The International Courts and Tribunals, the Protection and Preservation of the Marine Environment

The preservation and protection of the marine environment gained more and more interest due to growing concerns around the world.The United Nations Convention on the Law of the Sea(UNCLOS) establishes a unifying framework for marine environment protection seeking to address all sources of marine pollution,strengthening the enforcement capacity of port and flag States and giving coastal States extensive jurisdiction with regards to the preservation and the protection of the marine environment.UNCLOS is therefore the legal basis which requires an international cooperation to establish a juridical system for the seas and oceans to protect and preserve the marine environment.The main applicable rules are:the principle of non-harmful use of the territory,the principle of prevention and the precautionary principle.UNCLOS confers to the International Tribunal for the Law of the Sea(ITLOS) the functions of interpretation and application of the Convention.It sets up mandatory procedures leading to binding decisions.Up to now,it was essentially the urgent procedures that served as the basis for referral to the the Tribunal in environmental disputes.However,the climate change and the marine genetic resources may raise new issues,being a matter of international concern in the near future.

Keywords: Protection And Preservation,Marine Environment,Sources Of Pollution,Non-Harmful Use Of Territory,Principle Of Prevention,Precationary Principle,Advisory Opinion,Arbitral Awards,Provisional Measures,Climate Change,And Marine Genetic Resources.