Toward Sustainable Management of Marine Natural Resources

Abstract

As comments on Judge Wolfrum’s keynote speech, this paper discusses four principal issues concerning sustainable management of marine natural resources: the concept of sustainable development, consideration of time elements, the interplay between law and science, and locus standi in response to a breach of obligations erga omnes partes. Following the Introduction, this paper examines the normativity of the concept of sustainable development since sustainable development is a key concept in the management of marine natural resources. Next, this chapter addresses considerations of time elements in sustainable development of marine natural resources. In this regard, it examines three types of time elements: time in the ecological sense, time in the precautionary sense, and time in inter-generational sense. It also discusses evolutionary treaty interpretation with specific focus on the Whaling in the Antarctic case. It then moves on to address the interplay between law and science in sustainable management of marine natural resources. Finally, this chapter discusses the issues of responsibility arising from the breach of obligations concerning non-sustainable use of marine natural resources focusing particularly on locus standi on the basis of the breach of obligations erga omnes partes, before offering conclusions.