Natl Security Law - Marine Environment

False. As you move closer to the shore, the inclusive rights of the coastal state increase and the exclusive rights of other nations decrease.

PADI stands for Professional Association of Diving Instructors.

because the treaty was unfavorable to U.S. economic and security interests.

International Seabed Authority

200 nautical miles (370 km) seaward from baselines running along the shore,

a state can claim up to 350 nautical miles (650 km) if it can demonstrate that its continental shelf is naturally prolonged beyond 200 nm.

by bilateral agreement, not by ISA.

No.

include “all solid, liquid, or gaseous mineral resources in situ in the Area at or beneath the seabed. Article 133 (a).

Deep seabed resources are “the common heritage of mankind.”

No. States Cannot Claim Exclusivity over any part of the Area or its resources.

” (Article 137, paragraph 1)

Benefit of Mankind

“Activities in the area shall ... be carried out for the benefit of mankind as a whole and “exclusively” for “peaceful purposes (Article 141).

Permitting requirements;

Fees and taxes on seabed mining;

Ban on mining absent ISA approval;

Mandatory technology transfer to developing states.

• Cost Prohibitive
• Deep seabed mining has not generated the revenues hoped for largely because such activities remain cost prohibitive.

The provision was contrary to free market principles

the decision-making body would be dominated by developing countries and the United States was not guaranteed a seat on the Council

The seabed mining provisions could be amended and become binding on the United States without our consent,

future revenues from the deep seabed could be distributed to national liberation movements over our objections.

it did not give the United States and other states with major economic interests in seabed mining a voice in decision-making commensurate with their interests.

Reagan

US could have influence over future decisions on Seabed Mining

The mining regime is based on free-market principles

US could block decisions on substantive issues

Pollution abatement and control (e.g. prohibiting dumping of waste materials);

Resource conservation (e.g. wildlife protection).

Marine Mammals (Art 65)

The convention provides for the protection of Marine Mammals

Vessels (other than military and government)

land based (Articles 207 and 213);

atmospheric (Article 212)

dumping (Articles 210, 216).

seabed (Articles 208 and 209);

Marine Protection Duty (Art 192)

States have the sovereign right to exploit their natural resources pursuant to their environmental policies and in accordance with their duty to protect and preserve the marine environment. (Emphasis added.)

yes. Pollution Prevention (Art 194)

States are required to prevent, reduce and control pollution.

False. Pollution control and abatement measures are to be based on science. Art 194

Control & Abatement

The emphasis is on the control and abatement of pollution.

the introduction by man, directly or indirectly, of substances or energy into the marine environment” likely to be harmful.

Bio-stimulants (e.g., fertilizers and hormones)

Oil and oily wastes

Air pollution from vessels and land sources

Toxins and pathogens

Radioactive materials

Sediments, sludge, and sewage

Plastics and other non-biodegradable wastes

Sound (Noise is an anthropogenic term)

Alien or invasive species

thermal

this process works to concentrate toxic materials, such as DDT, other poisons, dangerous chemicals, and even nuclear isotopes.

In the food chain, the zoo plankton become food for the larvae of fish, which are eaten by small fish, which are consumed by birds and larger fish, which are then eaten by large predator fish, such as tuna, cod, salmon, and swordfish.

• The bioaccumulation effect is that the poisons are largely retained each step of the way. As the larger fish consumes the smaller, the toxins are retained and concentrated in its body.
• By the time we eat a can of tuna or fresh salmon that we have purchased from a store, therefore, there is generally at least some measurable level of toxic material in it.

Exxon Valdez (1991)

Sparked a environmental protection movement

Double-Hull Ships

only state-of-the-art American-flagged tankers carry oil from Alaska to refineries in Washington State and California.

(1) to contain it on the surface, away from the most sensitive areas,

(2) to dilute and disperse it into less sensitive areas

(3) to remove it from the water.

Intersex Fish

In 2005 the U.S. Geological Survey found that nearly all of the male smallmouth bass in Potomac tributaries exhibited abnormal characteristics.

