MOGADISHU UNIVERSITY

Post-graduate program and research

Master in Public Law
Course Name: International Environmental Law
Topic: Marine Environmental Protection

Lecturer: Mr. Hussein Sharif Barre

Prepared by: Group 5
Group members
1.Mohamed Hussein Ibrahim
2.Mohamud Said Abdirahman
3.Ubah Ahmed Tohob
4.Iqlim Ahmed Adam
5.Umulkheyr Shucayb Abdullahi
6. Abdullahi Abdikarim Guled

Mogadishu,2024
Table of Contents

Introduction to Marine Environmental Protection.......................................................................1

1. Importance of marine ecosystems........................................................................................1

Biodiversity hotspots:..............................................................................................................1
Climate regulation:..................................................................................................................1
Economic significance:............................................................................................................1

2. Current threats to marine environments............................................................................1

1. Pollution:..............................................................................................................................2

2. Overfishing:............................................................................................................................2

3. Climate Change Impacts:......................................................................................................2

3. The concept of marine Environment protection (MEP)...........................................................3

1. Definition of MEP:.................................................................................................................3

2. Scope of MEP:........................................................................................................................3

3. Historical development of MEP efforts:..............................................................................3

Definition of the Marine Environment..........................................................................................4

1. Geographical scope:...............................................................................................................4

2. Ecological components:.........................................................................................................4

3. Physical and chemical characteristics:................................................................................5

Marine Environmental Protection Under Domestic Law in Somalia (National Level)..............5

1. Overview of Somalia's marine resources:...........................................................................5

2. Legal framework for Marine Environmental Protection in Somalia:..............................6

3. Key national institutions responsible for Marine Environmental Protection:................6

Challenges and Opportunities in Somalia's MEP Efforts............................................................7

1. Limited resources and enforcement capacity:....................................................................7

2. Illegal, Unreported, and Unregulated (IUU) fishing:.........................................................7

 3. Coastal pollution and habitat degradation:........................................................................7

4. Political instability and security issues:...............................................................................7

Opportunities:............................................................................................................................7

Marine Environmental Protection Under International Law......................................................8

1. Key international conventions and agreements:.................................................................8

2. Regional agreements relevant to Somalia:..........................................................................9

3. Principles of international environmental law:..................................................................9

UNCLOS and Marine Environmental Protection.......................................................................10

1. Overview of UNCLOS.........................................................................................................10

2. Rights and responsibilities of states...................................................................................10

3. Obligations for marine environmental protection............................................................11

Beyond UNCLOS: Other Key International Instruments..........................................................11

1. Convention on Biological Diversity (CBD):......................................................................11

2. International Maritime Organization (IMO) Conventions:............................................12

3. Regional Fisheries Management Organizations (RFMOs):............................................12

Emerging Issues in International Marine Environmental Law.................................................12

1. Marine Protected Areas (MPAs) in areas beyond national jurisdiction:.......................12

2. Deep-sea mining regulations:..............................................................................................13

3. Climate change impacts on marine environments and legal responses:........................13

Marine Environmental Protection Under the Law of the Sea....................................................14

1. UNCLOS provisions specific to marine pollution:...........................................................14

2. Enforcement mechanisms:..................................................................................................14

3. Dispute resolution mechanisms:.........................................................................................15

Case Study: The South China Sea Arbitration (Philippines v. China)......................................15

 1. Background of the dispute:.................................................................................................15

2. Key environmental issues raised:.......................................................................................16

3. Tribunal's findings on environmental matters:................................................................16

Case Study: Implications for Marine Environmental Protection...............................................16

1. Precedent for environmental considerations in maritime disputes:...............................17

2. Reinforcement of UNCLOS environmental provisions:..................................................17

3. Challenges in implementing the tribunal's decision:........................................................17

4. Lessons for other regions:...................................................................................................17

Conclusion....................................................................................................................................17

References.....................................................................................................................................18
Introduction to Marine Environmental Protection

