International Law Overview
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Questions and Answers

What are the three main components of the Convention on Biological Diversity's objective?

  • The protection of marine environments from pollution, the sustainable use of coastal resources, and the development of new technologies for the utilization of genetic resources.
  • The protection of marine environments from pollution, the sustainable use of coastal resources, and the fair and equitable sharing of the benefits arising out of the utilization of genetic resources.
  • The conservation of biological diversity, the sustainable use of its components, and the development of new technologies for the utilization of genetic resources.
  • The conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of the benefits arising out of the utilization of genetic resources. (correct)
  • The 1992 Rio Declaration is a legally binding document.

    False (B)

    What is the main objective of the Marine Strategy Framework Directive (MSFD)?

    The main objective of the MSFD is to achieve Good Environmental Status (GES) of the EU's maritime waters by 2020.

    What is the main difference between the Kyoto Protocol and the Paris Agreement in terms of their approach to climate change?

    <p>The Kyoto Protocol took a top-down approach, while the Paris Agreement adopted a bottom-up approach. (D)</p> Signup and view all the answers

    Which of the following is NOT a characteristic of a public good?

    <p>Rivalry (C)</p> Signup and view all the answers

    Explain the concept of the 'prisoner's dilemma' in the context of climate change.

    <p>The 'prisoner's dilemma' illustrates the challenges of international cooperation in addressing climate change. It suggests that countries may be tempted to prioritize their own short-term economic interests, even if this leads to a worse outcome for everyone in the long run. This is because individual countries might be reluctant to take action to reduce emissions if they fear that other countries will not follow suit.</p> Signup and view all the answers

    The UNCLOS treaty considers coastal zones as a single entity that should be managed holistically.

    <p>True (A)</p> Signup and view all the answers

    What is the main purpose of the Madrid Protocol?

    <p>To define coastal zones in the Mediterranean Sea. (B)</p> Signup and view all the answers

    What does the term 'integrated management' refer to in the context of coastal zones?

    <p>Integrated management refers to an approach that considers all aspects of a coastal zone, including its land and sea components, and aims to address conflicts among different stakeholders and activities. It involves a holistic approach that considers the economic, social, environmental, and ecological dimensions of coastal zones.</p> Signup and view all the answers

    The 'polluter pays' principle is a core element of sustainable development.

    <p>True (A)</p> Signup and view all the answers

    Which international convention focuses on the protection of the Mediterranean Sea?

    <p>The Barcelona Convention (C)</p> Signup and view all the answers

    What are the key principles that guide sustainable development in coastal areas?

    <p>The key principles that guide sustainable development in coastal areas include: no-build strip, urban development break, free access to the sea and along the shoreline, supervision of economic activities, and land policy. These principles aim to balance the different needs and interests within coastal zones, ensuring that economic development does not come at the expense of the environment.</p> Signup and view all the answers

    Which of the following is a key element of the ICZM approach?

    <p>The integration of all sectors of activities affecting the coastal zone. (C)</p> Signup and view all the answers

    The UNCLOS treaty provides detailed regulations on the management of the 'Area' (international seabed and ocean floor).

    <p>True (A)</p> Signup and view all the answers

    What is the objective of the 1992 Convention on Biological Diversity?

    <p>The conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising out of the utilization of genetic resources.</p> Signup and view all the answers

    Which of these agreements is not a binding legal instrument?

    <p>1992 Rio Declaration (C)</p> Signup and view all the answers

    The 1994 UNFCCC's Kyoto Protocol adopted a bottom-up approach to climate change mitigation.

    <p>False (B)</p> Signup and view all the answers

    What is the term used for a situation where a member of a group enjoys benefits without contributing?

    <p>Free rider phenomenon</p> Signup and view all the answers

    What are the three main bodies that typically comprise a "quasi-international-organisation" within a framework umbrella treaty?

    <p>Decision-making body, Scientific body, and Administrative body.</p> Signup and view all the answers

    Which of the following is NOT considered a strength of the multilateral environmental agreement process?

    <p>Allows for quick and decisive actions (C)</p> Signup and view all the answers

    What is the primary purpose of the 1994 United Nations Framework Convention on Climate Change (UNFCCC)?

    <p>To prevent dangerous human interference with the climate system.</p> Signup and view all the answers

    What is the primary difference between the Kyoto Protocol and the Paris Agreement in terms of approach?

