The aim of this article is to examine the implications of environmental norms for fishing by analysing the South China Sea and Chagos Marine Protected Area cases. In so doing, the article considers the link between the regulation of fishing and the protection of marine biological diversity. Specifically, three issues are to be examined: (1) the implications of Articles 192 and 194(5) of the UN Convention on the Law of the Sea for the regulation of environmentally harmful fishing, (2) the implications of Article 194 of the Convention for the fishing rights of a state, and (3) balance between environmental considerations and the fishing rights of a state. In this connection, the article argues that environmentally harmful fishing can be regarded as a key concept when considering the regulation of fishing from the viewpoints of marine environmental protection.
This case note analyses the marine environmental protection issues that arose in the 2016 South China Sea arbitration. Given that the South China Sea includes highly productive fisheries and extensive coral reef ecosystems, the alleged breach of environmental obligations under the United Nations (UN) Convention on the Law of the Sea was important in this arbitration. The Arbitral Tribunal examined three obligations concerning marine environmental protection under the UN Convention on the Law of the Sea: the obligation of due diligence; the obligation to conduct an environmental impact assessment; and the obligation to cooperate. The Tribunal's arbitral award contributes to the clarification of the interpretation of relevant provisions concerning marine environmental protection under the Convention. Furthermore, a remarkable feature of the arbitration was that the Tribunal appointed experts to have an independent opinion with regard to environmental damages arising from China's activities in the South China Sea. The use of experts in the South China Sea arbitration is worth noting, since scientific evidence is of particular importance in the settlement of international environmental disputes.