Marine pollution stems from four primary sources: ship operations, waste dumping, seafloor
activities, and land-based actions. While major tanker accidents contribute significantly to oil
pollution in oceans, coastal activities such as industrial processes, agriculture, and household
products also play a role in contaminating sea waters.
A pivotal moment in marine pollution history occurred in 1967 when the Torrey Canyon,
carrying 120,000 tons of crude oil, met with disaster in the English Channel. The resulting oil
spill caused extensive damage to both English and French coasts, highlighting the
unpreparedness of these nations to handle such catastrophes. This incident catalyzed the creation
of several marine pollution conventions in the late 1960s and early 1970s.
In 1973, the Convention for the Prevention of Pollution of the Sea by Oil (MARPOL
Convention) was established to address both operational and accidental pollution from ships.
Although the original MARPOL Convention never took effect, it was incorporated into a
Protocol in 1978 that did come into force. This expanded version covers various types of ship-
based pollution beyond oil, including noxious liquids, harmful packaged substances, sewage,
garbage, and air pollution.
The 1982 Convention on the Law of the Sea further reinforced marine environmental protection.
It obligates nations to safeguard the marine environment, take necessary measures to prevent,
reduce, and control pollution from all sources, and ensure that activities under their jurisdiction
do not cause pollution damage to other states or areas beyond their sovereign control.
In response to a 1989 call from leading industrial nations, the International Maritime
Organization (IMO) developed the International Convention on Oil Pollution Preparedness,
Response and Cooperation (OPRC) in 1990. This convention requires member countries to
establish measures for dealing with pollution incidents, either independently or collaboratively.
Ships must carry oil pollution emergency plans and report pollution incidents to coastal
authorities.

The OPRC also mandates the creation of oil spill response equipment stockpiles, regular oil spill
response exercises, and detailed pollution incident management plans. Signatories are required to
assist each other during pollution emergencies, with provisions for reimbursement of any aid
provided.
This comprehensive approach to marine pollution prevention and response reflects the global
recognition of the need to protect our oceans and coastlines from the harmful effects of human
activities.
1. Importance of marine ecosystems
Marine ecosystems are crucial for the health of our planet and human well-being. Let me
briefly explain the importance of the key points you've mentioned:
Biodiversity hotspots:
1. Oceans host an incredible diversity of life, with over 80% of Earth's biodiversity found in
marine environments. This makes them vital for global ecosystem health and genetic resources.
2. Unique ecosystems like hydrothermal vents and deep-sea coral reefs harbor specialized life
forms adapted to extreme conditions, offering insights into evolution and potential for scientific
discoveries.
Climate regulation:
1. Oceans play a critical role in regulating Earth's climate by absorbing about 30% of
atmospheric CO2, helping mitigate the effects of global warming.
2. Ocean currents distribute heat globally, influencing weather patterns and climate systems
worldwide.
Economic significance:
1. Fisheries provide livelihoods for 10-12% of the world's population, making them crucial for
food security and economic stability in many regions.
2. Coastal and marine tourism contributes significantly to many economies, supporting local
communities and national GDPs.
3. Over 80% of global trade relies on shipping, highlighting the importance of healthy oceans for
international commerce and economic growth.
These factors underscore the need to protect and sustainably manage marine ecosystems for their
ecological, climatic, and economic value.
2. Current threats to marine environments
These threats can be categorized into three main areas: pollution, overfishing, and climate
change impacts.
1. Pollution:
a) Plastics:
- A staggering 8 million tons of plastic enter the oceans annually.
- This poses a severe threat to marine life through ingestion, entanglement, and habitat
degradation.
- Microplastics are particularly concerning as they can enter the food chain.
b) Chemical runoff:
- This includes pollutants from agricultural practices (like pesticides and fertilizers) and
industrial processes.
- These chemicals can lead to eutrophication, harmful algal blooms, and directly harm marine
organisms.
c) Oil spills:
- Both large-scale disasters and chronic small spills contribute to this problem.
- Oil spills can have devastating effects on marine ecosystems, coating animals and plants, and
persisting in the environment for years.
2. Overfishing:
- According to the Food and Agriculture Organization (FAO) in 2018, 33.1% of fish stocks are
being fished at biologically unsustainable levels.
- This has a dual impact:
1) It threatens food security for millions of people who depend on fish as a primary protein
source.
2) It disrupts marine ecosystems by altering food chains and biodiversity.
3. Climate Change Impacts:
a) Ocean acidification:
- The pH of the ocean has decreased by 0.1 units since pre-industrial times.
- This might seem small, but it represents a 30% increase in acidity.
- It particularly affects organisms with calcium carbonate shells or skeletons, like corals and
mollusks.
b) Sea level rise:
- Projections suggest a rise of 0.3 to 2.5 meters by 2100.
- This threatens coastal habitats and human communities.
- It can lead to increased erosion, flooding, and loss of critical ecosystems like mangroves and
salt marshes.
c) Coral bleaching:
- The statistic that 50% of the Great Barrier Reef has been lost since 1985 is alarming.
- Coral bleaching occurs when corals expel their symbiotic algae due to stress, often caused by
increased water temperatures.
- This leads to the death of coral reefs, which are crucial habitats for a vast array of marine
species.
These threats are interconnected and often compound each other's effects. For example, pollution
can make marine ecosystems more vulnerable to the impacts of climate change, while
overfishing can reduce the resilience of marine populations to other stressors.
Addressing these issues requires a multi-faceted approach involving international cooperation,
policy changes, technological innovations, and individual actions to reduce our impact on marine
environments.

