8.1 Environmental Jurisdiction to Prescribe
On the initial question, i.e. the material extent of coastal state environmental powers
on the continental shelf, it is mandatory to examine these powers on a systematized
manner. Firstly, this section will cover the prescriptive environmental jurisdiction
allocated to coastal states for regulating continental shelf uses within 200 nm. The
same section will also skim the most relevant activities which may take place on or in
connection with the continental shelf, so as to determine the legislative maneuver
room of coastal states with regard to those activities. Aware of the industry inherent
to such an analysis, it will suffice, for the purposes of this work, to provide an
overview of the main seabed activities and coastal states’ regulatory maneuver room
with regard to the conversation of living resources and the prevention, reduction and
control of marine pollution.
8.1.1 First Dimension: Conservation of Marine Living
Resources
The conservation of living resources of the continental shelf refers expressly to the
sedentary species, i.e. those living organisms that are either immobile on or under the
seabed or are unable to move except in constant physical contact with the seafloor.
5
Such species may occur in shallow and deeper waters, the latter being known for
hosting deep-sea ecosystems below 400 m. In general, the scientific community
lacks detailed data on deep-sea species, but a broad consensus exists on the high
biodiversity rates of the deep seafloor, as well as on the chief threats to bottom-sea
ecosystems.
6 The greatest threats are posed by destructive fishing practices as
bottom trawling, or bottom fishing on deep-sea habitats.
In spite of this work being on the continental shelf, a valid starting point for an
analysis of jurisdiction to conserve living resources is to glance at the regime
applicable to the EEZ. Up to 200 nm, the EEZ and the continental shelf regimes,
although independent from each other, form an integral whole, inasmuch as coastal
states have proclaimed an EEZ for their own.
7 Environmental rights and duties
falling upon coastal states are basically the same until 200 nm, be them with respect
to the water column or the seabed. Hence, Art. 56 (1) (a) provides for coastal states’
sovereign rights over natural resources of the EEZ, for the purposes of exploring,
exploiting, managing and conserving those resources. That provision comprises both
prescriptive and enforcement jurisdiction to do so.
5 Art. 77, paragraph 4, UNCLOS, on the rights of the coastal state on the continental shelf.
6 Sands and Peel (2012), p. 439.
7 Proelss (2017), p. 436, mn 34.
8.1 Environmental Jurisdiction to Prescribe
223
On the initial question, i.e. the material extent of coastal state environmental powers
on the continental shelf, it is mandatory to examine these powers on a systematized
manner. Firstly, this section will cover the prescriptive environmental jurisdiction
allocated to coastal states for regulating continental shelf uses within 200 nm. The
same section will also skim the most relevant activities which may take place on or in
connection with the continental shelf, so as to determine the legislative maneuver
room of coastal states with regard to those activities. Aware of the industry inherent
to such an analysis, it will suffice, for the purposes of this work, to provide an
overview of the main seabed activities and coastal states’ regulatory maneuver room
with regard to the conversation of living resources and the prevention, reduction and
control of marine pollution.
8.1.1 First Dimension: Conservation of Marine Living
Resources
The conservation of living resources of the continental shelf refers expressly to the
sedentary species, i.e. those living organisms that are either immobile on or under the
seabed or are unable to move except in constant physical contact with the seafloor.
5
Such species may occur in shallow and deeper waters, the latter being known for
hosting deep-sea ecosystems below 400 m. In general, the scientific community
lacks detailed data on deep-sea species, but a broad consensus exists on the high
biodiversity rates of the deep seafloor, as well as on the chief threats to bottom-sea
ecosystems.
6 The greatest threats are posed by destructive fishing practices as
bottom trawling, or bottom fishing on deep-sea habitats.
In spite of this work being on the continental shelf, a valid starting point for an
analysis of jurisdiction to conserve living resources is to glance at the regime
applicable to the EEZ. Up to 200 nm, the EEZ and the continental shelf regimes,
although independent from each other, form an integral whole, inasmuch as coastal
states have proclaimed an EEZ for their own.
7 Environmental rights and duties
falling upon coastal states are basically the same until 200 nm, be them with respect
to the water column or the seabed. Hence, Art. 56 (1) (a) provides for coastal states’
sovereign rights over natural resources of the EEZ, for the purposes of exploring,
exploiting, managing and conserving those resources. That provision comprises both
prescriptive and enforcement jurisdiction to do so.
5 Art. 77, paragraph 4, UNCLOS, on the rights of the coastal state on the continental shelf.
6 Sands and Peel (2012), p. 439.
7 Proelss (2017), p. 436, mn 34.
8.1 Environmental Jurisdiction to Prescribe
223