4 - Maritime Delimitation and the Marine Environment

Summary

UNCLOS carries various obligations relating to protection of the marine environment. States must take positive action to meet those obligations, going beyond reduction of pollution. Special protection must be afforded to vulnerable ecosystems, and this can involve the establishment of marine protected areas. The international community has committed to adoption of the ecosystem approach in various soft law instruments and it has, particularly come to feature in legal instruments of ocean management. Indeed, the future of the oceans depends on application of the ecosystem approach.

The judicial process of maritime delimitation is clearly established, and it pays little regard to ecological circumstances. However, a majority of maritime boundaries is negotiated, and States are free to depart from traditional judicial methods when agreeing on bilateral arrangements. An ecosystem approach to maritime delimitation could promote sustainable development and biodiversity within national jurisdiction, and even mitigate the adverse effects of climate change on the marine environment. It could provide a better basis for resource management and be an improvement on the sectoral approach.