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ocean, with its enormity and mystery, has ever been part
of human consciousness. As mystery gave way to mastery,
whole bodies of custom, tradition and law arose defining
the rights of the ships and mariners who plied the waters
and of the States on the rim of the oceans.
Attempts have been made through the years to regulate the
use of the oceans in a single convention that is
acceptable to all nations. This effort finally culminated
with the adoption of the 1982 United Nations Convention on
the Law of the Sea, which has gained nearly universal
acceptance since its entry into force on 16 November 1994.
The 1982 United Nations Convention
on the Law of the Sea provides, for the first time, a
universal legal framework for the rational management of
marine resources and their conservation for future
generations. Rarely has such radical change been achieved
peacefully, by consensus of the world community. It has
thus been hailed as the most important international
achievement since the approval of the United Nations
Charter in 1945.
While many institutions, some
created by the Convention and others part of the United
Nations system are responsible for governing areas on
specific aspects of the ocean under their jurisdiction,
the Convention itself remains the central instrument for
promoting stability and peaceful uses of the seas and
oceans. It is not, however, a static instrument, but
rather a dynamic and evolving body of law that must be
vigorously safeguarded and its implementation aggressively
advanced.
There is where the United Nations
has and will continue to play an important role as the
depository of the Convention and the globally recognized
forum for monitoring and reporting on all aspects related
to oceans and the law of the sea.
International law, particularly
the formulation of legal agreements between nations with
commonly shared resources, provide a powerful tool for
regulating access to those resources and for controlling
activities with potentially destructive impacts on the
environment.
There are several international
agreements and a series of regional and national
agreements which are directly relevant to the conservation
of marine biodiversity.
These include agreements to
regulate pollution resulting from maritime activity,
control trade in endangered marine species, curb the
hunting of endangered whales, protect coastal sites of
universal value, trace the effects of climate change on
marine ecosystems, and deal with pollution from land-based
activities.
In addition, there are currently
nine
UNEP Regional Seas Conventions with their attendant
protocols which address marine issues of particular
regional importance.
The Convention on the Law of the Sea assigns the
fundamental obligation and responsibility for protecting
and preserving the marine environment to States, and
requires them to adopt and enforce national laws and
international standards to prevent, reduce and control
ocean pollution. A growing number of detailed
international agreements on the protection of the marine
environment, as well as the utilization, conservation
and management of marine resources, have been adopted
under the unifying framework of the Convention. One of
the most significant is Chapter 17 of Agenda 21,
negotiated during the 1992 United Nations Conference on
Environment and Development (Earth Summit) as a
complement to the Convention. This agreement contains a
programme of action for "the protection of the oceans,
all kinds of seas, including enclosed and semi-enclosed
seas, and coastal areas and the protection, rational use
and development of their living resources".
Both the Convention on the Law of the Sea and Agenda 21
embody a new understanding, recognizing that the problems
facing the marine environment are closely interrelated and
cannot be tackled in isolation, but must be resolved
through integrated management of resources and
environmentally sound economic development. Some regional
and subregional programmes have led to significant
progress in the protection and preservation of the marine
environment. The regional approach is extremely effective,
and was the basis for the development of the UNEP Regional
Seas Programme and Action Plans, as well as other regional
programmes.
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