COMMUNITY INTERESTS and the PROTECTION of the MARINE ENVIRONMENT within NATIONAL JURISDICTION

Abstract

This article considers the under-studied question of the interests that the international community may have in the protection of the marine environment within national jurisdiction. This question is addressed on the basis of a comprehensive analysis of the major documents that reveal the convictions of the international community, including UN General Assembly resolutions, major international treaties and the outcomes of multilateral conferences. The core argument is that, despite the dominance of the zonal jurisdictional regime in the law of the sea, the international community has, in fact, clearly and consistently demonstrated an interest in the protection of the marine environment within national jurisdiction. Although a finding of community interest does not affect the character of the coastal State's primary environmental protection obligations, it may have implications for the rights of third States to challenge a coastal State's failure to protect its own marine environment. Whether third States choose to exercise this right in practice remains to be seen; however, this article's findings should indicate to States that their actions and policies concerning the protection of the marine environment of their own maritime zones are a matter of concern to all States.