3. The concept of marine Environment protection (MEP)

1. Definition of MEP:
Marine Environmental Protection refers to the collective efforts aimed at safeguarding marine
ecosystems from harm caused by human activities (anthropogenic harm). This encompasses a
wide range of actions and policies designed to preserve the health and biodiversity of our oceans,
seas, and coastal areas.
2. Scope of MEP:
The scope of Marine Environmental Protection is quite broad and includes three main areas:
a) Pollution control: This involves preventing and mitigating various forms of pollution that
affect marine environments, such as oil spills, plastic waste, chemical runoff, and noise pollution.
b) Sustainable resource management: This aspect focuses on ensuring that marine resources,
including fish stocks and mineral deposits, are used in a way that doesn't deplete them or harm
the ecosystem.
c) Conservation: This involves protecting marine habitats, endangered species, and biodiversity
through measures like marine protected areas and species recovery programs.
3. Historical development of MEP efforts:
The concept of Marine Environmental Protection has evolved over time, with several key
international agreements and events marking its development:
a) 1954 - International Convention for the Prevention of Pollution of the Sea by Oil:
This was one of the first international agreements specifically addressing marine pollution. It
focused on preventing oil pollution from ships and tankers.
b) 1972 - Stockholm Declaration on the Human Environment:
This UN conference marked a turning point in international environmental politics. While not
exclusively about marine protection, it laid important groundwork for global environmental
cooperation.
c) 1982 - United Nations Convention on the Law of the Sea (UNCLOS):
This comprehensive agreement, often called the "Constitution for the Oceans," established
rules governing all uses of the oceans and their resources. It includes provisions for marine
environmental protection.

d) 1992 - Rio Earth Summit and Agenda 21:

The Earth Summit in Rio de Janeiro produced several important outcomes, including Agenda
21, a comprehensive plan of action for sustainable development. Chapter 17 of Agenda 21
specifically addresses the protection of oceans and coastal areas.
These milestones show how MEP has progressed from initial concerns about specific issues like
oil pollution to a more comprehensive approach that recognizes the interconnectedness of marine
ecosystems and the need for global cooperation.

Definition of the Marine Environment

I'd be happy to explain the Definition of the Marine Environment as outlined in the points you've
provided. This definition breaks down the marine environment into three main categories:
geographical scope, ecological components, and physical and chemical characteristics. Let's
explore each of these in more detail.
1. Geographical scope:
This section divides the marine environment into three main areas:
a) Coastal waters: These are the waters closest to land and include:
 - Intertidal zones: Areas that are above water at low tide and underwater at high tide.
- Estuaries and lagoons: Where freshwater from rivers meets the sea, creating unique brackish
water environments.
b) Exclusive Economic Zones (EEZs):
- These are areas of the sea where a country has special rights for exploration and use of
marine resources.
- They extend up to 200 nautical miles (about 370 km) from a country's coastline.
- EEZs cover about 39% of the global ocean surface, highlighting their significance in marine
management and resource exploitation.
c) High seas:
- These are areas beyond any national jurisdiction, also known as international waters.
- They comprise about 64% of the ocean's surface, making up the largest part of the marine
environment.
2. Ecological components:
This section describes the living parts of the marine environment:
a) Marine habitats:
- Coral reefs: Despite covering only 0.1% of the ocean floor, they host 25% of all marine
species, showcasing their incredible biodiversity.
- Mangroves: Coastal forests that protect shorelines and sequester carbon.
- Seagrass beds: Underwater meadows that serve as nurseries for many fish species.
b) Marine species:
- Fish: Over 33,000 known species, ranging from tiny gobies to massive whale sharks.
- Mammals: About 130 species, including whales, dolphins, and seals.
- Invertebrates: Estimated to be in the millions, with many species yet to be discovered.
c) Microbial communities:
- Phytoplankton: Microscopic plants that produce 50-85% of the world's oxygen through
photosynthesis.
- Bacteria and archaea: Crucial for nutrient cycling in the oceans.
3. Physical and chemical characteristics:
This section covers the non-living aspects of the marine environment:
a) Ocean currents:
- Surface currents: Driven by wind patterns, these affect climate and marine life distribution.
- Thermohaline circulation: A global "conveyor belt" of deep ocean currents driven by
temperature and salinity differences.
b) Water temperature and salinity:
- The average ocean temperature is 3.9°C, with most of the deep ocean near freezing.
- The average salinity is 35 parts per thousand, though this can vary in different regions.
c) Chemical composition:
- Dissolved gases: Including oxygen (crucial for marine life), CO2 (important for pH balance),
and nitrogen.
- Nutrients: Such as nitrogen, phosphorus, and iron, which are essential for marine plant
growth.
- Trace elements and pollutants: Both natural and human-introduced substances that can affect
marine ecosystems.
This definition provides a comprehensive overview of the marine environment, considering its
physical boundaries, the life it contains, and its chemical and physical properties. Understanding
these aspects is crucial for marine conservation, resource management, and studying the impacts
of climate change on our oceans.

