Geoscience Reference
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2.5 Conclusions
The above discussion demonstrates that the international legal regime covering the oceans is
complexandfractured.Manyoftheolderagreementsarereflectionsoftheirtime,anddonot
fully consider the impact of human activities on ecosystems and non-target species. Modern
conservation principles, such as the ecosystem and precautionary approach, and tools such
as MPAs and EIA, are not comprehensively incorporated. There also remain geographical
gaps in the regional regime, which leave large parts of the global commons without a re-
gional agreement.
The future will bring a number of unforeseen challenges that will include a warming
climate and its impacts. Related to this may be the emergence of new technologies (ocean
fertilization, carbon sequestration, floating wind farms, floating and seabed nuclear power
stations) that are not yet fully addressed by existing legal regimes. In addition, the likely fu-
ture increase in shipping and human use in the Arctic is not yet fully regulated.
All international treaty regimes and agreements can be undermined by parties and non-
parties alike. Where implementation and enforcement of obligations is left to states parties,
there is a risk of non-implementation or non-compliance and the development of an 'imple-
mentation gap' between parties who take their obligations seriously and those who do not.
There is also the ever-present risk of activities by non-parties undermining the efforts of the
parties (Rayfuse, 2008 ) . Thus, even the best legal regime can, in the end, be voided if en-
forcement provisions are not sufficient.
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