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  • 10 - The Precautionary Principle/Approach and the United Nations Convention on the Law of the Sea

  • from Part III - Balancing the Exploitation and Preservation of Ocean Resources
  • Edited by Froukje Maria Platjouw, Norwegian Institute for Water Research (NIVA), Alla Pozdnakova, Universitetet i Oslo
  • Book:
    The Environmental Rule of Law for Oceans
    Published online:
    21 February 2023
    Print publication:
    20 April 2023, pp 136-148
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  • Summary

    This Chapter studies the management of living resources under the United Nations Convention on the Law of the Sea considering the so-called precautionary principle/approach. It strives to give insights on the question whether the UN Convention demands application of the precautionary principle/approach with respect to the management of living resources vel non. The notions of the precautionary principle/approach, management and lastly that of living resources are discussed to evaluate the demand on common grounds. Taking the Southern Bluefin Tuna cases as a departure point, the analysis focuses on Part XII of the UN Convention. Finally, it gives an outlook on potential consequences of the required application to the ’package deal’.