Marine Environmental Protection Under Domestic Law in Somalia (National Level)

1. Overview of Somalia's marine resources:
Somalia has extensive marine resources due to its long coastline and maritime zones. The
country's 3,333 km coastline is the longest in mainland Africa, giving it significant marine
territory to manage and protect. Somalia's maritime zones include:
- A 12 nautical mile territorial sea, where the country has full sovereignty.
- A 200 nautical mile Exclusive Economic Zone (EEZ), where Somalia has rights over resources
and certain economic activities.
Key marine ecosystems and species in Somali waters include:
- Coral reefs, particularly in the Gulf of Aden
- Mangrove forests, which are crucial for coastal protection
- Marine mammals like dugongs, dolphins, and whales
- Various fish species, including tuna, shark, lobster, and reef fish
2. Legal framework for Marine Environmental Protection in Somalia:
The legal basis for marine environmental protection in Somalia is primarily derived from:
a) The Constitution (2012):
- Article 25 establishes the right to a clean and healthy environment for all citizens.
- Article 45 makes environmental protection a duty of the state.
b) The Somali Fisheries Law (Law No. 23 of November 30, 1985):
- This law provides regulations on fishing methods and gear to ensure sustainable practices.
- It also includes provisions for the conservation of marine resources.
c) Environmental Management Act:
- It's noted that Somalia's environmental legislation is still developing, so this act may not be
fully implemented or may be in draft form.
3. Key national institutions responsible for Marine Environmental Protection:
a) Ministry of Fisheries and Marine Resources:
- This ministry is mandated to manage and develop the fisheries sector.
- It's responsible for implementing fisheries laws and regulations.
b) Somali Marine Resource Research and Conservation Center (SOMREC):
- This institution conducts research on marine ecosystems and resources.
- It provides advice on conservation strategies to inform policy and management decisions.
c) Coast Guard (in development):
- While still being developed, the Coast Guard is expected to play a role in enforcing marine
protection laws once fully established.
It's important to note that Somalia's marine environmental protection framework is still evolving.
The country faces challenges in fully implementing and enforcing these laws and regulations due
to various factors, including political instability and limited resources. However, this framework
provides a foundation for the protection and sustainable management of Somalia's valuable
marine resources.
Challenges in Somalia's MEP Efforts
1. Limited resources and enforcement capacity:
Somalia faces significant constraints in its ability to protect its marine environment due to a
lack of essential resources. The country doesn't have enough patrol vessels or monitoring
equipment to effectively oversee its vast coastline. Additionally, there's a shortage of trained
personnel who can enforce marine protection laws and regulations. This lack of capacity makes
it difficult for Somalia to monitor and protect its waters from various threats.
2. Political instability and security issues:
Somalia's ongoing political instability makes it challenging to implement consistent marine
protection policies. The frequent changes in government and lack of central authority in some
regions hinder long-term planning and policy implementation. Additionally, the history of piracy
in Somali waters has complicated marine resource management efforts and international
cooperation.

