Environmental Engineering Reference
In-Depth Information
Questions and research tasks
Ownership of land, sea and space
1 Although most coastal states now enjoy an exclusive economic zone or
exclusive fi sheries zone out to the maximum 200 nautical miles (370 kilo-
metres) limit, the majority of the surface of the world's seas and oceans is
beyond this limit and hence constitutes the high seas. Do you consider it
positive that the international law of the sea has gradually given increasing
jurisdiction to the coastal countries over their adjacent waters extending to
such a distance? Would it have been better to maintain a larger part of the
seas as high seas, open to all? The coastal states have likewise progressively
extended their rights to the seabed. Find the Truman Declaration on the
internet and consider what its legal effect might have been at the time it
was made. Then fi nd out how it has actually infl uenced the development
of the continental shelf rights of coastal states.
2 States have acquired more and more jurisdiction on Earth and in space.
Do you think they want to extend their jurisdiction at sea, in the Moon
or the space? If this were the case, how could it happen and what would
the consequences be for environmental protection in these areas?
3 Do you think that governments will observe the environmental proto-
col in the Antarctic Treaty and refrain from mining on this ice-covered
continent, at least until 2048? What other factors in Antarctica discour-
age commercial mining? Find the Antarctic Treaty 1959 and the Madrid
Protocol 1991 on the internet to check the conditions the protocol gives
for starting mining again after 2048.
4 The International Seabed Authority has jurisdiction over the explora-
tion and exploitation for non-living resources in the deep seabed beyond
national jurisdiction (the Area). Comment on the benefi ts and disad-
vantages of the ISA assuming jurisdiction over marine genetic resources
located in the Area.
5 What role could existing regional seas organizations play in protecting the
high seas marine environment?
Principles of international law and the environment
1 Considering that states seldom assess the environmental impacts on other
states of planned projects within their jurisdiction, how is it possible that
this principle has evolved into a principle of customary international law?
Try to fi nd the principle of no-harm in various international agreements,
looking especially at those covering environmental matters. Note that the
phrase 'no-harm' might not be used explicitly. What other expressions
are used that you think are equivalent to the no-harm concept? As most
states are already legally bound to this principle by international agree-
ments, is it relevant to assess whether it is also a principle of customary
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