    <p>The Kyoto Protocol adopted a top-down approach with specific targets for developed countries, while the Paris Agreement uses a bottom-up approach where countries set their own national contributions.</p> Signup and view all the answers

    The Madrid Protocol on ICZM in the Mediterranean provides a true legally binding definition of coastal zones.

    <p>False (B)</p> Signup and view all the answers

    Why is it challenging to regulate GHG emissions and combat climate change?

    <p>The tragedy of the commons and the free-rider phenomenon make it difficult to ensure cooperation and compliance with regulations. Countries are often motivated by short-term economic interests and may not prioritize global public goods like climate protection.</p> Signup and view all the answers

    What is the highest decision-making body within the UNFCCC?

    <p>Conference of the Parties (COP)</p> Signup and view all the answers

    What is the key difference between a treaty and a political declaration in terms of international law?

    <p>A treaty is a legally binding agreement that requires formal consent from states, while a political declaration is a non-binding statement that does not obligate states in the same way.</p> Signup and view all the answers

    Which of the following is NOT a key element of a sustainable development approach for coastal zone management?

    <p>Development of high-rise buildings on the shoreline (B)</p> Signup and view all the answers

    What is the primary focus of the "soft law" instruments outlined in the document?

    <p>The &quot;soft law&quot; instruments primarily focus on seeking non-binding commitments from states to address environmental issues, relying more on political will and consensus-building than legal enforcement.</p> Signup and view all the answers

    The Rio Declaration of 1992 asserts that environmental protection is a fundamental aspect of sustainable development and should be addressed in conjunction with other development goals.

    <p>True (A)</p> Signup and view all the answers

    What are the three key perspectives of integrating coastal zone management?

    <p>Spatial integration, Temporal integration, and Thematic/horizontal integration.</p> Signup and view all the answers

    What is a major challenge in implementing ICZM?

    <p>One major challenge is to ensure that the various stakeholders involved in coastal zone management, including government agencies, economic actors, businesses, and local communities, are adequately represented and participate in a collaborative decision-making process.</p> Signup and view all the answers

    What key principle is highlighted in Article 6 of the Barcelona Convention regarding coastal zone management?

    <p>Article 6 emphasizes that the coastal zone should be treated as a single entity, necessitating a holistic approach to management that considers the interconnectedness of various aspects and activities.</p> Signup and view all the answers

    The Barcelona Convention emphasizes that the coastal zone should be approached from a sectoral perspective.

    <p>False (B)</p> Signup and view all the answers

    What role does Article 14 of the Barcelona Convention play in ICZM?

    <p>Article 14 of the Barcelona Convention focuses on ensuring appropriate involvement of stakeholders during all stages of the ICZM decision-making process, from formulation to implementation.</p> Signup and view all the answers

    What is the main goal of Article 8 of the Barcelona Convention in relation to coastal zone management?

    <p>Article 8 aims to protect and promote the sustainable use of the coastal zone, particularly by setting restrictions on new construction within 100 meters of the shoreline and encouraging a balanced approach to development that considers both conservation and economic development.</p> Signup and view all the answers

    What are the primary principles used to guide environmental protection in the context of the Barcelona Convention?

    <p>The primary principles are the precautionary principle, the polluter pays principle, and the sustainable use of resources.</p> Signup and view all the answers

    What is the main purpose of the Madrid Protocol on ICZM in the Mediterranean?

    <p>The Madrid Protocol provides a framework for integrated coastal zone management in the Mediterranean, outlining specific legal and operational guidelines for managing coastal areas within that region.</p> Signup and view all the answers

    How does the French government approach coastal zone management?

    <p>The French government has established a national strategy for the sea and coastal areas, implemented through the Conseil National de la Mer et des Littoraux (CNML), which coordinates and advises on regional coastal management plans.</p> Signup and view all the answers

    The principle of "common but differentiated responsibilities" implies that all countries bear equal responsibility for addressing environmental issues.

    <p>False (B)</p> Signup and view all the answers

    Why is it challenging to enforce international regulations for fishing activities in the EEZ?

    <p>It can be challenging to enforce international regulations for fishing activities in the EEZ due to factors such as vast areas, limited resources, and potential difficulties in monitoring compliance from ships operating in the area.</p> Signup and view all the answers

    The concept of "common heritage of mankind" as applied to the international seabed (also known as The Area) includes the protection of marine living resources.

