The Law of the Sea and Environmental Protection, with Special Reference to Provisional Measures of Protection
Mehmet Semih Gemalmaz
Member of the Istanbul Bar Association. Former Professor of Public Law and International Human Rights Law at the Faculty of Law, Istanbul University. He was the Director of Istanbul University Centre for Research and Practice of Human Rights Law, and was a member of the Istanbul University delegation at the European Public Law Organization (EPLO) Board of Directors
The purpose of the article is to examine marine environmental protection under the regime of the 1982 Law of the Sea (UNCLOS) with special reference to provisional measures of protection. Relevant normative standards of provisional measures of protection provided both in the 1982 UNCLOS and the Statute and Rules of the International Tribunal for the Law of the Sea (ITLOS) have been analyzed in light of the amendments which enlarge the scope of the norms in the process. In addition, the elements of all relevant norms are seperately indicated. Furthermore, the 1995 UN Fish Stocks Agreement (FSA), including its conservation and dispute settlement regimes, and the Permanent Court of Arbitration (PCA) Optional Environmental Arbitration Rules (OEAR) of 2001 and 2010 have also been examined.
