MS205 ASSIGNMENT 2

Name: Viniana Baleibualagi

Student ID: S11209285

Research Paper Topic: Discuss the role of the LOSC in the protection and preservation of the
marine environment.
The Law of the Sea Convention (LOSC) stands as a significant legal framework to safeguard the
marine environment, recognizing the critical importance of preserving our oceans for present
and future generations. As a comprehensive international treaty, LOSC plays a pivotal role in the
protection and conservation of the marine ecosystem, offering a set of guidelines, regulations,
and principles to govern the responsible use and management of marine resources. The marine
environment, encompassing vast oceans, seas, and their resources, is a vital component of our
planet's ecological balance. It is home to an array of diverse species, from microscopic
organisms to majestic whales, and serves as a crucial source of sustenance, livelihood, and
transportation for countless communities worldwide.
Fiji is home to a diverse range of marine ecosystems, such as coral reefs, mangroves, and
seagrass beds. These environments provide habitats for numerous species, sustain local
communities, and contribute greatly to Fiji's economy through tourism and fishing industries.
However, human activities pose significant threats to this fragile ecosystem, ranging from
overfishing and habitat destruction to pollution and climate change. In such cases, LOSC has
been instrumental in addressing these threats and establishing a legal framework for
sustainable ocean governance. Adopted in 1982, this convention provides a universal
framework that defines the rights and responsibilities of states concerning the world's oceans.
Its provisions cover various aspects, including maritime boundaries, navigation rights, resource
management, and, significantly, the protection of marine environment. Under the convention,
Fiji has the authority to enforce regulations and measures to combat illegal, unregulated, and
unreported fishing activities within its exclusive economic zone. These actions help protect
valuable fish species and maintain the ecological balance of Fiji's marine ecosystems. Thus, this
essay seeks to discuss the role of the LOSC towards the protection and preservation of the
marine environment.
The 1970s saw the greatest upwelling of enlightened environmental philosophy, which led to
the negotiation of the UN Law of the Sea Convention (LOSC). “The 'tragedy of the commons'
debate, emerging sustainability concerns, rights of statehood for newly independent countries,
and recognition of the need to support the development aspirations of less developed States all
played a crucial role in the negotiations that resulted in significant environmental provisions to
protect the world's oceans” (Warwick Gullett,2023). One of the primary contributions of the
LOSC is its emphasis on preventing, reducing, and controlling marine pollution. Article 194 of
the Law of the Sea Convention (LOSC) explicitly deals with the importance of preventing,
reducing, and controlling marine pollution. The full title of the article is "Measures to prevent,
reduce and control pollution of the marine environment," it highlights the obligations and
responsibilities of states to protect the marine environment from various sources of pollution.
One example that illustrates the relevance of this article is the regulation of ship-generated
pollution, especially from oil spills. Article 194 stipulates that states are required to adopt laws
and regulations to prevent, reduce, and control pollution from ships flying their flag or
operating under their jurisdiction. This includes establishing adequate standards for the design,
construction, equipment, and operation of ships, as well as regulations to ensure compliance
and enforcement of these standards. Article 194 also emphasizes the importance of cooperation
amongst states to address marine pollution. It calls upon states to develop and maintain
effective measures, both individually and collectively, to prevent, reduce, and control pollution
of the marine environment from land-based sources, such as coastal factories, sewage systems,
and mining activities.
The LOSC convention establishes a legal obligation for states to take all necessary measures to
prevent pollution of the marine environment from land-based sources, including industrial and
agricultural activities. It also sets standards for the discharge of pollutants from ships, such as oil
and hazardous substances, and imposes strict liability for any damage caused by such pollution.
By regulating and holding states accountable for their actions, the LOSC acts as a powerful tool
in promoting responsible environmental stewardship.
Furthermore, the LOSC recognizes the importance of conserving and sustainably managing
marine living resources, such as fish and other marine species. Section 2 of the LOSC establishes