Marine Environmental Protection Under International Law

This framework is crucial for safeguarding our oceans and coastal areas.
1. Key international conventions and agreements:
These are the foundational global treaties that set the stage for marine protection:
a) United Nations Convention on the Law of the Sea (UNCLOS, 1982):
- Often called the "Constitution for the oceans," this comprehensive agreement is the backbone
of international maritime law.
- It defines various maritime zones (like territorial waters, exclusive economic zones, and the
high seas) and outlines the rights and responsibilities of nations within these areas.
- UNCLOS provides a framework for resolving disputes and managing marine resources.
b) Convention on Biological Diversity (CBD, 1992):
- This treaty aims to conserve biodiversity globally, including marine ecosystems.
- It includes a specific program for marine and coastal biodiversity, recognizing the unique
challenges these environments face.
c) International Convention for the Prevention of Pollution from Ships (MARPOL,
1973/1978):
 - MARPOL focuses on preventing pollution from ships, both accidental and from routine
operations.
- It has six technical Annexes, each dealing with different types of pollution (oil, noxious liquid
substances, harmful substances in packaged form, sewage, garbage, and air pollution).
d) London Convention (1972) and its 1996 Protocol:
- These agreements regulate the disposal of wastes at sea, aiming to prevent marine pollution
from dumping.
- The 1996 Protocol updated and eventually replaced the original convention, taking a more
precautionary approach.
2. Regional agreements relevant to Somalia:
These agreements focus on specific geographical areas, allowing for more tailored approaches:
a) Nairobi Convention (1985):
- This covers the Eastern African coastal region, including Somalia.
- It includes protocols on protected areas and pollution from land-based sources, addressing
local environmental concerns.
b) Jeddah Convention (1982):
- While Somalia is not yet a party, this convention covers the Red Sea and Gulf of Aden
region.
- Participation could benefit Somalia by providing a framework for regional cooperation on
marine protection.
3. Principles of international environmental law:
These principles guide the interpretation and implementation of environmental laws:
a) Precautionary principle:
- This principle advocates taking preventive action against potential environmental harm, even
when full scientific certainty is lacking.
- It shifts the burden of proof to those proposing potentially harmful activities.
b) Polluter pays principle:
- This principle assigns the costs of pollution prevention and control to those responsible for
causing the pollution.
- It incentivizes pollution reduction and promotes more sustainable practices.
c) Sustainable development:
 - This principle aims to balance economic development with environmental protection.
- It ensures that current resource use doesn't compromise the ability of future generations to
meet their needs.
d) Common but differentiated responsibilities:
- This principle recognizes that all states have a duty to protect the environment, but
acknowledges differences in capabilities and historical contributions to environmental problems.
- It often results in varied obligations for developed and developing countries in international
agreements.
These conventions, agreements, and principles collectively form a comprehensive framework for
marine environmental protection under international law. They address various aspects of marine
conservation, from pollution prevention to biodiversity protection, and provide both global and
regional approaches to tackle these issues.

UNCLOS and Marine Environmental Protection

UNCLOS (United Nations Convention on the Law of the Sea) and its provisions for Marine
Environmental Protection (MEP).
1. Overview of UNCLOS
UNCLOS is a comprehensive international agreement that governs all aspects of ocean use and
management. Here are the key points:
- Historical background: UNCLOS was negotiated over a long period, from 1973 to 1982,
reflecting the complex nature of international maritime law. It came into force in 1994, after
reaching the required number of ratifications.
- Significance: UNCLOS is often called the "Constitution for the Oceans" because it provides a
comprehensive framework for all ocean activities. It aims to balance the interests of coastal
states, maritime states, and the international community as a whole.
- Key provisions related to MEP: Part XII of UNCLOS, which includes Articles 192-237, is
specifically dedicated to the Protection and Preservation of the Marine Environment. This
section outlines specific obligations and rights that states have regarding marine environmental
protection.
2. Rights and responsibilities of states
UNCLOS defines different maritime zones, each with specific rights and responsibilities:
- Territorial sea (up to 12 nautical miles from the coast):
- The coastal state has full sovereignty in this area.
- Foreign vessels have the right of innocent passage, meaning they can pass through as long as
it's not prejudicial to the peace, good order, or security of the coastal state.
- Exclusive Economic Zone (EEZ, up to 200 nautical miles):
- Coastal states have sovereign rights for exploring, exploiting, and managing natural resources
in this area.
- They also have jurisdiction over marine scientific research and environmental protection.
- Continental shelf:
- Coastal states have sovereign rights for exploring and exploiting natural resources of the
seabed and subsoil.
- This can extend beyond 200 nautical miles if certain geological conditions are met.
3. Obligations for marine environmental protection
UNCLOS places several obligations on states regarding marine environmental protection:
- Article 192 establishes a general obligation for all states to protect and preserve the marine
environment.
- Part XII elaborates on this obligation, including:
- Measures to prevent, reduce, and control pollution from various sources (land-based, seabed
activities, dumping, vessels, and atmosphere).
- Requirement for states to cooperate on a global and regional basis in formulating rules and
standards for environmental protection.
- Provision of technical assistance, especially to developing states, and establishment of
monitoring programs.
- Requirement for environmental assessment of planned activities that may cause substantial
pollution or significant harmful changes to the marine environment.
In essence, UNCLOS recognizes the interconnected nature of the world's oceans and establishes
a framework for their sustainable use and protection. It balances the rights of states to use ocean
resources with their responsibilities to protect the marine environment, emphasizing international
cooperation in addressing global environmental challenges.
Beyond UNCLOS: Other Key International Instruments

