Can the Provisions of Part XII of the 1982 United Nations Convention
On the Law of the Sea Meet the Growing Demand for Global Environmental Protection?
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"The protection and preservation of the environment is now perceived as being of crucial importance to the future of mankind." (Lord Goff of Chieveley, Cambridge Water Co. v. Easter Counties Leather plc) The 1982 United Nations Convention on the Law of the Sea provides a comprehensive set of rules for the protection and preservation of the marine environment. As some writers qualify it Part XII of UNCLOS represents the 'single most important step forward toward the progressive development of international environmental law. It requires States to take 'all measures necessary' to prevent and con...
"The protection and preservation of the environment is now perceived as being of crucial importance to the future of mankind." (Lord Goff of Chieveley, Cambridge Water Co. v. Easter Counties Leather plc) The 1982 United Nations Convention on the Law of the Sea provides a comprehensive set of rules for the protection and preservation of the marine environment. As some writers qualify it Part XII of UNCLOS represents the 'single most important step forward toward the progressive development of international environmental law. It requires States to take 'all measures necessary' to prevent and control pollution damage to other States. The codification of the rights and duties of States as coastal States, flag States and port States is a central feature of UNCLOS. States are bound to prevent and control marine pollution from any source and are liable for damage caused by violation of their international obligations to combat marine pollution. In this chapter the author will trace the history of developments, which led to the adoption of Part XII of UNCLOS at the Third United Nations Conference on the Law of the Sea.
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