The cause is believed certain chemicals and pesticides stimulate estrogen production. Also, estrogen from discarded birth control pills and in human waste may contribute to the problem. Similar “gender benders” have been found in San Diego Bay.

Puberty in Girls

Puberty in girls is starting earlier, some suggest it may be due to pollution

1972 London [Dumping] Convention

1996 London Dumping Convention Protocol

MARPOL

military ships

other government vessels used for non-commercial

86 parties to the Convention




the parties are obligated to prohibit the dumping of any waste or material not listed in Annex 1 (“the reverse list.

The reverse list contains very benign waste. (e.g. industrial fish processing waste.

Requires permitting of ocean dumping.

covers the deliberate disposal at sea of wastes and other materials from vessels, aircraft and platforms.

Does not address land based dumping or wastes associated with normal vessel operation. 1996 Protocol

yes, the Convention adopts the “polluter pays principle.”

False. the Convention does codifies the “precautionary principle".

has significantly contributed to marine pollution abatement.

Self-Executing

The 1982 Convention and most of the other conventions designed to protect the marine environment are not self-executing.

Enforcement of Pollution Regs (Art 217)

Art 217 of the UNCLOS. This is the primary means of enforcement of pollution regs

Flag state must investigate incidents of environmental pollution.

Condition of Port Entry

as a condition of port entry states can insist that vessels calling upon their ports agree on the use of pilots and tug boats.

Innocent Passage

States cannot hamper the right of innocent passage

Marine Mammals (Art 65)

States can regulate marine mammals more severely than provided by the convention

Best Scientific Evidence (Art 61)

The coastal State must take into account the best scientific evidence available to it,

to ensure that the maintenance of living resources in the [EEZ] is not endangered by over exploitation.

yes. Living Resources (Art 119)

[T]ake measures which are designed to maintain or restore populations of harvested species.

f an action or policy has a suspected risk of causing harm to the public or to the environment, in the absence of scientific certainty that the action or policy is harmful, the burden of proof that it is not harmful falls on those taking the action.

UN Rio Conf 1992

Environmental planning (e.g. NEPA and Executive Order 12114); and

Substantive (e.g. The Marine Mammal Protection Act and Endangered Species Act.)

Marine mammal Protection Act

Endangered Species Act

includes hunting, killing, trapping, capture or collect.

involves those activities designed merely to advance the state of scientific knowledge.

The expeditions are led by researchers from educational institutions,

species. identify new species,

ecosystems. or investigate ecosystems,

currents. how currents impact on weather patterns.

published. the results are published.

designed to develop economic resources, such

offshore oil

natural gas

fish stock

oil companies

government or private fishing experts

no.

Because both sides were engaged in such intelligence-gathering activities, many coastal States were suspicious of any foreign research vessels operating off their coasts at all. As a result, they established rules requiring that they apply for permission to conduct MSR.

False. State have the right to conduct MSR (Art 238)

yes. Coastal State Control (Art 245)

the coastal State has complete authority to control MSR within its territorial sea.

true. MSR Consent (Art 246)

Consent should normally be provided upon proper application,

False. Must be requested 6 months in advance.

Data Sharing

that the data and results be shared with the coastal State,

Coastal State Participation

that the coastal State be invited to participate

Failure to Comply

and that any failure to meet reasonable conditions will result in withdrawal of consent.

Consent & 4 months (Art 252)

If consent is not given within 4 months permission is implied.

no.

US MSR Policy does not impose restrictions on pure research in our EEZ.

Any foreign requests to conduct MSR within our territorial sea, however, requires consent. (i.e. they must submit a request and it must then be approved).

military ocean surveys

use of ocean space by the military to gather necessary defense information.

Temperature

ocean salinity

waves

Subs

ASW forces

states may engage in spying activities or other intelligence-gathering operations in international waters.

Must be conducted with "due regard"

Continental Shelf Violation

It would be a violation of the continental shelf provisions for a foreign State to drill into the seabed or use explosive devices on the seabed.