These keys are international instruments that go beyond UNCLOS (United Nations Convention
on the Law of the Sea). These agreements and organizations play crucial roles in managing and
protecting marine resources and environments.
1. Convention on Biological Diversity (CBD):
This is a multilateral treaty aimed at conserving biodiversity, promoting sustainable use of its
components, and ensuring fair sharing of benefits from genetic resources. Two important aspects
related to marine conservation are:
a) Aichi Biodiversity Targets: These were a set of 20 targets adopted in 2010 for achievement
by 2020. Target 11 specifically aimed to conserve 10% of coastal and marine areas through
protected areas and other effective conservation measures. Although the 2020 deadline has
passed, efforts continue, and a new framework is being developed.
b) Ecologically or Biologically Significant Marine Areas (EBSAs): This is a scientific process
to identify important ocean areas based on criteria such as uniqueness, importance for threatened
species, and biological productivity. While EBSAs don't have legal status, they inform
conservation efforts and marine spatial planning.
2. International Maritime Organization (IMO) Conventions:
The IMO is a UN agency responsible for shipping safety and prevention of marine pollution.
Two key conventions are:
a) MARPOL Convention: This is the main international convention for preventing pollution
from ships. Annex I deals with oil pollution prevention, while Annex V addresses garbage
pollution from ships.
b) Ballast Water Management Convention: This aims to prevent the spread of harmful aquatic
organisms carried in ships' ballast water. It requires ships to manage their ballast water to meet
certain standards.
3. Regional Fisheries Management Organizations (RFMOs):
These are international organizations formed by countries with fishing interests in specific areas.
They play a crucial role in managing fish stocks and protecting marine ecosystems. For Somalia,
two relevant RFMOs are:
a) Indian Ocean Tuna Commission (IOTC): Manages tuna and tuna-like species in the Indian
Ocean.
b) Southwest Indian Ocean Fisheries Commission (SWIOFC): Promotes sustainable use of
living marine resources in the Southwest Indian Ocean.
RFMOs typically implement measures such as setting catch limits, regulating fishing methods,
and establishing closed areas or seasons to protect fish stocks and ecosystems.
These instruments complement UNCLOS by providing more specific mechanisms for marine
conservation, pollution prevention, and fisheries management. They reflect the international
community's efforts to address various aspects of ocean governance and marine resource
management.

Emerging Issues in International Marine Environmental Law

1. Marine Protected Areas (MPAs) in areas beyond national jurisdiction:
This issue focuses on establishing protected areas in international waters, also known as the high
seas. These are ocean areas that fall outside any country's exclusive economic zone (EEZ).
- Ongoing negotiations: Countries are currently working on a new agreement under the United
Nations Convention on the Law of the Sea (UNCLOS).
This agreement aims to address the conservation and sustainable use of marine biodiversity in
areas beyond national jurisdiction.
- Global framework for MPAs: The goal is to create a system for designating and managing
protected areas in the high seas. This is crucial because currently, there's no comprehensive legal
framework for establishing MPAs in these areas.

- Challenges: Enforcing regulations in the open ocean is difficult due to its vast size and the lack
of clear jurisdiction. Additionally, managing these areas requires international cooperation,
which can be complex to coordinate.
2. Deep-sea mining regulations:
This issue concerns the extraction of mineral resources from the deep seabed, particularly in
international waters.
- International Seabed Authority (ISA): This UN body is responsible for regulating deep-sea
mining in areas beyond national jurisdiction. They're currently developing a "mining code" to
govern these activities.
- Balancing interests: There's a tension between the potential economic benefits of deep-sea
mining and the need to protect fragile marine ecosystems. The ISA is trying to create rules that
allow for resource extraction while minimizing environmental damage.
- Environmental concerns: Deep-sea ecosystems are poorly understood and highly sensitive.
There are worries that mining activities could cause irreversible damage to unique habitats and
species.
3. Climate change impacts on marine environments and legal responses:
This broad issue deals with how climate change is affecting the oceans and how international law
needs to adapt.
- Sea level rise and maritime boundaries: As sea levels rise, it could affect the baselines used to
determine maritime zones under UNCLOS. This raises questions about how to handle shifting
boundaries and potentially disappearing island nations.
- Ocean acidification: As the oceans absorb more CO2, they become more acidic. This threatens
marine ecosystems, particularly coral reefs and shellfish. There's a growing recognition that new
legal frameworks may be needed to address this specific issue.
- Climate refugees: Rising sea levels and other climate impacts may force people to leave their
homes, particularly in low-lying island nations. Current international law doesn't adequately
address the status of people displaced by climate change, so there may be a need for new legal
instruments to protect their rights.
These issues highlight the complex challenges facing international marine environmental law as
it tries to keep pace with technological developments, scientific understanding, and the rapidly
changing global climate. They all require careful balancing of various interests and international
cooperation to address effectively.
Marine Environmental Protection Under the Law of the Sea
This framework, primarily established by the United Nations Convention on the Law of the Sea
(UNCLOS), sets out comprehensive guidelines for protecting the marine environment.
1. UNCLOS provisions specific to marine pollution:
a) Land-based sources (Article 207):
- This article recognizes that a significant portion of marine pollution originates from land-
based activities.
- It requires states to adopt laws and regulations to prevent, reduce, and control pollution of the
marine environment from land-based sources.
- This could include runoff from agriculture, industrial discharges, or sewage.
b) Vessel-source pollution (Article 211):
- This deals with pollution from ships, which is a major concern in maritime law.
- Flag states (countries where ships are registered) have primary responsibility for ensuring
their vessels comply with international standards.
- Coastal states have rights to protect their territorial seas and Exclusive Economic Zones
(EEZs) from vessel pollution, including the ability to establish particular requirements for
foreign vessels entering their ports or internal waters.

