This chapter investigates the interaction between China, under the guidance of the principle of ‘ecological civilization’, and international environmental law through case studies on two selected issue areas that are at the forefront of future international environmental lawmaking: biodiversity conservation and global ocean governance. The chapter first examines China’s legal efforts on biodiversity conservation. Given that China hosted for the first time the Convention on Biological Diversity’s 15th Conference of the Parties in 2021 and 2022, the chapter pays particular attention to China’s role in the negotiation of the Kunming-Montreal Global Biodiversity Framework – ‘a new global biodiversity framework to guide actions worldwide through 2030, in order to preserve and protect nature and its essential services to people’. The chapter then focusses on China’s participation in two of the latest negotiations of global ocean governance – biodiversity in areas beyond national jurisdiction (BBNJ) and the Mining Code in the deep seabed. It concludes with some suggestions regarding how China could possibly act towards a desirable future for a thriving planet for nature and human beings.

This chapter provides a brief overview of the international law relating to liability for environmental damage, and identifies, on a preliminary basis, potential issues arising in developing and applying liability rules in respect of environmental damage in areas beyond national jurisdiction (ABNJ). The chapter provides an overview of the current legal and institutional arrangements governing the ABNJ that are the focus of the book -- Antarctica, the deep seabed and the high seas – as well as highlighting some of the environmental risks posed to these areas by current and prospective activities.

The law of the sea, one of the oldest areas of international law, is now substantially codified in the 1982 United Nations Convention on the Law of the Sea (‘UNCLOS’), the ‘constitution for the oceans’. UNCLOS ushered in the modern law of the sea, providing a comprehensive regime for maritime zones, navigational rights and freedoms, fishing and other uses of the world’s oceans that cover approximately 70% of the Earth’s surface. As an island country with extensive maritime zones, Australia has a major stake in the law of the sea and has been actively involved in its development and implementation. Australia was one of the original signatories to UNCLOS and ratified it in 1994, the year it entered into force generally. The central issues of concern for the law of the sea have traditionally been the extent of maritime jurisdiction and navigational rights. However, a much broader range of matters is addressed in contemporary law and practice, from sustainable fisheries management through to mining of the deep seabed beyond national jurisdiction. There are also major new challenges on the horizon – none more so than climate change.

This chapter will examine rules governing marine spaces beyond the limits of national jurisdiction, namely, the high seas and the Area. The high seas are essentially characterised by the principle of freedom of the seas, and order in the high seas is ensured primarily by the flag State. Thus, the principle of the exclusive jurisdiction of the flag State and its exceptions are key issues underlying international law governing the high seas. However, the Area is governed by the principle of the common heritage of mankind. This principle is innovative because it may bring new viewpoints beyond the State-to-State perspective in the law of the sea. Against that background, this chapter will discuss in particular the following issues: (1) the principle of freedom of the high seas, (2) the principle of the exclusive jurisdiction of the high seas, (3) the problems associated with flags of convenience, (4) the peacetime exceptions to the principle of the exclusive jurisdiction of the flag State on the high seas, (5) the raison dtre of the principle of the common heritage of mankind, and (6) the 1994 Implementation Agreement

After a sketch of the history of the law of the sea and the traditional freedoms of the sea, this chapter discusses the various efforts to codify the law of the sea during the twentieth century, which culminated in the adoption of UNCLOS in 1982. Subsequently, the chapter examines the legal regimes governing the various maritime zones, as well as two international areas: the high seas and the Area. The chapter then takes up thematic issues in the law of the sea, namely the delimitation of maritime boundaries, the protection of the marine environment, the special interests of developing countries, and the system for the settlement of law of the sea disputes. The chapter concludes by noting that, despite the relatively comprehensive scope of UNCLOS, a number of new challenges have arisen with respect to the law of the sea, especially as a result of human-driven climate change.

After a sketch of the history of the law of the sea and the traditional freedoms of the sea, this chapter discusses the various efforts to codify the law of the sea during the twentieth century, which culminated in the adoption of UNCLOS in 1982. Subsequently, the chapter examines the legal regimes governing the various maritime zones, as well as two international areas: the high seas and the Area. The chapter then takes up thematic issues in the law of the sea, namely the delimitation of maritime boundaries, the protection of the marine environment, the special interests of developing countries, and the system for the settlement of law of the sea disputes. The chapter concludes by noting that, despite the relatively comprehensive scope of UNCLOS, a number of new challenges have arisen with respect to the law of the sea, especially as a result of human-driven climate change.

The laws of war, as expounded by Grotius, resulted from an interplay of natural law and the voluntary law (or law of nations), which was a customary law based on state practice.Important ways in which the voluntary law departed from natural law were in according equal rights to belligerents in war, without regard to the justices of the respective causes.The predominant principle governing the conduct of war was necessity, which had both a permissive and a restrictive character.Grotius was a firm supporter of moderation in the exercise of the rights of belligerency.This worked particularly to the benefit of civilians and prisoners of war.He insisted that principles of good faith must operate in war, so that perfidious acts were prohibited, though ordinary ruses of war were allowed.The voluntary law, to Grotius, allowed the unlimited taking of property belonging to enemy nationals.Grotius also gave careful attention to modern concerns such as targeted killing.An important contributions was to lay the groundwork for the law of neutrality, setting out rules on the treatment of neutral-owned property in war and on the treatment of enemy-owned property in the custody of neutrals.

The chapter covers the intensive diplomacy related to whaling, one of the central campaigns the League was leading. As technological developments in the field of whaling rapidly increased, scientists became concerned that whales were about to become extinct. The League became the center for a fierce battle between whaling powers (who were reluctant to accept any external intervention in “their” profitable industries) and scientific associations and “neutral” voices (who urged the League to prevent a version of the tragedy of the commons on the high seas).

This chapter compares the negotiations and proposals for the first international whaling conventions, in order to control the boom in whaling expeditions. These had begun to travel farther and farther in the oceans, bringing the species to the brink of historical disaster.

The story of interwar whaling follows on the consideration of maritime pollution (covered in Chapter I). As both of these case studies entangled in the webs of waves, seas, and international law, it seems as they should follow each other, as they depict a certain sense of water security. Based on both chapters together, one can interpret the ways in which the League and other participants saw the sea as a legal world.

Issues of governance arising in areas beyond national jurisdiction are rising rapidly as priority concerns. In thinking about institutional architectures for these areas, it is helpful to subdivide this class of issues into three subcategories dealing with: (i) international spaces or areas easy to locate in spatial terms; (ii) earth systems that play critical roles in determining the habitability of the planet; and (iii) virtual systems that are increasingly important but difficult to locate in spatial terms. Focusing on one prominent example exemplifying each of these subcategories – the high seas, the earth’s climate system and cyberspace – this chapter seeks to identify lessons of general interest regarding the governance of areas beyond national jurisdiction. It directs attention to the importance of process in contrast to substance, the role of discursive embeddedness, and the importance of balancing stability and agility in a world featuring increasingly complex systems.

After the Torrey Canyon tanker disaster off the English coast in 1967, when the UK Government invoked necessity for the purpose of justifying protective conduct that infringed on the rights of another state, the community of states started deliberations on a special emergency treaty regime for maritime casualties that led to the Intervention Convention. This chapter analyses this framework as a prototypical special regime for emergency situations in order to deduct lessons for a possible cyber emergency treaty.