    <p>False (B)</p> Signup and view all the answers

    What is the role of the International Seabed Authority (ISA)?

    <p>The International Seabed Authority (ISA) is responsible for regulating and managing the resources and environmental protection of The Area, the international seabed beyond the limits of national jurisdiction.</p> Signup and view all the answers

    What is the primary focus of the 1952 General Fisheries Commission for the Mediterranean (GFCM)?

    <p>GFCM focuses on promoting the conservation and sustainable use of living marine resources in the Mediterranean Sea, seeking to address long-term management and ecological sustainability.</p> Signup and view all the answers

    What is the main goal of the Agreement on Port State Measures (2009)?

    <p>The Agreement aims to address illegal, unreported, and unregulated (IUU) fishing by requiring port states to strengthen controls and inspections of vessels entering their ports, ultimately helping to combat illegal fishing activities.</p> Signup and view all the answers

    The term "MPA" is a synonym for "no-take zone."

    <p>False (B)</p> Signup and view all the answers

    What is the overarching purpose of specially protected areas?

    <p>Specially protected areas are designated to protect and conserve specific marine ecosystems, habitats, and processes, contributing to the long-term health and resilience of marine biodiversity.</p> Signup and view all the answers

    The 1992 Convention on Biological Diversity prioritizes ex-situ conservation over in-situ conservation.

    <p>False (B)</p> Signup and view all the answers

    What is the main goal of the Convention on International Trade in Endangered Species (CITES)?

    <p>CITES aims to regulate international trade in endangered species, ensuring that trade does not threaten the survival of these species in the wild and promoting sustainable use.</p> Signup and view all the answers

    What is the primary purpose of the IUCN Red List of Endangered Species Assessment?

    <p>The IUCN Red List provides a comprehensive and scientifically rigorous evaluation of the conservation status of species, offering crucial information and guiding conservation efforts.</p> Signup and view all the answers

    Flashcards

    UNCLOS (1982)

    UN Convention on the Law of the Sea. A treaty that sets the legal framework for activities in the world's oceans, including territorial limits, resource rights, and pollution.

    Vienna Convention on the Law of Treaties (1969)

    International agreement that sets rules governing how treaties between states are created, interpreted, and enforced.

    Barcelona Convention (1976)

    Regional agreement protecting the Mediterranean Sea from pollution, focusing on marine and coastal areas.

    Convention on Biological Diversity (1992)

    International treaty aiming to conserve biological diversity, sustainably use its components, and fairly share benefits from genetic resources.

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    Rio Declaration (1992)

    Non-binding declaration emphasizing commitments to environmental protection as an integral part of sustainable development.

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    UNFCCC (1994)

    United Nations Framework Convention on Climate Change. Aims to stabilize greenhouse gas concentrations to prevent dangerous anthropogenic interference with the climate system.

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    Madrid Protocol (2008)

    Agreement focusing on Integrated Coastal Zone Management (ICZM) in the Mediterranean, defining coastal zones but not providing a legal definition in strict terms.

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    Paris Agreement (2016)

    International treaty addressing climate change with a bottom-up approach, setting individual country targets.

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    International Law

    A body of rules that govern the relations between states and other international actors.

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    Treaty

    A legally binding agreement between two or more states, created per the Vienna Convention.

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    Custom

    A general practice followed by states over time, which they consider legally binding.

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    General Principle of Law

    Principles existing in national legal systems that have been incorporated into international law.

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    Unilateral Act

    A state's action that, under specific circumstances, commits a state to certain obligations, often reciprocal.

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    Integrated Coastal Zone Management (ICZM)

    Management approach considering all factors influencing coastal areas (e.g., ecological, economic, social) to achieve sustainable development.

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    Coastal Zone

    The area of land and water that interacts with the ocean, often with complex issues and a lot of uses.

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    Soft Law

    Legal instruments that are not legally binding but exert significant political pressure.

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    National Determined Contributions (NDCs)

    Individual targets, pledged by countries, to reduce greenhouse gas emissions under the Paris Agreement.

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    EU Directives

    EU laws that set goals and deadlines for the EU Member States to follow.

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    EU Regulations

    Binding EU laws directly applicable in all member states.

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    What are the main characteristics of a global public good?