c) Dumping (Article 210):

- This article addresses the deliberate disposal of waste at sea.
- It requires states to prohibit and regulate dumping within their territorial seas, EEZs, and on
the high seas.
- The aim is to prevent the ocean from being used as a dumping ground for harmful substances.
2. Enforcement mechanisms:
a) Flag state responsibilities:
- The country where a ship is registered (flag state) has primary responsibility for ensuring that
ship complies with international rules and standards.
- This includes regular inspections, certification, and taking action against non-compliant
vessels.
b) Port state control:
 - This allows countries to inspect foreign ships visiting their ports to ensure they meet
international standards.
- If a ship is found to be non-compliant, the port state can detain the vessel until the issues are
resolved.
- This is an important backup to flag state control, as some flag states may be lax in their
oversight.
c) Coastal state jurisdiction:
- UNCLOS provides coastal states with graduated enforcement powers based on different
maritime zones (internal waters, territorial sea, contiguous zone, EEZ).
- The convention tries to balance coastal states' rights to protect their marine environment with
the principle of freedom of navigation.
- In general, coastal states have more power to enforce environmental regulations closer to
their shores.
3. Dispute resolution mechanisms:
a) International Tribunal for the Law of the Sea (ITLOS):
- This is a standing tribunal specifically created to resolve disputes related to UNCLOS.
- It can also provide advisory opinions on legal questions related to the interpretation and
application of UNCLOS.
b) Arbitration procedures:
- Annex VII arbitration is the default mechanism for dispute resolution under UNCLOS if
parties haven't agreed on another method.
- Annex VIII provides for special arbitration in certain categories of disputes, including those
related to marine environmental protection.
These provisions collectively form a comprehensive framework for protecting the marine
environment, balancing the interests of different states (coastal, port, and flag states) while
providing mechanisms for enforcing regulations and resolving disputes.

Case Study: The South China Sea Arbitration (Philippines v. China)

This case study focuses on the South China Sea Arbitration between the Philippines and China, a
landmark international legal dispute that addressed both territorial and environmental issues.
1. Background of the dispute:
The South China Sea is a contentious area with multiple countries claiming overlapping
territories and maritime boundaries. China's "nine-dash line" claim, which encompasses most of
the South China Sea, has been particularly controversial. The dispute also involves
environmental concerns, including the destruction of coral reefs and unsustainable fishing
practices.
In 2013, the Philippines initiated arbitration proceedings against China under the United Nations
Convention on the Law of the Sea (UNCLOS), challenging China's claims and actions in the
region.
2. Key environmental issues raised:
The case highlighted several critical environmental problems:
a) Damage to coral reefs: This included large-scale land reclamation and island-building
activities by China, as well as destructive fishing practices like using cyanide and dynamite.
b) Illegal fishing practices: The harvesting of endangered species such as sea turtles and giant
clams, along with other destructive fishing methods that harm reef ecosystems.
c) Island-building activities: These caused permanent destruction of coral reef habitats and
significant alterations to the marine environment.
3. Tribunal's findings on environmental matters:
The arbitration tribunal made several important rulings related to environmental issues:
a) It found that China had violated its obligations under UNCLOS to protect and preserve the
marine environment. This included failing to prevent Chinese fishermen from harvesting
endangered species and using destructive fishing practices.
b) The tribunal emphasized the importance of environmental impact assessments (EIAs). It
stated that there is an obligation under international law to conduct EIAs for activities that may
cause significant harm to the marine environment.
c) The tribunal interpreted Article 192 of UNCLOS, which states that "States have the obligation
to protect and preserve the marine environment," as creating a positive duty. This means that
states must actively take measures to protect the marine environment, not just refrain from
causing harm.
This case is significant because it clarified the legal obligations of states regarding environmental
protection in maritime areas, even in the context of territorial disputes. It set a precedent for how
international law views the balance between territorial claims and environmental responsibilities.

