this study could find out, Brazil has undertaken timid regional harmonization efforts
on marine pollution with its South American and South Atlantic neighbors.
37 For
instance, there is no regional binding treaty on marine pollution for the western share
of the South Atlantic Ocean, whereas multiple conventions have been adopted in the
Caribbean, the North-East Atlantic, the Mediterranean, the Baltic Sea and the Black
Sea, the Red Sea, the Arab Gulf, Western and Central Africa, the Southeast Pacific,
and the South Pacific.
Finally, states are also obliged to adopt global and regional rules, standards and
recommended practices and procedures, pursuant to Art. 208 (5) (1) UNCLOS. Note
that the Convention does not require states to “endeavor” to adopt such standards
(as it does in Art. 208, paragraph 4), but binds states to do so without any qualifiers.
Even though there is no global treaty governing liability and pollution from seabed
activities,
38 the international community has adopted important instruments in the
past decades in that regard, namely the 1990 Convention on Oil Preparedness and its
2000 Protocol to Pollution Incidents by Hazardous and Noxious Substances.
39
Besides, one ought also to rely on the several IMO nonbinding codes and guidelines
on that issue.
The third step of the implementation cycle of Part XII provisions on marine
pollution is to enforce international and national provisions locally. For that, the next
item will scrutinize what it means in practice for coastal states to have prescriptive
environmental jurisdiction with regard to continental shelf activities. In other words,
it will complete the in abstracto examination of that jurisdiction with a focus on the
most controversial aspect of enforcement by coastal states of international norms and
domestic environmental legislation regarding the continental shelf.
37 In general terms, Brazil and the European Union, together with South Africa, have announced
intentions to strengthen efforts towards a Transatlantic Ocean Research Alliance by designing
enhanced regional cooperation projects on marine science, research and innovation within the
framework of the 2017 Belém Statement. One of the purposes of the Partnership is to tackle
scientific challenges of the Atlantic Ocean, namely the effects of emerging pollutants. See Belém
Statement on Atlantic Research and Innovation Cooperation, Conference in Lisbon, July 2017, 2.
38 International literature has warned over and over on the need for a clearer international legal
framework for the environmental regulation of the offshore oil and gas industry. Current regulatory
gaps of the international regime relate to environmental safety of operations offshore, and liability
and compensation in cases of accidents. There still abound debates on the sustainability of the
current international regulatory framework for offshore oil and gas activities, be it in the continental
shelf within or beyond 200 nm. For more, see Rochette et al. (2014), p. 9.
39 International Convention on Oil Pollution Preparedness, Response and Co-operation, London,
IMO, 13 May 1995.
234
8 Material Extent of Coastal States’ Environmental Jurisdiction on the. . .
on marine pollution with its South American and South Atlantic neighbors.
37 For
instance, there is no regional binding treaty on marine pollution for the western share
of the South Atlantic Ocean, whereas multiple conventions have been adopted in the
Caribbean, the North-East Atlantic, the Mediterranean, the Baltic Sea and the Black
Sea, the Red Sea, the Arab Gulf, Western and Central Africa, the Southeast Pacific,
and the South Pacific.
Finally, states are also obliged to adopt global and regional rules, standards and
recommended practices and procedures, pursuant to Art. 208 (5) (1) UNCLOS. Note
that the Convention does not require states to “endeavor” to adopt such standards
(as it does in Art. 208, paragraph 4), but binds states to do so without any qualifiers.
Even though there is no global treaty governing liability and pollution from seabed
activities,
38 the international community has adopted important instruments in the
past decades in that regard, namely the 1990 Convention on Oil Preparedness and its
2000 Protocol to Pollution Incidents by Hazardous and Noxious Substances.
39
Besides, one ought also to rely on the several IMO nonbinding codes and guidelines
on that issue.
The third step of the implementation cycle of Part XII provisions on marine
pollution is to enforce international and national provisions locally. For that, the next
item will scrutinize what it means in practice for coastal states to have prescriptive
environmental jurisdiction with regard to continental shelf activities. In other words,
it will complete the in abstracto examination of that jurisdiction with a focus on the
most controversial aspect of enforcement by coastal states of international norms and
domestic environmental legislation regarding the continental shelf.
37 In general terms, Brazil and the European Union, together with South Africa, have announced
intentions to strengthen efforts towards a Transatlantic Ocean Research Alliance by designing
enhanced regional cooperation projects on marine science, research and innovation within the
framework of the 2017 Belém Statement. One of the purposes of the Partnership is to tackle
scientific challenges of the Atlantic Ocean, namely the effects of emerging pollutants. See Belém
Statement on Atlantic Research and Innovation Cooperation, Conference in Lisbon, July 2017, 2.
38 International literature has warned over and over on the need for a clearer international legal
framework for the environmental regulation of the offshore oil and gas industry. Current regulatory
gaps of the international regime relate to environmental safety of operations offshore, and liability
and compensation in cases of accidents. There still abound debates on the sustainability of the
current international regulatory framework for offshore oil and gas activities, be it in the continental
shelf within or beyond 200 nm. For more, see Rochette et al. (2014), p. 9.
39 International Convention on Oil Pollution Preparedness, Response and Co-operation, London,
IMO, 13 May 1995.
234
8 Material Extent of Coastal States’ Environmental Jurisdiction on the. . .