Marine Pollution and International Environmental Law: Evaluating State Responsibility under Global Ocean Governance

Abstract

This paper takes a look at the different layers of the responsibility of states in relation to marine environmental degradation, focusing on the interpretative components of the United Nations Convention on the Law of the Sea. This research, moreover, examines the impact of international environmental values on the process of applying liability regimes for controlling transboundary pollution by both government and private bodies. The analysis also underscores the need for moving beyond reactive approaches to proactive due diligence in tackling the jurisdictional complexities of offshore resources exploitation. Furthermore, the 2024 ITLOS advisory opinion reinforces the need to incorporate these elements of preventative law, including minimizing impact and material loss, to harmonize the gaps between the emerging legal rules and contemporary environmental agreements. In this context the important role of Port State jurisdiction and customary obligations would be relevant to add another arm to accountability. The cumulative and growing character of these obligations gives the international community a vested interest in maintaining marine integrity by allowing for the raising of the issue of shared responsibility.