Further Development of the Law of the Sea Convention in the Anthropocene Era: The Case of Anthropogenic Underwater Noise

Abstract

Anthropogenic underwater noise (AUN) is a growing concern for governments and international institutions around the world. This emerging issue signifies a rapid environmental change and raises questions about the applicability and effectiveness of current instruments. A key question to be addressed is whether the United Nations Convention on the Law of the Sea (UNCLOS) can address the challenges posed by AUN. While AUN is not explicitly mentioned in the UNCLOS, this article argues that some of its provisions are applicable to the problem. Part XII of the UNCLOS is proposed as a governing framework for protecting the marine environment from AUN. As a result, several options are presented to strengthen the regulation of AUN under the UNCLOS, including the adoption of a new implementing agreement, addressing AUN through the existing implementation agreement, and regulating through the rules of references.