.1163/15718085-bja10139
Elisa Morgera, Kirsty McQuaid, Giulia La Bianca, Holly J. Niner, L. Shannon, M. Strand, S. Rees, K. Howell, B. Snow, A. Lancaster, Warwick H. H. Sauer
The Agreement on Marine Biodiversity of Areas beyond National Jurisdiction (BBNJ Agreement) opens a new path in international law towards addressing issues at the ocean-climate nexus, as well as considering implications for the protection of human rights and achieving equity among States in the context of ocean knowledge production and environmental management. Based on an interdisciplinary reflection, the new international obligations on strategic environmental assessments (SEAs), and new institutional arrangements, are identified as crucial avenues to addressing climate change mitigation and ensuring fair research partnerships, mutual capacity-building and technology co-development between the Global North and South. SEAs can also support integrated implementation of other parts of the BBNJ Agreement and contribute to the broader effectiveness of the general provisions of the United Nations Convention on the Law of the Sea on the protection of the marine environment, within and beyond national jurisdiction.
{"title":"Addressing the Ocean-Climate Nexus in the BBNJ Agreement: Strategic Environmental Assessments, Human Rights and Equity in Ocean Science","authors":"Elisa Morgera, Kirsty McQuaid, Giulia La Bianca, Holly J. Niner, L. Shannon, M. Strand, S. Rees, K. Howell, B. Snow, A. Lancaster, Warwick H. H. Sauer","doi":"10.1163/15718085-bja10139","DOIUrl":"https://doi.org/10.1163/15718085-bja10139","url":null,"abstract":"\u0000The Agreement on Marine Biodiversity of Areas beyond National Jurisdiction (BBNJ Agreement) opens a new path in international law towards addressing issues at the ocean-climate nexus, as well as considering implications for the protection of human rights and achieving equity among States in the context of ocean knowledge production and environmental management. Based on an interdisciplinary reflection, the new international obligations on strategic environmental assessments (SEAs), and new institutional arrangements, are identified as crucial avenues to addressing climate change mitigation and ensuring fair research partnerships, mutual capacity-building and technology co-development between the Global North and South. SEAs can also support integrated implementation of other parts of the BBNJ Agreement and contribute to the broader effectiveness of the general provisions of the United Nations Convention on the Law of the Sea on the protection of the marine environment, within and beyond national jurisdiction.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48409694","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-29DOI: 10.1163/15718085-bja10137
Lianne P. Baars
As the Commission of Small Island States on Climate Change and International Law has communicated its request for an advisory opinion to the International Tribunal for the Law of the Sea (ITLOS), the Tribunal finds itself in a unique position to interpret the law of the sea in light of pressing, global challenges. This article explores how the ITLOS advisory opinion could support international efforts to combat climate change and ocean acidification, and encourages an evolutionary and mutually supportive interpretation that integrates the law of the sea with international legal systems concerning climate change, human rights, and biodiversity. Despite its non-binding character, the effects of this advisory opinion would then by no means be negligible. By embracing its judicial function, ITLOS could therefore – within the boundaries of the prevailing legal framework – offer guidance on climate change and ocean acidification that is backed up by the authority of the law.
{"title":"The Salience of Salt Water: An ITLOS Advisory Opinion at the Ocean-Climate Nexus","authors":"Lianne P. Baars","doi":"10.1163/15718085-bja10137","DOIUrl":"https://doi.org/10.1163/15718085-bja10137","url":null,"abstract":"\u0000As the Commission of Small Island States on Climate Change and International Law has communicated its request for an advisory opinion to the International Tribunal for the Law of the Sea (ITLOS), the Tribunal finds itself in a unique position to interpret the law of the sea in light of pressing, global challenges. This article explores how the ITLOS advisory opinion could support international efforts to combat climate change and ocean acidification, and encourages an evolutionary and mutually supportive interpretation that integrates the law of the sea with international legal systems concerning climate change, human rights, and biodiversity. Despite its non-binding character, the effects of this advisory opinion would then by no means be negligible. By embracing its judicial function, ITLOS could therefore – within the boundaries of the prevailing legal framework – offer guidance on climate change and ocean acidification that is backed up by the authority of the law.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45474420","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-14DOI: 10.1163/15718085-bja10135
Pannavit Tapaneeyakorn
{"title":"The International Tribunal for the Law of the Sea, written by Kriangsak Kittichaisaree","authors":"Pannavit Tapaneeyakorn","doi":"10.1163/15718085-bja10135","DOIUrl":"https://doi.org/10.1163/15718085-bja10135","url":null,"abstract":"","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48648027","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-07DOI: 10.1163/15718085-bja10136
Sondre Torp Helmersen
This article charts three different approaches that international courts and tribunals have taken to marine life. Some have viewed marine life primarily as an economic resource, worthy of conservation only in order to ensure future exploitation. Others have seen marine life as an object of conservation in its own right. Yet others have tried to balance the two perspectives. The article also examines the sources that seem to have influenced the judges, finding that these range from the applicable law to external sources and contested legal principles.
{"title":"Three Perspectives on Marine Life in International Disputes","authors":"Sondre Torp Helmersen","doi":"10.1163/15718085-bja10136","DOIUrl":"https://doi.org/10.1163/15718085-bja10136","url":null,"abstract":"\u0000This article charts three different approaches that international courts and tribunals have taken to marine life. Some have viewed marine life primarily as an economic resource, worthy of conservation only in order to ensure future exploitation. Others have seen marine life as an object of conservation in its own right. Yet others have tried to balance the two perspectives. The article also examines the sources that seem to have influenced the judges, finding that these range from the applicable law to external sources and contested legal principles.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43103487","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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