Integration of general principles of international environmental law into the law of the sea: Assessment and challenges

被引：3
|
作者：
Kojima, Chie [1 ]
机构：
[1] Chuo Univ, Fac Law, 742 1 Higashinakano, Hachioji, Tokyo 1920393, Japan
来源：
MARINE POLICY | 2023年 / 149卷
关键词：
United Nations Convention on the Law of the; Sea; International environmental law; Precautionary principle; Common but differentiated responsibilities; Ecosystem approach; Duty to cooperate;
D O I：
10.1016/j.marpol.2023.105497
中图分类号：
X [环境科学、安全科学];
学科分类号：
08 ; 0830 ;
摘要：
This paper discusses how general principles of international environmental law and the law of the sea regime, namely the United Nations Convention on the Law of the Sea (UNCLOS) and its related agreements, have interacted with each other over time. It analyses how the early adoption of international instruments influenced the adoption of Part XII of UNCLOS and how the content of Part XII has evolved through the adoption of new instruments as well as interpretation by international courts and tribunals. It argues that several environmental principles have become normative concepts in the context of the law of the sea, which implies potential development of Part XII of UNCLOS in the future to meet the contemporary environmental challenges.
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页数：5
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