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2 results

  • Reflections on international ocean science and ocean governance: Can our global structures rise to the occasion?

  • Katherine Louise Hill
  • Journal:
    Global Constitutionalism / Volume 13 / Issue 1 / March 2024
    Published online by Cambridge University Press:
    04 August 2023, pp. 21-24
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  • There is increasing awareness that the ocean touches all aspects of our lives and that a healthy ocean is central to a healthy planet and sustainable future. The ocean is a highly connected system and ocean science is characterized by voluntary international collaboration supported by an enthusiastic and engaged community. Increasingly, it is being recognized that international structures and instruments need to be stronger and more holistic than the current arrangements. This article outlines some perspectives on this, drawing on experience in ocean science and scientists at national, international and intergovernmental levels.

  • 17 - The Advisory Jurisdiction of the ITLOS

  • from Part IV - Paths towards Effective Ocean Governance, Implementation and Compliance
  • Edited by Froukje Maria Platjouw, Norwegian Institute for Water Research (NIVA), Alla Pozdnakova, Universitetet i Oslo
  • Book:
    The Environmental Rule of Law for Oceans
    Published online:
    21 February 2023
    Print publication:
    20 April 2023, pp 236-251
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  • Summary

    This Chapter examines the potential of the advisory jurisdiction of the plenary of the International Tribunal for the Law of the Sea (ITLOS) to strengthen ocean governance. Since its conception, the legal basis of this judicial function has been unclear. In 2015, the ITLOS determined inter alia that the basis of its advisory function emanates from international agreements providing for it. This Chapter enquires as to the nature of the required agreements and proposes the use of ad-hoc jurisdictional agreements concluded between two or more entities to request an advisory opinion from ITLOS. Use of these instruments could assist in adapting the United Nations Convention on the Law of the Sea to new challenges such as climate change or technological developments. Moreover, the chapter recognizes the potential negative impacts of using these agreements and highlights the pertinence of ITLOS` discretionary powers as a mechanism of control.