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The Law of the SeaProgress and Prospects$
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David Freestone, Richard Barnes, and David Ong

Print publication date: 2006

Print ISBN-13: 9780199299614

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199299614.001.0001

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From Permission to Prohibition: The 1982 Convention on the Law of the Sea and Protection of the Marine Environment

From Permission to Prohibition: The 1982 Convention on the Law of the Sea and Protection of the Marine Environment

Chapter:
(p.180) 10 From Permission to Prohibition: The 1982 Convention on the Law of the Sea and Protection of the Marine Environment
Source:
The Law of the Sea
Author(s):

Catherine Redgwell

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199299614.003.0010

This chapter traces the evolution of marine environmental protection, with particular reference to the regulation of dumping activities. It poses the fundamental question: in the light of significant developments in global and regional environmental law and policy since 1982, does the United Nations Convention on the Law of the Sea (LOSC) continue to play a significant role in the protection and preservation of the marine environment? The LOSC is placed in an intertemporal context, considering the background against which the provisions of Part XII were negotiated. The gaps or lacunae in the LOSC are examined in the context of more closely considering the post-UNCLOS III regulation of dumping activities, and comparing these with the LOSC provisions. The continuing relevance of the LOSC for the protection and preservation of the marine environment is considered. Part XII of the LOSC expressly contemplates the integration of existing marine pollution agreements' rules and standards, and foreshadows their further dynamic development.

Keywords:   United Nations Convention, marine environment, environmental protection, dumping, marine pollution, regulation, pollution control

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