Oceanic Transportation of Radioactive Materials: The Conflict Between the Law on the Seas' Right of Innocent Passage and Duty to the Marine Environment

Authors

Lawrence Marín

Abstract

This Note examines these conflicting doctrines within United Nations Convention on the Law of the Sea (UNCLOS): nations’ rights of passage and coastal states’ obligations to protect and preserve their marine environments. Once a historical background of the problem and the competing doctrines is established, the Note will describe the issue’s status quo. Specifically, this Note will analyze how international shipping of radioactive cargo has aggravated the contradiction between the right of innocent passage and the obligation to protect and preserve marine environments. Furthermore, the Note will explore the attempts of UNCLOS and other international agreements to resolve this problem as well as the reasons why these efforts are inadequate. Finally, this Note will consider suggestions that may resolve the conflict between these doctrines.

Recommended Citation

Marín, Lawrence (2001) "Oceanic Transportation of Radioactive Materials: The Conflict Between the Law on the Seas' Right of Innocent Passage and Duty to the Marine Environment," Florida Journal of International Law: Vol. 13: Iss. 3, Article 6.
Available at: https://scholarship.law.ufl.edu/fjil/vol13/iss3/6