Oil Pollution And The Dynamic Relationship Between International Environmental Law And The Law Of The Sea

Abstract

INTRODUCTION William Wordsworth wrote, 'Ocean is a mighty harmonist.' 1 If that is the case, the question arises why the legal regime that regulates the ocean and its pollution seems so fragmented. This Article examines the relationship between international environmental law and the law of the sea in the context of trying to address the problem of oil pollution in a coherent manner. Both branches of international law share a common goal, yet their relationship is inherently complex. Starting with a brief synopsis of international environmental law and the law of the sea, this Article then explores the ways these two branches interact in a dynamic manner. Indeed, these branches do not operate in isolation, but rather help shape one another. The Article continues by identifying the situations where international environmental law and the law of the sea conflict, primarily in the provisions contained in international and regional conventions, which leads to a multifaceted legal framework that is difficult to follow in a coherent manner. In these cases, pursuing the rules of one regime could mean breaching provisions and goals of the other. This Article concludes with a case study on oil-spill pollution cases, which demonstrates how these two branches simultaneously conflict and complement each other. This Article fits within a larger project that explores the nature of international law as unitary or fragmented. 2 The field of international law--the law regulating the activities of states and international organizations-often is taught and thought of as ...