High Seas Governance Gaps: International Accountability for Nuclear Pollution

in High Seas Governance


This chapter explores the existing gap in states’ (and other actors’) international accountability for nuclear pollution of the high seas. After assessing various pollution scenarios, the chapter reviews relevant international legal instruments, including in particular the nuclear civil liability conventions as well as unclos, none of which provide for adequate or effective redress, especially as regards damage to the marine environment. It proceeds to examine the difficulties—mostly related to standing—of invoking the rules of state responsibility for the protection of the high seas against nuclear pollution as well as prospects for holding states accountable absent internationally wrongful conduct. It concludes with a call for the establishment of an international mechanism/agency with unchallengeable authority to vindicate the collective interest in the preservation and protection of the high seas.

High Seas Governance

Gaps and Challenges


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