Case Study: Implications for Marine Environmental Protection

This appears to be analyzing the outcomes of a significant maritime dispute, likely related to the
South China Sea, and its broader implications.
1. Precedent for environmental considerations in maritime disputes:
This point highlights that the case has established a important legal precedent. It shows that
environmental protection is becoming a crucial factor in resolving maritime disputes. Even in
areas where territorial control is contested, countries still have an obligation to protect the
environment. This could be significant for future cases involving disputed waters.
2. Reinforcement of UNCLOS environmental provisions:
UNCLOS refers to the United Nations Convention on the Law of the Sea. The case seems to
have strengthened the environmental aspects of this treaty in two ways:
a) It's interpreted the duty to protect the marine environment broadly, possibly expanding its
scope.
b) It's clarified that states must conduct environmental impact assessments, making this
responsibility more explicit.
3. Challenges in implementing the tribunal's decision:
This point outlines practical difficulties in enforcing the ruling:
a) China didn't participate in the proceedings, which could make them less likely to comply.
b) Arbitral awards often lack strong enforcement mechanisms, making compliance voluntary.
c) Ongoing geopolitical tensions in the South China Sea could complicate implementation.
4. Lessons for other regions:
The case offers insights that could be applied elsewhere, like Somalia and the East African
coast:
a) It emphasizes the need for countries to work together on environmental issues.
b) It shows how international law can be used to address environmental concerns.
c) It highlights the need for countries to develop their ability to monitor and enforce
environmental regulations.
Overall, this case study seems to highlight a shift towards greater consideration of environmental
factors in maritime law, while also acknowledging the practical challenges in implementing such
decisions in complex geopolitical contexts.

Conclusion
Marine Environmental Protection (MEP) is a critical global concern that requires coordinated
efforts at local, national, and international levels. The comprehensive framework provided by
UNCLOS, supplemented by various international conventions and regional agreements, forms
the backbone of the international legal regime for marine protection. However, the effectiveness
of this regime is continually challenged by emerging issues such as climate change, deep-sea
mining, and the need for protected areas in international waters.
The case study of the South China Sea Arbitration highlights the growing importance of
environmental considerations in maritime disputes and reinforces the obligations of states to
protect marine environments, even in contested areas. This precedent-setting decision
emphasizes the need for environmental impact assessments and cooperative management of
shared marine resources.
For countries like Somalia, with extensive coastlines and rich marine resources, the lessons from
international law and case studies are particularly relevant. Developing robust national
legislation, building enforcement capacity, and engaging in regional and international
cooperation are crucial steps towards effective marine environmental protection.
As we move forward, the international community must continue to adapt and strengthen the
legal framework for marine protection. This includes addressing emerging challenges, enhancing
enforcement mechanisms, and ensuring that the benefits of marine resources are shared equitably
while preserving the health of our oceans for future generations.
The protection of our marine environment is not just a legal obligation; it is a moral imperative
and a necessity for the sustainable development of our planet. As Jacques Cousteau aptly put it,
"The sea, the great unifier, is man's only hope. Now, as never before, the old phrase has a literal
meaning: we are all in the same boat."
References
1.The Constitution of Somalia August, 2024
2. . Food and Agriculture Organization (FAO). (2018). The State of World Fisheries and
Aquaculture.
3. International Seabed Authority. (2021). Draft Regulations on Exploitation of Mineral
Resources in the Area.
4. Mohamed. Naqib. I. J. (2011) Principles of Public International Law, A Modern Approach
5. https://static.un.org/Depts/los/reference_files/Los106UnclosStatusTableEng.pdf
6. https://www.ipcc.ch/site/assets/uploads/2001/09/doc4f.pdf
7.
https://www.researchgate.net/profile/Cihat-Asan/publication/340448700_Protocol_on_Preparedn
ess_Response_and_Co-
operation_to_Pollution_Incidents_by_Hazardous_and_Noxious_Substances_2000_OPRC-
HNS_Protocol_and_its_effects_in_Turkey/links/63fca3c6b1704f343f88942e/Protocol-on-
Preparedness-Response-and-Co-operation-to-Pollution-Incidents-by-Hazardous-and-Noxious-
Substances-2000-OPRC-HNS-Protocol-and-its-effects-in-Turkey.pdf#page=357
8. https://heinonline.org/HOL/LandingPage?handle=hein.journals/jmlc5&div=24&id=&page=
9.https://heinonline.org/HOL/LandingPage?handle=hein.journals/envpola15&div=41&id=&page
10..https://openurl.ebsco.com/EPDB%3Agcd%3A6%3A25441078/detailv2?sid=ebsco%3Aplink
%3Ascholar&id=ebsco%3Agcd%3A160247509&crl=c
11. https://www.ipcc.ch/site/assets/uploads/sites/3/2022/03/00_SROCC_Frontmatter_FINAL.pdf
12.https://heinonline.org/HOL/LandingPage?handle=hein.journals/
austintlj2015&div=11&id=&page=