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International Regulation of Underwater Sound - Establishing Rules and Standards to Address Ocean Noise Pollution


Year: 2004
Language: english
Author: Elena McCarthy
Genre: Convention (rules)
Publisher: Kluwer Academic Publishers
ISBN: 1-4020-8078-6
Format: PDF
Quality: eBook
Pages count: 300
Description: This book examines the issue of anthropogenic, or manmade, sound in a global context. It investigates the nature and significance of problems associated with anthropogenic sound in the ocean, identifies conflicting uses
of ocean space related to noise, and considers the need for new regulatory initiatives. In particular, it considers the response of the international legal system to the nascent problem of ocean noise. In doing so, it identifies the existing legal, economic, and political barriers to the creation and implementation of a new international regime designed to manage anthropogenic noise in the ocean.
Because underwater noise can travel thousands of miles across the high seas and into waters under the jurisdiction of other states, its impacts can be international in scope. Presently, there are no rules of international law that specifically address the transmission of sound through the ocean.6 This lack of international rules and standards for regulating underwater sound has stimulated intense controversy in scientific, environmental, and legal communities.
As a result, there is now a need to develop internationally accepted rules and standards for sound propagation and transmission in the world’s oceans. Noise is clearly different from traditional pollutants such as oil or sewage because it is not a substance, but a form of energy.7 As such, it shares certain attributes with other types of energy pollutants such as radiation and heat. For this reason, the book examines the historical treatment of radiation and thermal energy by the 1982 United Nations Convention on the Law of the Sea. It then seeks to identify the appropriate treatment for noise as a type of pollution that directly and indirectly impacts on the ocean ecosystem.
Finally, the book proposes some new approaches that could be used by the international community to address the problems that have been identified. Specifically, it focuses on the potential of marine protected areas,
sanctuaries, and multi-lateral regional initiatives in regulating underwater noise pollution.

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