6:Sustainable management of the marine environment: what measures can legally be taken ?

Release date	24/08/2009

International law recognizes for states a sovereign right to exploit their natural resources and an obligation that human activities within their jurisdiction or control shall not cause damage to the marine environment of others states or beyond the limits of national jurisdiction. This balance of rights and obligations, accompanied with related jurisdiction of states, is reflected in the Law of the Sea Convention and conventions to protect the marine environment. Most measures to manage the marine environment in a sustainable way, must be in accordance to these conventions. In this contribution the author will explore the implementation of these conventions into Belgian legislation. Particular attention will be paid to the political commitments in the 5th Ministerial North Sea Declaration (2002), especially related to species and habitats, sustainable fisheries and spatial planning. Attention will further be paid to new activities proposed in the Belgian part of the North Sea. The author concludes that from a legal point of view most new activities in the Belgian part of the sea can be regulated on the basis of Belgian laws, but that these laws are not yet fully implemented.