The Duty to Cooperate in the Protection and Preservation of the Marine Environment

In: Cooperation and Engagement in the Asia-Pacific Region

Abstract

International courts and tribunals increasingly refer to the importance of the duty to cooperate in the protection and preservation of the marine environment, as in the mox Plant case, Land Reclamation case, Advisory Opinion on iuu fishing, and South China Sea Arbitration. How a State can fulfill this duty to cooperate, however, remains unclear. This paper examines the nature and content of the duty to cooperate under the United Nations Convention on the Law of the Sea namely the duty to negotiate or consult in good faith and the duty to cooperate through global, regional or subregional organizations.

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