Oceans and coastal ecosystems are incredibly important, providing resources, habitats, and opportunities for economic growth. But they’re also complex and sensitive environments that need careful legal oversight to stay healthy and productive.
Ocean and coastal law, a specialized branch of environmental law, tackles the unique challenges of managing and protecting these environments. In this blog, we’ll dive into some of the key legal principles that shape this field and explore how they connect to broader topics in environmental and energy law. The principles of ocean and coastal law are vital because they form a comprehensive legal framework that ensures the sustainable management and protection of marine environments. Each principle addresses a specific aspect of ocean and coastal governance, and they are deeply interconnected.
For example, the Public Trust Doctrine ensures that natural resources are managed for public benefit, while the Law of the Sea establishes international guidelines for using and protecting these resources. The Precautionary Principle and Environmental Impact Assessment work together to prevent environmental harm before it occurs, particularly in sensitive coastal zones managed under Coastal Zone Management principles. Marine Protected Areas and the concept of sustainable use promote biodiversity conservation and responsible resource extraction, supporting the overall health of ocean ecosystems. Together, these principles create a holistic approach to marine stewardship, balancing environmental protection, economic development, and social equity.
The Public Trust Doctrine
At the heart of ocean and coastal law is the Public Trust Doctrine. This age-old concept says that certain natural resources, like navigable waters and shorelines, are held in trust by the government for public use. Essentially, the government is responsible for managing these resources not for private gain but for the benefit of everyone. This principle is a staple in top environmental law programs and is central to ensuring that the public can continue to access and enjoy coastal areas, while also protecting these environments from overuse.
The Law of the Sea
The United Nations Convention on the Law of the Sea (UNCLOS) is the foundation of international ocean governance. Sometimes called the “constitution of the oceans,” UNCLOS lays out the rules for maritime activities, including navigation, territorial waters, and exclusive economic zones (EEZs). It provides guidelines for how ocean resources should be used sustainably, how to protect the environment, and how to resolve disputes. UNCLOS is a critical component of international environmental and energy law, emphasizing the need for global cooperation in managing the world’s oceans.
Coastal Zone Management
Coastal areas are hot spots for human activity—everything from urban development to tourism and fishing. The Coastal Zone Management (CZM) principle aims to balance these activities with the need to protect and sustain coastal ecosystems. For example, the U.S. Coastal Zone Management Act (CZMA) of 1972 gives states the framework to create coastal management programs that meet national goals. This principle is all about promoting sustainable development while protecting natural resources in coastal areas. It’s a topic often explored in environmental law clinics and energy law programs, where students can get hands-on experience.
Marine Protected Areas (MPAs)
Marine Protected Areas (MPAs) are sections of the ocean where human activities are tightly regulated to conserve marine life and ecosystems. The idea behind MPAs is ecosystem-based management, which recognizes the interdependence of species and their habitats. By controlling activities like fishing, drilling, and pollution, MPAs help protect vital marine environments, endangered species, and overall ocean health. This principle is crucial in environmental legal frameworks that prioritize sustainability and environmental justice, ensuring that communities relying on these resources are safeguarded.
The Precautionary Principle
The Precautionary Principle is a key strategy in ocean and coastal law for dealing with environmental risks. It encourages taking preventive action even when there’s uncertainty about the potential harm. In the context of ocean and coastal management, this principle means taking steps to prevent or reduce environmental damage even if the science isn’t fully settled. This approach is especially important in tackling new threats like ocean acidification, plastic pollution, and climate change impacts on marine environments. It’s a principle frequently emphasized in top environmental law programs and in efforts related to environmental justice.
Sustainable Use of Marine Resources
Sustainability is a core theme in ocean and coastal law. The principle of sustainable use dictates that marine resources, like fish, minerals, and energy resources, should be managed in a way that meets today’s needs without compromising the ability of future generations to meet theirs. This principle is woven into various international agreements, such as the Fish Stocks Agreement, which focuses on the long-term sustainability of fishery resources through conservation and management. The concept of sustainable use is a recurring theme in environmental and energy law, with energy law programs often discussing how to balance resource extraction with environmental protection.
Environmental Impact Assessment (EIA)
Environmental Impact Assessment (EIA) is a legal process for evaluating the potential environmental effects of proposed projects in coastal and marine areas. The EIA process helps identify how a project might affect marine ecosystems, endangered species, water quality, and other environmental factors before any decisions are made. This principle ensures that environmental considerations are part of the decision-making process, leading to more informed and sustainable outcomes. EIA is a critical component of environmental legal practice and is a key focus in environmental law clinics and energy law programs.
Ocean and coastal law is a constantly evolving field that’s vital to protecting some of the planet’s most important and vulnerable environments. By understanding and applying these key legal principles, we can help ensure that our oceans and coasts remain healthy and productive for generations to come. Whether through international agreements, national legislation, or local management practices, these principles are the foundation of responsible ocean and coastal stewardship. For those studying or working in top environmental law or energy law programs, or engaged in environmental justice and natural resources law, these principles are essential tools for navigating the complex challenges of ocean and coastal management. Learn them at one of the top programs for environmental law, Lewis & Clark Environmental Law.
Lewis & Clark Law School’s Environmental, Natural Resources, and Energy Law program is one of the top environmental law programs in the United States according to U.S. News and World Report. The program’s Master of Studies in Environmental, Natural Resources, and Energy Law (MSL) for non-lawyers is now available via a flexible and engaging online format. Learn more today.