expert members elected by member States to UNCLOS who serve in their personal
capacity.
9
Pertinently, although the CLCS does not have the authority to consider, influence
or shape environmental themes, its function of ascertaining (with finality) which
areas fall within national jurisdiction and which do fall within the jurisdiction of the
ISA is important as it determines who has the mandate to exercise jurisdiction over
resources and take measures to protect the marine environment. Furthermore, preparing a submission to the CLCS entails the compiling of detailed hydrographical
and geological information pertaining to the seabed, which essentially requires
significant marine scientific research and exploration endeavours on the part of the
coastal State.
10 This information could subsequently be relied on by the coastal State
or regional organizations operating in that part of the ocean in taking measures to
protect fragile ecosystems and designate marine protected areas.
Finally, the importance of the meeting of the State Parties to UNCLOS (SPLOS)
should be mentioned. SPLOS serves an informative forum and provides member
States with the platform to deliberate on matters relating to UNCLOS.
11 While the
nature and exact mandate of these meetings are ambiguous, its ‘principal point of
focus is a review of the work of the ITLOS, the ISA, and the CLCS’.
12 In this sense,
there are prospects for marine environmental concerns faced by those institutions to
be raised and discussed among member States who should, as parties to the treaty,
have a say in the direction in which UNCLOS is heading. Nevertheless, given that
the purpose, functions, and powers of the SPLOS meetings have not been clearly
defined under UNCLOS, and coupled with the fact that matters involving the law of
the sea are by and large political in nature, the reality is that the more pertinent and
pressing issues have traditionally been dealt with by the UN General Assembly and
the wider UN system.
13
2.2 The United Nations ‘Family’ Organizations
The UN ‘family’ here refers to the UN General Assembly and its organs and
specialized UN institutions that contribute to the law of the sea and marine environmental protection even though that is not their primary function.
14 At the outset, it
should be clarified that as it would be a near impossible task to outline each
organization and their role, this section will only focus on key organizations
involved in marine protection, namely the UN General Assembly (UNGA), the
9 Annex II, Article 2, UNCLOS. See also Commission on the Limits of the Continental Shelf (2018).
10 Jenisch (2010).
11 Tanaka (2015a), p. 34.
12 Rothwell and Stephens (2016), p. 21.
13 Harrison (2015a), pp. 389–390.
14 Churchill and Lowe (1999), p. 22.
40
P. A. Singh
capacity.
9
Pertinently, although the CLCS does not have the authority to consider, influence
or shape environmental themes, its function of ascertaining (with finality) which
areas fall within national jurisdiction and which do fall within the jurisdiction of the
ISA is important as it determines who has the mandate to exercise jurisdiction over
resources and take measures to protect the marine environment. Furthermore, preparing a submission to the CLCS entails the compiling of detailed hydrographical
and geological information pertaining to the seabed, which essentially requires
significant marine scientific research and exploration endeavours on the part of the
coastal State.
10 This information could subsequently be relied on by the coastal State
or regional organizations operating in that part of the ocean in taking measures to
protect fragile ecosystems and designate marine protected areas.
Finally, the importance of the meeting of the State Parties to UNCLOS (SPLOS)
should be mentioned. SPLOS serves an informative forum and provides member
States with the platform to deliberate on matters relating to UNCLOS.
11 While the
nature and exact mandate of these meetings are ambiguous, its ‘principal point of
focus is a review of the work of the ITLOS, the ISA, and the CLCS’.
12 In this sense,
there are prospects for marine environmental concerns faced by those institutions to
be raised and discussed among member States who should, as parties to the treaty,
have a say in the direction in which UNCLOS is heading. Nevertheless, given that
the purpose, functions, and powers of the SPLOS meetings have not been clearly
defined under UNCLOS, and coupled with the fact that matters involving the law of
the sea are by and large political in nature, the reality is that the more pertinent and
pressing issues have traditionally been dealt with by the UN General Assembly and
the wider UN system.
13
2.2 The United Nations ‘Family’ Organizations
The UN ‘family’ here refers to the UN General Assembly and its organs and
specialized UN institutions that contribute to the law of the sea and marine environmental protection even though that is not their primary function.
14 At the outset, it
should be clarified that as it would be a near impossible task to outline each
organization and their role, this section will only focus on key organizations
involved in marine protection, namely the UN General Assembly (UNGA), the
9 Annex II, Article 2, UNCLOS. See also Commission on the Limits of the Continental Shelf (2018).
10 Jenisch (2010).
11 Tanaka (2015a), p. 34.
12 Rothwell and Stephens (2016), p. 21.
13 Harrison (2015a), pp. 389–390.
14 Churchill and Lowe (1999), p. 22.
40
P. A. Singh