In the context of increasing pressure to decisively address the issue of GHG emissions from shipping, this Chapter examines the relevance and fitness for purpose of UNCLOS as a framework for ongoing efforts to tackle this issue. Considering the time when it was negotiated, it should come as no surprise that the Convention makes no express reference to climate change. This does not mean that UNCLOS has no role to play. The Chapter examines the Convention’s definition of ’marine pollution’, general provisions such as Articles 192 and 194 as well as the Convention provisions on flag, coastal and port State jurisdiction. The main conclusion is that UNCLOS is adequately placed to fulfil its designated function as a constitution for the oceans, but its provisions must be complemented by more detailed technical rules. In line with UNCLOS, these measures also need to be systemically integrated with the wider international environmental law framework.

Apart from depleting global marine resources, illegal fishing affects the economies and societies of many developing coastal states. They are often not in a position to police the maritime zones that are under their jurisdiction, such as their exclusive economic zone, and to enforce their fisheries regulations adequately. The persons who organise these illegal fishing operations, such as the operators and owners of vessels, often use flags of convenience and take advantage of the weak legal systems of flag States and coastal States. In this chapter it is argued that, in addition to coastal, port and flag States, the States of which such owners and operators are nationals also have a role to fulfil in the fight against illegal fishing.