Introduction: Regime Interaction in Ocean Governance

Trevisanut, Seline; Giannopoulos, Nikolaos; Holst, Rozemarijn J. Roland

doi:10.1163/9789004422100_002

Cited by 2 publications

(1 citation statement)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Ultimately, the character of UNCLOS as a 'living treaty' suggests that it evolves, adapts to changing circumstances 84 and entails a certain degree of flexibility. 85 In this context, UNCLOS should not be considered in isolation, but within the wider international legal context of other rules of international law (not incompatible with the Convention). Many of the key provisions of UNCLOS are phrased in generic terms and are dynamic in nature, allowing their content to evolve over time.…”

Section: Law Of the Seamentioning

confidence: 99%

The power of the Paris Agreement in international climate litigation

Voigt

2023

Rev Euro Comp Intl Enviro

View full text Add to dashboard Cite

Climate litigation has reached the international level with several requests for advisory opinions from international courts and tribunals, and human rights treaty bodies addressing climate change‐related human rights violations. The Paris Agreement will likely be relevant in many of these and other cases to come, whether directly in disputes about its application or interpretation, or indirectly in informing the interpretation of other international agreements, such as the European Convention on Human Rights (ECHR) or the United Nations Convention on the Law of the Sea (UNCLOS). It could also inform the due diligence standard contained in customary international environmental law. This article first examines normative elements of the Paris Agreement that may become relevant in the interpretation of other international norms. It then identifies some potential entry points of legal influence of these elements in the interpretation and application of other international law, especially the ECHR and UNCLOS. The article argues that the legal influence of the Agreement goes above and beyond the ‘legal fold’ in which it was adopted and can inform the interpretation of other international treaties and norms. ‘Paris‐aligned’ interpretation, taking into account the diligence standards contained in the Agreement, could impact on the contemporary understanding of international law more generally. Such interpretation might be necessary to avoid undermining the relevance of the Agreement. Importantly, it suggests that Paris‐aligned interpretation of other international treaties can provide a positive feedback loop towards effective implementation of, and compliance with, the Paris Agreement. Eventually, such Paris alignment may enhance legal consistency between diverse parts of international law and break down fragmented silos.

show abstract

Section: Law Of the Seamentioning

confidence: 99%

The power of the Paris Agreement in international climate litigation

Voigt

2023

Rev Euro Comp Intl Enviro

View full text Add to dashboard Cite

show abstract

Ocean Science Diplomacy can Be a Game Changer to Promote the Access to Marine Technology in Latin America and the Caribbean

Polejack

Coelho

2021

Front. Res. Metr. Anal.

View full text Add to dashboard Cite

Ocean science is central in providing evidence for the implementation of the United Nations Law of the Sea Convention. The Convention’s provisions on transfer of marine technology to developing countries aim at strengthening scientific capabilities to promote equitable opportunities for these countries to exercise rights and obligations in managing the marine environment. Decades after the adoption of the Convention, these provisions are under implemented, despite the efforts of international organizations, such as IOC-UNESCO. Latin America and the Caribbean struggle to conduct marine scientific research and seize the opportunities of blue economy due to the limited access to state-of-the-art technology. Ocean science communities in these countries are subject to constraints not foreseeing in international treaties, such as unstable exchange rates, taxation, fees for transportation, costs of maintenance and calibration of technology, challenges to comply with technical standards, and intellectual property rights. Action is needed to overcome these challenges by promoting a closer tie between science and diplomacy. We discuss that this interplay between science and international relations, as we frame science diplomacy, can inform on how to progress in allowing countries in this region to develop relevant research and implement the Convention. We provide concrete examples of this transfer of marine technology and ways forward, in particular in the context of the UN Decade of Ocean Science for Sustainable Development (2021–2030).

show abstract

Introduction: Regime Interaction in Ocean Governance

Cited by 2 publications

References 0 publications

The power of the Paris Agreement in international climate litigation

The power of the Paris Agreement in international climate litigation

Ocean Science Diplomacy can Be a Game Changer to Promote the Access to Marine Technology in Latin America and the Caribbean

Contact Info

Product

Resources

About