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

Chie Kojima

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Chapter 6 The Duty to Cooperate in the Protection and Preservation of the Marine Environment

In: Cooperation and Engagement in the Asia-Pacific Region

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Chie Kojima

Chie Kojima
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Type:: Chapter

Pages:: 125–138

DOI:: https://doi.org/10.1163/9789004412026_010

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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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Cooperation and Engagement in the Asia-Pacific Region

Series: Center for Oceans Law and Policy, Volume: 23

E-Book ISBN:: 9789004412026

Publisher:: Brill | Nijhoff

Print Publication Date:: 05 Nov 2019

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Chapter 6 The Duty to Cooperate in the Protection and Preservation of the Marine Environment

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Cooperation and Engagement in the Asia-Pacific Region

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