the principle of the exclusive economic zone (EEZ), which grants coastal states control over the
management and exploitation of natural resources within 200 nautical miles from their
coastline. This provision encourages states to adopt sustainable practices in fisheries
management, as they are responsible for ensuring the long-term viability of their marine
resources.
The LOSC also promotes cooperation among states in the management of shared fish stocks,
preventing overfishing and ensuring equitable access to resources. Article 192 of the “United
Nations Convention on the Law of the Sea” (UNCLOS) explains the importance of international
cooperation in various aspects related to marine scientific research, conservation and
management of living resources, protection and preservation of the marine environment, and
prevention and control of marine pollution. Firstly, it highlights the significance of promoting
and encouraging international scientific research in the marine environment. It emphasizes the
need for states to cooperate and exchange scientific information and data to enhance the
understanding of marine ecosystems and resources. This cooperation aims to foster sustainable
development and better decision-making in the utilization and preservation of marine
resources.
It also emphasizes the importance of international cooperation in the conservation and
management of living resources. States are encouraged to cooperate and adopt measures to
ensure the long-term sustainability of fish stocks, particularly through regional or sub-regional
organizations. These organizations facilitate cooperation among states sharing the same marine
resources, promoting responsible fishing practices, and preventing overexploitation. These
measures are essential for preserving marine biodiversity and maintaining the delicate balance
of marine ecosystems.
In addition to pollution and fisheries management, the LOSC addresses the preservation of the
marine environment through the recognition and protection of sensitive areas. The convention
establishes the concept of marine protected areas (MPAs), which are designated regions with
special conservation significance. These areas can encompass coral reefs, seagrass meadows,
and other fragile ecosystems, serving as havens for endangered species and biodiversity
hotspots. The LOSC encourages states to establish and maintain MPAs, fostering international
cooperation in their creation and management. Under Article 194, states have the responsibility
to take measures to protect and preserve the marine environment from pollution,
overexploitation, and other harmful activities. These measures may include the establishment
of marine protected areas (MPAs). MPAs are recognized as an effective tool for conserving and
managing marine biodiversity, habitats, and ecosystems. According to Article 194(5) of the
UNCLOS, states should adopt laws and regulations, establish standards, and take other
measures necessary to protect and preserve marine ecosystems in MPAs. These measures may
include the prohibition of certain harmful activities, the regulation of human activities, the
establishment of protected zones, and the adoption of management plans for MPAs. It
emphasizes international cooperation in the establishment and management of MPAs. States
are encouraged to cooperate at the regional and global level to establish and effectively manage
MPAs, particularly in areas beyond national jurisdiction. Cooperation in the establishment of
MPAs is crucial for the conservation and sustainable use of marine biodiversity and ecosystems.
For instance, Fiji has established several MPAs to preserve and restore marine habitats and
biodiversity. These areas are legally protected and help to safeguard vulnerable species and
ecosystems. One such example is the Great Sea Reef Marine Protected Area, Fiji's largest marine
reserve covering over 200,000 hectares. By designating and protecting these areas, the
convention aims to safeguard critical habitats and preserve the overall health of the marine
environment.
The UNCLOS recognizes the need to strike a balance between conservation and the sustainable
use of marine resources. Article 194(7) promotes the use of appropriate assessment techniques
and environmental impact assessments to ensure that the establishment and management of
MPAs are based on scientific knowledge and take into account the needs of both present and
future generations.
Moreover, the LOSC promotes international cooperation and collaboration in addressing
environmental challenges. The convention establishes a framework for the peaceful resolution
of disputes concerning the interpretation and application of its provisions. This mechanism
allows states to seek legal recourse in cases of environmental violations, ensuring that the
protection and preservation of the marine environment remains a priority. Additionally, the
LOSC encourages states to exchange scientific research and information, cooperate in
