Interpretation and application of general international law in the protection and preservation of marine environment

Abstract

While international law theoretically regulates marine pollution by categorizing its sources, such as land-based, ship-based, dumping-related, seabed activities within national jurisdiction, activities in the Area, and atmospheric pollution, practical implementation faces systemic crises. Confined by the framework provisions of the United Nations Convention on the Law of the Sea (UNCLOS), the application of specific international legal norms struggles to address increasingly complex marine pollution issues. This paper adopts UNCLOS as its core framework, integrating relevant international treaties, customary international law, and judicial precedents to systematically examine the interpretive mechanisms and application pathways of general international law in marine environmental protection. Through empirical analysis and comparative studies, this paper elucidates the dynamic evolution of treaty interpretation and explores the judicial application of principles such as the “precautionary principle” and the “common but differentiated responsibilities” principle. This paper aims to advance the legal governance of the marine environment at the international level, offering insights into resolving fragmentation in norms, strengthening enforcement mechanisms, and harmonizing divergent State practices.