    A global public good has two main features: non-rivalry, meaning that one person's consumption does not reduce the amount available for others, and non-exclusivity, where it's impossible or very costly to prevent someone from enjoying the good.

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    Prisoner's Dilemma

    A situation where two individuals acting in their own self-interest, even if they cooperate, end up with a worse outcome than if they had cooperated.

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    Free Rider Problem

    Individuals benefit from a good or service, yet contribute little to its production or provision.

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    Empty Shell Treaty

    A treaty that creates binding norms, but lacks the specific provisions for states to be bound by those obligations.

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    Framework Umbrella Treaty

    A treaty that establishes a broad legal framework for a particular issue and then creates institutions to negotiate and develop more specific norms.

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    Why is international cooperation important for climate change?

    International cooperation is essential for tackling climate change because it's a global problem, and individual countries acting alone are unlikely to achieve significant reductions in greenhouse gas emissions.

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    COP, CMP, CMA

    These are different meetings or conferences under the UNFCCC framework: COP (Conference of the Parties) is the main decision-making body. CMP (Meeting of the Parties) deals specifically with the Kyoto Protocol. CMA (Meeting of the Parties to the Paris Agreement) focuses on the Paris Agreement.

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    What are the strengths and limitations of the UNFCCC process?

    Strengths include a step-by-step approach, promoting consensus, and providing scientific information. Limitations include being time-consuming and struggling to achieve concrete commitments quickly.

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    What types of international law exist?

    There are 4 types of international law: treaties, customs, general principles of law, and unilateral acts.

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    What is ICZM and why is it important?

    Integrated Coastal Zone Management (ICZM) is an approach that considers all factors influencing coastal areas (e.g., ecological, economic, social) to achieve sustainable development. It's crucial because coastal areas are vital for many economic activities and are vulnerable to environmental threats.

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    Explain the importance of a holistic approach in ICZM.

    A holistic approach in ICZM means considering the coastal area as a whole, encompassing all the interactions between land, water, and human activities. It helps to address complex coastal issues effectively.

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    What are the 5 stages of the ICZM cycle?

    The ICZM cycle includes data collection, planning, decision-making, implementation, and monitoring. This cycle is continuous, ensuring adaptive and effective management.

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    What are the three perspectives of integration in ICZM?

    Integration in ICZM involves spatial integration (land and sea), temporal integration (considering future generations), and thematic integration (encompassing all relevant sectors and activities).

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    What is a “no build strip” and why is it important?

    A no-build strip is a buffer zone along the coastline where new construction is prohibited. It helps protect coastal ecosystems and reduce risks from erosion.

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    What are the key elements of decision-making in the ICZM?

    ICZM decision-making involves participation from various stakeholders, including local communities, businesses, NGOs, and the public.

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    What are the 7 different zones of the ocean?

    The seven different zones are internal waters, territorial sea, contiguous zone, exclusive economic zone (EEZ), continental shelf, high seas, and the “area” of the international seabed.

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    What is the right of innocent passage?

    The right of innocent passage allows ships of all nations to sail through the territorial sea of another country without permission, as long as their activities are not harmful or threatening.

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    What is the continental shelf in international law?

    The continental shelf is the submarine extension of a country's land territory. It is not part of the high seas, and the coastal state has sovereign rights for exploring and exploiting its natural resources.

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    What is the 'area' in international law?

    The 'area' refers to the seabed and the ocean floor and subsoil thereof beyond the limits of national jurisdiction. It is considered the common heritage of mankind.

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    What is the precautionary principle?

    The precautionary principle states that when there is scientific uncertainty about the potential harm of an activity, it's better to take action to prevent the harm than to wait for conclusive proof.

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    Explain the polluter pays principle.

    The polluter pays principle means that those who pollute are responsible for the costs associated with the pollution, including cleanup and damage.

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    What is the principle of common but differentiated responsibilities?

    This principle recognizes that all states share the responsibility for environmental protection, but acknowledges that different states have varying abilities and contributions to environmental problems.

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    What is the ecosystem approach to managing marine resources?

    The ecosystem approach considers the interactions between all living organisms and their environment. It aims to manage marine resources in a way that protects the overall health and integrity of the ecosystem.

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    What is the difference between UNCLOS and the Barcelona Convention?

    UNCLOS sets a global framework for regulating activities at sea, while the Barcelona Convention focuses on protecting the Mediterranean Sea specifically.

