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Precaution and the protection of marine biodiversity in areas beyond national jurisdiction

Rayfuse, Rosemary LU (2012) In International Journal of Marine and Coastal Law 27(4). p.773-781
Abstract
As a post-LOSC legal development, the precautionary principle is nowhere enunciated in the Law of the Sea Convention. Nevertheless, in the thirty years since the LOSC's adoption, the significance of the precautionary principle for marine environmental protection in general and marine resource conservation in particular has been recognised. The language of precaution, the precautionary principle and the precautionary approach have entered the lexicon of the law of the sea, permeating the international community's efforts to manage and conserve marine biodiversity in areas beyond national jurisdiction. The challenge remains, however, of crafting and implementing management and governance regimes capable of achieving the objectives of... (More)
As a post-LOSC legal development, the precautionary principle is nowhere enunciated in the Law of the Sea Convention. Nevertheless, in the thirty years since the LOSC's adoption, the significance of the precautionary principle for marine environmental protection in general and marine resource conservation in particular has been recognised. The language of precaution, the precautionary principle and the precautionary approach have entered the lexicon of the law of the sea, permeating the international community's efforts to manage and conserve marine biodiversity in areas beyond national jurisdiction. The challenge remains, however, of crafting and implementing management and governance regimes capable of achieving the objectives of precautionary management and turning the rhetoric of precaution into a reality. (Less)
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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
miljörätt, environmental law, folkrätt, public international law, law of the sea, seabed mining
in
International Journal of Marine and Coastal Law
volume
27
issue
4
pages
773 - 781
publisher
Martinus Nijhoff Publishers
external identifiers
  • wos:000313828800010
  • scopus:84868014916
ISSN
0927-3522
DOI
10.1163/15718085-12341257
language
English
LU publication?
yes
id
5a4724cb-9db3-4415-9f0f-8b2a1e7db3dc (old id 3562776)
date added to LUP
2013-03-11 15:47:35
date last changed
2017-04-09 04:07:13
@article{5a4724cb-9db3-4415-9f0f-8b2a1e7db3dc,
  abstract     = {As a post-LOSC legal development, the precautionary principle is nowhere enunciated in the Law of the Sea Convention. Nevertheless, in the thirty years since the LOSC's adoption, the significance of the precautionary principle for marine environmental protection in general and marine resource conservation in particular has been recognised. The language of precaution, the precautionary principle and the precautionary approach have entered the lexicon of the law of the sea, permeating the international community's efforts to manage and conserve marine biodiversity in areas beyond national jurisdiction. The challenge remains, however, of crafting and implementing management and governance regimes capable of achieving the objectives of precautionary management and turning the rhetoric of precaution into a reality.},
  author       = {Rayfuse, Rosemary},
  issn         = {0927-3522},
  keyword      = {miljörätt,environmental law,folkrätt,public international law,law of the sea,seabed mining},
  language     = {eng},
  number       = {4},
  pages        = {773--781},
  publisher    = {Martinus Nijhoff Publishers},
  series       = {International Journal of Marine and Coastal Law},
  title        = {Precaution and the protection of marine biodiversity in areas beyond national jurisdiction},
  url          = {http://dx.doi.org/10.1163/15718085-12341257},
  volume       = {27},
  year         = {2012},
}