INTERNATIONAL MARINE ENVIRONMENTAL LAW AND POLICY Several disturbing issues pose a threat to the marine environment and its wellbeing, among them marine environmental pollution and degradation of marine biodiversity Most troubling is that these issues are overwhelmingly caused by human activities which are sometimes transboundary, and their consequences will become more severe and complicated if not properly curbed Thus, these activities require comprehensive policies, laws, and principles to manage them effectively Linked to these solutions is the need for responsibilities, cooperation and commitments at local, national, regional and international levels Contemporary Marine Environmental Law and Policy presents a thorough appraisal of the main issues, actors and institutions engaged in the legal aspects of marine environmental conservation.With contributions from an international range of authors, the book provides a concise account of the legal and policy framework underlying international marine environmental issues, and of the fundamental concepts and strategies that are important to the protection of the marine environment Some of the topics explored include: the prevention of marine pollution caused by land based activities, ships, and offshore hydrocarbon and mineral resources exploration; the conservation and management of marine living resources; the marine environment in the polar regions; and the settlement of marine environmental disputes This book provides a solid foundation for anyone studying International Environmental Law and the Law of the Sea It will also appeal to anyone seeking to gain a deeper understanding of this hugely important subject Daud Hassan is the Director of International Centre for Ocean Governance (ICOG), Western Sydney University, Australia Md Saiful Karim is the Director International at the School of Law, Queensland University of Technology, Australia INTERNATIONAL MARINE ENVIRONMENTAL LAW AND POLICY Edited by Daud Hassan and Md Saiful Karim First published 2019 by Routledge Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 711 Third Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2019 selection and editorial matter, Daud Hassan and Md Saiful Karim; individual chapters, the contributors The right of Daud Hassan and Md Saiful Karim to be identified as the author of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988 All rights reserved No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data Names: Hassan, Daud, editor | Karim, Saiful, editor Title: International marine environmental law and policy / edited by Daud Hassan & MD Saiful Karim Description: Abingdon, Oxon [UK] ; New York, NY : Routledge, 2018 | Includes bibliographical references and index Identifiers: LCCN 2018014698 | ISBN 9781138651111 (hardback) | ISBN 9781138651135 (pbk.) Subjects: LCSH: Marine pollution—Law and legislation | Marine resources conservation—Law and legislation | Marine parks and reserves—Law and legislation | Environmental law, International Classification: LCC K3590.4 I69 2018 | DDC 344.04/6—dc23 LC record available at https://lccn.loc.gov/2018014698 ISBN: 978-1-138-65111-1 (hbk) ISBN: 978-1-138-65113-5 (pbk) ISBN: 978-1-315-62492-1 (ebk) Typeset in Bembo by Apex CoVantage, LLC CONTENTS CONTENTSCONTENTS Notes on the contributors viii Acknowledgementsxii PART I Introduction and general framework for the international marine environmental law Contemporary issues in the protection and conservation of the marine environment: an overview Sandya Nishanthi Gunasekara and Md Saiful Karim Ocean governance and marine environmental conservation: concepts, principles and institutions Abul Hasanat and Md Saiful Karim 16 PART II Prevention of marine pollution 43 Prevention, reduction and control of marine pollution from land-based sources and activities Daud Hassan and Stan Palassis 45 Prevention, reduction and control of marine pollution from ships Md Mahatab Uddin and Md Saiful Karim 60 vi Contents Control and prevention of marine pollution from offshore hydrocarbon and mineral resources exploration and production activities Hossein Esmaeili Climate change, ocean acidification and the marine environment: challenges for the international legal regime Tavis Potts 69 87 Marine spatial planning and the new frontiers of marine governance101 Niko Soininen and Daud Hassan PART III Conservation and management of marine living resources Conservation of marine living resources and fisheries management Daud Hassan and Emdadul Haque 121 123 Marine protected areas: contemporary challenges and developments153 Erika Techera 10 Recognition of Indigenous rights in governance of marine protected areas: applying international law and Australian experiences173 Donna Craig PART IV Polar regions 191 11 Protection of the Antarctic marine environment: dimensions, relationships and fields Tuomas Kuokkanen 193 12 Protection of the Arctic marine environment Timo Koivurova and Nengye Liu 206 Contents vii PART V Settlement of disputes and conclusions 223 13 Contemporary marine environmental disputes Daud Hassan and Beatriz Garcia 225 14 Future of international marine environmental law and policy: concluding remarks Daud Hassan and