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Precaution and the protection of marine biodiversity in areas beyond national jurisdiction

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Author

  • Rosemary Rayfuse

Summary, in English

As a post-LOSC legal development, the precautionary principle is nowhere enunciated in the Law of the Sea Convention. Nevertheless, in the thirty years since the LOSC's adoption, the significance of the precautionary principle for marine environmental protection in general and marine resource conservation in particular has been recognised. The language of precaution, the precautionary principle and the precautionary approach have entered the lexicon of the law of the sea, permeating the international community's efforts to manage and conserve marine biodiversity in areas beyond national jurisdiction. The challenge remains, however, of crafting and implementing management and governance regimes capable of achieving the objectives of precautionary management and turning the rhetoric of precaution into a reality.

Department/s

Publishing year

2012

Language

English

Pages

773-781

Publication/Series

International Journal of Marine and Coastal Law

Volume

27

Issue

4

Document type

Journal article

Publisher

Martinus Nijhoff Publishers

Topic

  • Law

Keywords

  • miljörätt
  • environmental law
  • folkrätt
  • public international law
  • law of the sea
  • seabed mining

Status

Published

ISBN/ISSN/Other

  • ISSN: 0927-3522