Climate Change and the Environmental Mark of the United Nations Convention on the Law of the Sea

 

Dear Professor and colleges

 

I hereby present my work on the challenge presented by “ELPIS v-LAW Review No. 5/2022”, which talks about the climate changes, and its effects in the law. The theme is: “Climate changes require Global changes in Law”. Within this theme, there was a variety of contributions, from numerous Professors, which talk and develop the main theme presented before. For this work, I chose to talk about the article named: “Climate Change and the Environmental Mark of the United Nations Convention on the Law of the Sea”.

This video is presented by Professor Rui Guerra da Fonseca from the University of Lisbon faculty of Law, and it focuses on the mark of the United Nations Convention on the Law of the Sea in the environment, and how its regulations affects and prevents to mitigate the climate changes.

Climate changes is one of the main problems of our days, because it has its effects in a variety of areas, like for example, economics, social and even law. Focusing on law, the climate changes leads to changes, like it is explained in other articles, but as it is explored by Professor Rui, it’s also a way to prevent it. Law prevents the climates changes through conventions and regulations, because it creates obligations to the States e other subjects of law, and also holds them responsible for the violations of those obligations.

Firstly in the video, the Professor starts to talk about the importance of the convention, and what is its purpose. The United Nations Conventions on the law of the sea focuses in many areas related with the oceans, seas and others, like the scientific exploration, that are important for the discover of new species, and the exploration of resources, but also focuses on the climate changes, for example it controls the amount of oil and pollution caused by the ships. In the first article, it is said that the climate changes are a main concern of the Convention. In the video, Professor Rui starts to recite the numerous threats and ways that the Convention considers as environment pollution, and its consequences. Some of the those, was the complications for sea life, but also for human, because some of the resources would disappear or would take a big impact, like fishing.

Even though it is not its only concern, the United Nations Convention on the Law of the sea it is a big mark in the fight against climate changes, because it is a new paradigm in International law. With the adoption of the Convention, for the first time, there were rules, that controlled the way States used and explored the oceans. With the Convention were defined zones of exploration, and also were defined the territorial waters of each State. This zones allows the application of the State’s jurisdiction and also allows them to explore the resources. Some of this regulations were revolutionary and changed the way every State could approach the waters (seas, oceans and rivers). But more about the importance of the Convention, as the Professor mentioned, there were more innovations in the law of the sea. F  or the first time, the States had the obligation of protecting the resources and sea life, from other States and other subjects like private companies, which use seas as way of transportation, or even exploration for scientific purposes. For that, the Conventions says in its first article, that States should try to control the treats using every means necessary according with their capability’s.

Following the analysation of the Convention, Professor Rui states the article 197 of the Convention. In this article, it is said that States must cooperate to achieve their goals as regards to the climate changes. The Conventions even elaborates ways which States can cooperate, like through recommendations, financial operations, or even through supports. Even though it’s not specifically stated in the Convention, Sates are allowed to cooperate with other subjects, like international organizations and even private subjects, that support the same purposes. In cases of failing in their obligations, the convention mentions that States must be held responsible for failing to prevent pollution and treats to the environment. The privates won’t be responsible for any violation, because the convention only address to States. With this said, States have to find a way to control the actions of private subjects, but also must control their own action, which sometimes its difficult due the variety of ramifications and decentralization of the administration.

In the video, the Professor also speaks about the Paris agreements, and describes it as an important piece, that helps the convention. For the countries that accepted the both, it helps them to follow their obligations and shows them how to act to protect the marine environment, through the presentation of procedures and recommendations.

In the end of the video, it’s also talked about the mechanisms to resolve disputes between States – Part XV of the Convention. These chapter show us once again how unique the Convention is, because it’s the only legal document focused on the climate changes with this kind of mechanisms, focused and made to end dispute and create settlements. As the Professor continues to explain, the main goal of this chapter of the convention, is to create measures and make the States applied them. Nevertheless, as the Professor claims, sometimes States refuse to adopt such measures, which brings the case to the International Court. When the cases are studied and analysed by the court, they declare one solution, and make the States execute them. Sometimes, the solution is the application of the measures settled in the Convention, and other times it can be compensations for the damage caused to other State. The fact that, this Convention offers solutions to problems between States makes it a big mark in the International law, because it offers an easier, and healthier path to the solutions of problems, that sometimes may be hard to resolve in the International Courts.

After watching this video, it is easy to fully understand the importance of the United Nations Convention on the Law of the Sea. Firstly, as the Professor speaks about it, the Convention as numerous purposes, which are the protection of the sea environment the prevention of treats from the climate changes. Just out of curiosity, the oceans are the main environment affected by the climate changes. They absorb around 90% of the heat, which came with the increasing of temperatures, and it treats to raise the sea levels, which will put in danger the majority of coast cities and lands and also the thousands of islands in the middle of the ocean. Also, the oceans absorb around 25% of carbon dioxide. These two curiosity examples, are just a small part of the treats that the seas are facing, so it is important that the States define areas of protection, define their obligations to help the United Nations and the Non-governmental organizations prevent them. Law, like in many other world problems takes a leading role fighting it. The United Nations Convention on the Law of the Sea is the best legal way to fight it out, because it ties the States to many obligations, and as the “power” (through judicial offices) to make States responsible for failing to accepted and follow their obligations or even for failing to execute them correctly, in terms with their capabilities. The Convention can even make them responsible for failing to cooperate with other States (when their assist is needed) or with International organizations.

So, in a certain way, it’s not difficult to fully understand the importance of the Convention, not only because their goals, but also for its legal strength in International Law.

On a personal note, I really enjoyed watching this video, regarding such an important topic to the International Law. Although it is a main problem in your world, and it has been increasing through the years, it is important to find new ways and solutions to prevent it. The climate changes are a big treat, and our legal system as to find new ways to fight.

In conclusion, I think the United Nations Convention on the Law of the Sea it’s a big mark in the fight against climate changes, because as the Professor said it has the capability to offer solutions to problems and disputes between States, as well as instigates their cooperation. Nevertheless, it is also a big mark because It creates obligations and rules that must be follow by the States, to make them protect the environment, in the seas, oceans and estuaries that are under their jurisdiction. I really recommend my fellow colleagues to watch this article, because it shows us how important it’s this legal document in the International environment, and how big his role is in the fighting to prevent climate changes and global warming.

Thank you,

Alexandre Henriques, student nº 140121512