Coastal state jurisdiction to protect and preserve the marine environment: evolution and development of the LOSC regime

• Main Author: Testa, David
• Format: Thesis
• Language: English
• Published: 2019
• Subjects: Arctic; Law of the Sea
• Online Access: http://eprints.nottingham.ac.uk/57195/; https://eprints.nottingham.ac.uk/57195/1/David%20Testa%20-%20PhD%20Thesis%20-%20Final%20August%202019.pdf

This thesis examines the potential impact of evolution and development of the 1982 United Nations Convention on the Law of the Sea (LOSC) on coastal State jurisdiction to protect and preserve the marine environment against accidental vessel-source pollution in the Exclusive Economic Zone (EEZ) and in international straits. The first Part of the thesis assesses the nature and the most pertinent provisions of the LOSC, the mechanisms that can be utilised for its development, and a selection of relevant international environmental law principles that may influence the Convention’s development process. The second Part of the thesis utilises four case-studies to test the contention that development of the LOSC can result in enhanced coastal State jurisdiction to protect the marine environment. The case-studies examine: the Australian attempt to introduce compulsory pilotage in the Torres Strait; a mandatory ship reporting system in the Canadian Arctic; coastal State regulation of bunkering and Ship-to-Ship (STS) oil transfers in the EEZ; and coastal State action in relation to the transportation of nuclear cargo in the EEZ. The third Part of the thesis draws overarching conclusions about the evolution and development of the LOSC and provides orientation for its future development. This part addresses important questions about whether it is possible and ideal to continue working within the confines of the LOSC, about limits that need to be respected in its development, and about the enduring relevance of the Convention.