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    What are the key features of modern environmental protection treaties?

    Modern treaties often include the precautionary and polluter pays principles, shift from pollution prevention to ecosystem protection, and adopt reporting and compliance procedures.

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    How does UNCLOS address the conservation of marine living resources?

    UNCLOS outlines general obligations for coastal states to conserve marine living resources within their territorial waters, EEZs, and the high seas.

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    How does UNCLOS regulate fishing activities in the EEZs?

    Coastal states have sovereign rights over the exploitation of living resources in their EEZs, allowing them to regulate fishing activities and limit access to foreign vessels.

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    What are the main challenges in managing marine living resources?

    Challenges include overfishing, bycatch, habitat destruction, and the transboundary nature of fish stocks, requiring international cooperation.

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    What is the role of the International Seabed Authority?

    The ISA is responsible for regulating activities in the 'area' of international seabed, including mining and exploration, and protecting the marine environment.

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    Study Notes

    Laws Overview

    • Laws regulate treaties among sovereign states.
    • International agreements, like the UNCLOS and the Vienna Convention, don't always establish binding commitments due to the lack of systemic sanctions.
    • Regional agreements, such as the Barcelona Convention, focus on protecting specific areas, like the Mediterranean.
    • The 1992 Rio Convention on Biological Diversity aims for the conservation and sustainable use of biological diversity and equitable sharing of benefits.
    • The 1992 Rio Declaration is an important commitment, but not a legally binding instrument.
    • The 1994 UNFCCC and its Kyoto Protocol aim to prevent dangerous human interference with the climate system, with less precise common objectives, but precise individual commitments.
    • The 2008 Madrid Protocol was adopted by the Barcelona Convention to define coastal zones in the Mediterranean.
    • The 2016 Paris Agreement establishes a common objective to control global warming, but, with less precise individual commitments than the Kyoto Protocol.
    • The 2023 Antananivo Protocol addresses coastal zone management in the Western Indian Ocean.

    International Law

    • Four types of international law exist, including treaty, custom, general principles, and unilateral acts.
    • Treaties are agreements between states, binding only to those that ratify them.
    • Customary international law involves consistent state practice and opinio juris (the belief the practice is legally required).
    • General principles of law come from national legal systems.
    • Unilateral acts are actions by a state that create obligations.

    National Laws in France

    • Laws to protect marine environments are politically oriented in EU nations, following EU directives.
    • In France, the maritime prefect represents the president locally, and the French state is represented at various levels (national, regional, and local).
    • Different agencies, such as the French biodiversity agency and water agencies, are responsible for managing and maintaining the French coastal zone.

    EU Laws

    • The EU commission has two main directions: DG ENV (Environment) and DG MARE (Maritime affairs and fisheries).
    • EU implements regulations and directives that apply across all EU nations.
    • Importantly, the 1991 Nitrate directive aims to improve water quality, while the 2008 Marine Strategy Framework Directive (MSFD) aims to achieve good environmental status of the EU's maritime waters by 2020.

    Climate Law

    • Climate change is a global public good with difficulty in regulation.
    • Prisoner's dilemma illustrates consequences of lack of cooperation in managing a global public good.
    • Free-rider phenomenon describes a situation where some benefit from a public good without contributing.
    • Various international agreements, including the UNFCCC, focus on addressing climate change, but not all developed countries or organizations have ratified all agreements.
    • The Kyoto Protocol set specific reduction targets, while the Paris Agreement prioritizes common objectives.

    ICZM Management

    • ICZM (Integrated Coastal Zone Management) includes land and marine territory, and aims to collectively manage coastal zones and reduce pollution.
    • Demographic pressure and density of economic activities lead to overexploitation of resources.
    • Key frameworks for managing coastal zones, including multiple governance structures and existing laws (wastewater, land-use, planning, and tourism regulations), exist and need to carefully address issues in adjacent environments.
    • Coastal zones are highly vulnerable to climate risks.
    • There is an array of national and international agreements supporting the establishment of ICZM management principles.

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    Description

    This quiz covers the essential points of international laws regulating treaties among sovereign states. It examines important agreements such as the UNCLOS, Kyoto Protocol, and Paris Agreement, highlighting their goals, commitments, and implications for environmental protection. Test your knowledge on the way these laws shape global cooperation and sustainability efforts.

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