environmental monitoring, and share best practices in environmental conservation. Through
these cooperative efforts, the convention fosters a collective approach to addressing global
marine environmental issues, recognizing that the protection of the marine environment is a
shared responsibility. However, it is important to acknowledge that the effectiveness of the
LOSC in protecting and preserving the marine environment is not without challenges.
Enforcement and compliance with the convention provisions remain significant obstacles, as
states have different capacities and priorities. Additionally, the rapid advancement of
technology and increasing human activities in the oceans pose new challenges that require
continuous adaptation of the legal framework.
Similarly, Article 196 of the United Nations Convention on the Law of the Sea (UNCLOS) also
addresses the protection and conservation of the marine environment. It states that states have
an obligation to protect and preserve the marine environment, including preventing, reducing,
and controlling pollution from various sources, taking measures to prevent overfishing, and
conserving the living resources of the sea. For instance, Fiji has designated several areas as
shark sanctuaries to protect these important marine predators. Shark conservation is crucial as
they play a significant role in maintaining the health and balance of coral reef ecosystems. Fiji's
Shark Reef Marine Reserve and Namena Marine Reserve are examples of protected areas
specifically aimed at conserving sharks and other marine species.
The need to protect the marine environment is essential for several reasons. The oceans are
home to a vast array of biodiversity, hosting unique and fragile ecosystems. These ecosystems
provide habitat for countless marine species and play a crucial role in maintaining global
ecological balance. Protecting these ecosystems is essential for preserving biodiversity and
ensuring the continued existence of marine species. The marine environment also plays a vital
role in regulating the Earth's climate. Oceans act as a sink for carbon dioxide, a greenhouse gas
that contributes to global warming. They also absorb heat from the atmosphere, helping to
regulate temperature patterns and climate conditions. Healthy and intact marine environments
are crucial for the planet's overall climate stability. It also provides numerous ecosystem
services upon which human society depends. In many countries like Fiji, the ocean serves as a
source of food, livelihoods, and income for millions of people worldwide. Marine resources are
essential for sustaining fisheries, supporting tourism and recreational activities, and providing
valuable natural products such as medicines. Protecting the marine environment means
safeguarding these valuable resources and ensuring their availability for future generations.
All in all, the “United Nations Convention on the Law of the Sea” (LOSC) plays a crucial role in
the protection and preservation of the marine environment. This international agreement, with
its comprehensive framework, has significantly contributed to addressing various threats to the
marine ecosystem and ensuring sustainable use of the oceans. Through the establishment of
Exclusive Economic Zones (EEZs), which grant coastal states jurisdiction over a 200-nautical-mile
zone from their coastlines. This provision has facilitated the conservation of marine resources
within these designated areas, as well as the establishment of marine protected areas and the
regulation of fishing activities. By granting coastal states sovereignty rights over their exclusive
zones, the LOSC has enabled countries to protect and sustainably manage their marine
environments. The significance of international cooperation and coordination in addressing
global marine environmental challenges. Through institutions like the International Maritime
Organization (IMO) and the International Seabed Authority (ISA), the LOSC promotes
collaboration among nations to develop and implement measures to protect the marine
environment. The need to protect and preserve the marine environment is paramount due to
its immense ecological, economic, and social significance it has on the people, communities and
State as a whole.
Word Count: 1968

REFERENCE

 Chapter 8: The Arctic & the LOSC – Law of the Sea. (n.d.).
https://sites.tufts.edu/lawofthesea/chapter-eight/

 The LOSC regime for protection of the marine environment – fit for the twenty-first

century? Robin Churchill1 - Bing. (n.d.). Bing.

 Gullett, W. (2023). The contribution of the law of the sea convention to marine

environmental protection: 40 years of shimmering seas or high hopes dashed against

juridical rocks? Marine Policy, 149, 105498.

 https://doi.org/10.1016/j.marpol.2023.105498

 Chapter 7: LOSC & the Environment – Law of the Sea. (n.d.).

https://sites.tufts.edu/lawofthesea/chapter-seven/