Clause 10: An Unsustainable Development

Abstract

The 1982 United Nations Convention on the Law of the Sea (the Convention) codifies customary international law in respect of the oceans. Article 193 of the Convention places an obligation on States to protect and preserve the marine environment. The Exclusive Economic Zone and Extended Continental Shelf (Environmental Effects) Bill seeks to give effect to this obligation by establishing a consents regime in respect of activities in the EEZ and ECS. This paper argues that the concept of sustainable development at international law flows from the Convention and colours the interpretation of the purpose of the Bill in cl 10. However, the legal effect of this colouration is inconsequential. It is therefore contended that New Zealand is under no obligation to uphold the concept of sustainable development in the EEZ. Nevertheless, it is suggested that the Bill be amended in light of this concept so that New Zealand may better discharge its environmental obligations in the EEZ under the Convention. An appropriate solution would see the inclusion of sustainable development as an express purpose of the Bill.