thereby elaborating on the general obligations laid down previously. Finally, Art.
214 closes the implementation cycle by granting coastal states the right to enforce
the laws and regulations adopted in accordance with the two previous steps. The last
“step” of the approach is scrutinized in the next item.
States (coastal and flag ones alike) do not have an absolute power to legislate on
the control of marine pollution, neither a freedom to pollute without being held
accountable. States are subject to a “framework based on obligations of control,
regulation, enforcement, cooperation and responsibility”,
30 all of which are covered
in general terms by Part XII UNCLOS. Hence, upon disciplining coastal states’
powers and duties regarding pollution from continental shelf activities, the object of
this work, Art. 208 UNCLOS must be read in combination with Arts. 192 and 194.
In particular with paragraph 4, Art. 194, which prohibits unjustifiable interferences
with lawful activities carried out by other states in the exercise of their rights.
Article 208 UNCLOS reads:
1. Coastal States shall adopt laws and regulations to prevent, reduce and control pollution of
the marine environment arising from or in connection with seabed activities subject to
their jurisdiction and from artificial islands, installations and structures under their
jurisdiction, pursuant to articles 60 and 80.
2. States shall take other measures as may be necessary to prevent, reduce and control such
pollution.
3. Such laws, regulations and measures shall be no less effective than international rules,
standards and recommended practices and procedures.
4. States shall endeavor to harmonize their policies in this connection at the appropriate
regional level.
5. States, acting especially through competent international organizations or diplomatic
conference, shall establish global and regional rules, standards and recommended practices and procedures to prevent, reduce and control pollution of the marine environment
referred to in paragraph l. Such rules, standards and recommended practices and procedures shall be re-examined from time to time as necessary.
That provision governs coastal states’ legislative jurisdiction with regard to
pollution from or in connection with seabed activities,
31 or pollution that does not
come from the seabed, but that is generated by man-made objects employed to
explore or exploit continental shelf resources, such as flowline end terminations—in
offshore drilling processes—or remotely operated rovers—in the case of deep-sea
mining. In this regard, it is beyond doubt that some continental shelf ecosystems will
fall into such a category of pollution.
32 Pursuant to Art. 208, all coastal states have
the right-duty to adopt, as may be necessary and in conformity with the Convention,
30 Boyle (1985), p. 351.
31 For the purposes of this work, the phrase “seabed activities” is used interchangeably with
continental shelf activities, given that the drafters of the Convention meant Art. 208 to apply
exclusively to areas within national jurisdiction. Environmental jurisdiction concerning pollution in
the Area is regulated by the next article in line, in the Convention.
32 Mossop (2018), p. 446.
232
8 Material Extent of Coastal States’ Environmental Jurisdiction on the. . .
214 closes the implementation cycle by granting coastal states the right to enforce
the laws and regulations adopted in accordance with the two previous steps. The last
“step” of the approach is scrutinized in the next item.
States (coastal and flag ones alike) do not have an absolute power to legislate on
the control of marine pollution, neither a freedom to pollute without being held
accountable. States are subject to a “framework based on obligations of control,
regulation, enforcement, cooperation and responsibility”,
30 all of which are covered
in general terms by Part XII UNCLOS. Hence, upon disciplining coastal states’
powers and duties regarding pollution from continental shelf activities, the object of
this work, Art. 208 UNCLOS must be read in combination with Arts. 192 and 194.
In particular with paragraph 4, Art. 194, which prohibits unjustifiable interferences
with lawful activities carried out by other states in the exercise of their rights.
Article 208 UNCLOS reads:
1. Coastal States shall adopt laws and regulations to prevent, reduce and control pollution of
the marine environment arising from or in connection with seabed activities subject to
their jurisdiction and from artificial islands, installations and structures under their
jurisdiction, pursuant to articles 60 and 80.
2. States shall take other measures as may be necessary to prevent, reduce and control such
pollution.
3. Such laws, regulations and measures shall be no less effective than international rules,
standards and recommended practices and procedures.
4. States shall endeavor to harmonize their policies in this connection at the appropriate
regional level.
5. States, acting especially through competent international organizations or diplomatic
conference, shall establish global and regional rules, standards and recommended practices and procedures to prevent, reduce and control pollution of the marine environment
referred to in paragraph l. Such rules, standards and recommended practices and procedures shall be re-examined from time to time as necessary.
That provision governs coastal states’ legislative jurisdiction with regard to
pollution from or in connection with seabed activities,
31 or pollution that does not
come from the seabed, but that is generated by man-made objects employed to
explore or exploit continental shelf resources, such as flowline end terminations—in
offshore drilling processes—or remotely operated rovers—in the case of deep-sea
mining. In this regard, it is beyond doubt that some continental shelf ecosystems will
fall into such a category of pollution.
32 Pursuant to Art. 208, all coastal states have
the right-duty to adopt, as may be necessary and in conformity with the Convention,
30 Boyle (1985), p. 351.
31 For the purposes of this work, the phrase “seabed activities” is used interchangeably with
continental shelf activities, given that the drafters of the Convention meant Art. 208 to apply
exclusively to areas within national jurisdiction. Environmental jurisdiction concerning pollution in
the Area is regulated by the next article in line, in the Convention.
32 Mossop (2018), p. 446.
232
8 Material Extent of Coastal States’ Environmental Jurisdiction on the. . .