UNCLOS obligates parties to address marine pollution, many provisions of which were taking from previous 1996 convention on Fishing and Conversation
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Another sovereignty-related issue that the Convention addresses is conservation and pollution on the seas, a pressing concern given the widespread exploitation of the sea and its resources.43 Part XII of the Convention, entitled Protection and Preservation of the Marine Environment, imposes upon states the “obligation to protect and preserve the marine environment.”44 The Convention also includes detailed provisions that explicitly require state parties to take measures to prevent, reduce and control pollution.45 States are required to cooperate with global and regional efforts in combating pollution by setting standards, rules, and recommended practices, many of these through appropriate international organizations.46 Furthermore, the Convention requires states to take the affirmative step of implementing systems for monitoring and reporting the risks and effects of pollution to their marine environments.47
Conservation and pollution provisions are included in the 1966 Convention on Fishing and Conservation of the Living Resources of the High Seas, to which the United States is also a party.48 As mentioned previously, this convention permits high seas fishing while also requiring states take steps to conserve the seas’ living resources.49
U.S. ratification of UNCLOS will boost efforts to manage fishing populations in multiple ways. First, UNCLOS provides a clear legal framework for resolving disputes between countries over fishing rights, as for example the disputes between the U.S. and Canada. Secondly, becoming a party to UNCLOS gives the U.S. Coast Guard more legal tools to enforce existing regulations within the U.S. EEZ. Finally, by aceeding to UNCLOS the U.S. will be able to better lead on cooperative solutions to the global problem of overfishing.