UNCLOS carries various obligations relating to protection of the marine environment. States must take positive action to meet those obligations, going beyond reduction of pollution. Special protection must be afforded to vulnerable ecosystems, and this can involve the establishment of marine protected areas. The international community has committed to adoption of the ecosystem approach in various soft law instruments and it has, particularly come to feature in legal instruments of ocean management. Indeed, the future of the oceans depends on application of the ecosystem approach.

The judicial process of maritime delimitation is clearly established, and it pays little regard to ecological circumstances. However, a majority of maritime boundaries is negotiated, and States are free to depart from traditional judicial methods when agreeing on bilateral arrangements. An ecosystem approach to maritime delimitation could promote sustainable development and biodiversity within national jurisdiction, and even mitigate the adverse effects of climate change on the marine environment. It could provide a better basis for resource management and be an improvement on the sectoral approach.

UNCLOS articles 74 and 83 require that equitable solutions are achieved on the basis of international law. This entails an obligation to consider all relevant circumstances. Courts and tribunals traditionally delimit bilateral boundaries by delimiting an equidistance line and only adjust it by reference to relevant circumstances. Such circumstances primarily relate to coastal geography and the time of delimitation. However, judicial decisions can consider coastal instability, and complicated scientific evidence. This has allowed courts and tribunals to assess seasonal changes to ice sheets and access to fish stocks; the status of coastal features; and feasibility of potential base points. Indeed, foreseeable changes to coastal geography can affect the delimitation process to produce boundaries that are less dependent on particularly unstable coastal features. This can strengthen the link between fluctuating maritime limits and permanent boundaries and prevent invocation of the rebus sic stantibus principle. Foreseeable changes to coastal geography can affect the choice of base points or delimitation methods and lead to an adjustment of provisional boundaries.