Asraful Alam 252 Index257 CONTRIBUTORS CONTRIBUTORSCONTRIBUTORS Daud Hassan is the Director of the International Ocean Governance Centre and Associate Professor at the School of Law, University of Western Sydney Dr Hassan has published widely in international comparative marine environmental law, the study of the problems, prospects and issues of marine pollution and its effect on the marine environment His current research interest includes sustainable ocean governance with reference to marine spatial planning Dr Hassan held visiting positions in international and comparative marine environmental law in various Universities in Asia and Europe Md Saiful Karim is the Director International at the School of Law, Queensland University of Technology (QUT), Australia Dr Karim is the author of Prevention of Pollution of the Marine Environment from Vessels: The Potential and Limits of the International Maritime Organisation (Springer, 2015); Maritime Terrorism and the Role of Judicial Institutions in the International Legal Order (Brill-Nijhoff, 2017) and Shipbreaking in Developing Countries: A Requiem for Environmental Justice from the Perspective of Bangladesh (Routledge, 2018) Dr Karim is a lead author of the IPCC Special Report on the Ocean and Cryosphere in a Changing Climate and the Global and Asia Pacific Assessment Reports of the IPBES Dr Karim is a member of the World Commission on Environmental Law and the World Commission on Protected Areas Contributors Asraful Alam is a Lecturer of the Department of Maritime Law and Policy, Bangabandhu Sheikh Mujibur Rahman Maritime University, Bangladesh Currently, Mr Alam is pursuing his PhD under School of Law,Western Sydney University His research interest is ocean governance and marine environmental law Contributors ix Donna Craig is a Professor of School of Law, University of Western Sydney University Professor Craig is the Deputy Director of the International Centre for Ocean Governance (ICOG) Donna served as Foundation Board Member of the IUCN Academy of Environmental Law, Regional Vice-Chair for Oceania of the IUCN Commission of Environmental Law, Regional Governor of the International Council on Environmental Law, Board Member of the Northern Territory Environmental Protection Authority and Member of Advisory Board of Greenland-based International Training Centre of Indigenous Peoples Professor Craig is a specialist in international, comparative and national environmental law and policy at Western Sydney University Hossein Esmaeili is an Associate Professor of Law at Flinders University He previously taught at the School of Law, University of New England, and Faculty of Law, University of New South Wales and School of Law, University of Western Sydney Dr Esmaeili’s teaching areas include Real Property Law, Trusts, Immigration and Refugee Law, Comparative Law and Public International Law He is the author of The Legal Regime of Offshore Oil Rigs in International Law (2001, Ashgate, Aldershot) and has published scholarly articles in leading law journals in Australia, Europe and the United States Beatriz Garcia is a lecturer at the School of Law, University of Western Sydney Dr Garcia worked in the Climate Change and Sustainable Development branch of the United Nations Conference on Trade and Development (UNCTAD) in Geneva, Switzerland, managing climate and biodiversity projects She was a research fellow at the Australian Centre for Climate and Environmental Law at Sydney Law School She held positions as an advisor at government agencies in Brazil and several other organisations, such as the German Technical Cooperation, the Earth Council Geneva and various United Nations’ agencies She is the author of the book The Amazon from an International Law Perspective published by Cambridge University Press in 2011, as well as journal articles, chapters in books and several technical reports Sandya Nishanthi Gunasekara is a Senior Lecturer at the University of Kelaniya, Sri Lanka, teaching undergraduate and postgraduate courses in the areas of international studies She is currently a PhD candidate at the Faculty of Law, Queensland University of Technology (QUT), Australia Her PhD research provides a comprehensive explanation of the ocean governance through ecosystem-based management in the Bay of Bengal region Emdadul Haque is a Joint District Judge in Bangladesh He completed his PhD from the School of Law, University of Western Sydney, on the Delimitation of Maritime Boundaries in the Bay of Bengal Sub-region in South Asia He has special interests in the law of the sea with reference to South Asian Seas region .. .INTERNATIONAL MARINE ENVIRONMENTAL LAW AND POLICY Several disturbing issues pose a threat to the marine environment and its wellbeing, among them marine environmental pollution and degradation... Karim is the Director International at the School of Law, Queensland University of Technology, Australia INTERNATIONAL MARINE ENVIRONMENTAL LAW AND POLICY Edited by Daud Hassan and Md Saiful Karim... 13 Contemporary marine environmental disputes Daud Hassan and Beatriz Garcia 225 14 Future of international marine environmental law and policy: concluding remarks Daud Hassan and Asraful Alam