ABSTRACT

The focal point of the international law framework for the protection of the marine environment is Part XII of the 1982 United Nations Convention on the Law of the Sea (LOSC) 1 on the Protection and Preservation of the Marine Environment, complemented by a burgeoning variety of instruments on international environmental law and an evolving body of customary international law principles. Substantial implementation of this framework has occurred in marine areas within national jurisdiction with some transboundary collaboration between States in different regions to protect their marine environment across national boundaries. The regulatory framework for environmental protection in marine areas beyond national jurisdiction (ABNJ) is at a much earlier stage of development as States grapple with the broader institutional and legal challenges posed by high seas governance.