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Conference Papers

Vol. 32 No. 1 (2026)

Ocean observation paradox: UNCLOS, climate change and the future plastics treaty

Submitted
June 11, 2026
Published
2026-06-12

Abstract

This paper explores the ocean observation paradox undermining global marine plastic governance. While the 2024 ITLOS Climate  Change Advisory Opinion affirms a stringent due diligence obligation under UNCLOS Part XII to monitor transboundary pollution according to best available science, UNCLOS Part XIII structurally hinders these efforts. Continuous autonomous systems of ocean  observation are physically essential to monitor plastics across the ocean but remain structurally incompatible with rigid coastal State consent regimes in the EEZ. Resolving this jurisdictional friction requires carving out certain ocean monitoring activities from traditional Marine Scientific Research. The emerging Plastics Treaty could embed pragmatic, notification-based exemptions to operationalize the science necessary for effective environmental compliance and litigation.