The Interface of Science and Law: Protecting, Preserving and Conserving Biodiversity with the Law of the Sea Convention

With examples drawn primarily from the Law of the Sea Convention, this paper examines potential issues arising under international law facing environmental treaty development and implementation for our natural/physical world where human-imposed jurisdictional boundaries, such as “high seas,” are scientifically irrelevant and may even be potentially detrimental to achieving the admirable environmental objectives sought by these treaties. In this context it explores legal pitfalls produced by well-meaning but often inadequately advised attempts to incorporate incompletely understood scientific concepts and terminology, such as “biodiversity,” in, and/or impose them on, environmental treaties. It considers potential adverse effects on the environment, the rule of law and the development of sound science to support environmental treaties when implementation of existing treaty provisions for environmental protection is neglected.