Regional cooperation addressing marine pollution from land-based activities: an interpretation of Article 207 of the Law of the Sea Convention focusing on monitoring, assessment, and surveillance of the pollution

Popattanachai, N., 2018. Regional cooperation addressing marine pollution from land-based activities: an interpretation of Article 207 of the Law of the Sea Convention focusing on monitoring, assessment, and surveillance of the pollution. PhD, Nottingham Trent University.

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Abstract

Marine Pollution from Land-based Activities (MPLA) has long been recognised as being the biggest contributor to the deterioration of the marine environment. Despite the recognition, this source of pollution remains largely unregulated. The United Nations Convention on the Law of the Sea (LOSC) is the only international agreement that regulates MPLA at the global level. However, Article 207 of the LOSC requiring States to prevent, reduce, and control MPLA has been criticised for its lack of clarity and cannot guide States’ action to fulfil their obligation.

This research picks up from this ambiguity and tries to clarify the substance of Article 207 of the LOSC. It specifically focuses on the regional aspect of this provision. The question of this research is 'how and to what extent should States act at the regional level to fulfil their obligation under Article 207 of the LOSC.' In so doing, it answers the question through the lens of treaty interpretation showing what the possible interpretations are and how States have interpreted Article 207 of the LOSC from their subsequent practice both at global and regional levels.

To fulfil this obligation at the regional level, States have interpreted Article 207 of the LOSC as a single combined obligation treating the obligations to prevent, reduce, and control MPLA collectively. Besides, when applying at the regional level, the obligation to prevent, reduce, and control MPLA comprises four key components. In particular, at the regional level, monitoring, assessment, and surveillance of MPLA have been developed to varying degrees to be part of the regional aspect of this obligation. Monitoring and assessment of MPLA are essential and can be part of the obligation, whereas surveillance of MPLA remains to be further developed.

Item Type: Thesis
Creators: Popattanachai, N.
Date: March 2018
Rights: This work is the intellectual property of the author. You may copy up to 5% of this work for private study, or personal, non-commercial research. Any re-use of the information contained within this document should be fully referenced, quoting the author, title, university, degree level and pagination. Queries or requests for any other use, or if a more substantial copy is required, should be directed to the owner(s) of the Intellectual Property Rights.
Divisions: Schools > Nottingham Law School
Depositing User: Linda Sullivan
Date Added: 27 Apr 2018 13:14
Last Modified: 27 Apr 2018 13:14
URI: http://irep.ntu.ac.uk/id/eprint/33374

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