International law
holds considerable
relevance
for
the introduction of noise
into the
marine
environment. The nature
and location of
the
activities
that
produce
noise,
the
nature
of
underwater
noise, and the
nature
and distribution
of the
species
affected
by noise
are
all reasons substantiating the
role
of international
law.
Many activities that
generate
noise
in
the
marine
environment are
international or
transboundary in nature,
for instance,
shipping.
The
competence of a
state
to adopt measures
to protect marine
species
from noise caused by such activities
is
circumscribed by
international law.
A
coastal
state
can only enact
laws
and
regulations such that they
do
not
unnecessarily restrict the internationally recognized rights
of
other states,
e.g.,
innocent
passage of foreign vessels in the territorial
sea. Noise-creating
activities
are also
conducted in areas
outside
national
jurisdiction,
or
within the
jurisdiction of more
than
one
state. In those
cases,
international cooperation and agreements are
needed to regulate
these
activities
and coordinate
national efforts.
In this respect, noise
is
no different
from any other
human activity that negatively affects
the
marine
environment.
Even when an activity
is
not of
an international nature,
noise
emissions
can have
significant transboundary impacts.
Sound is
transmitted efficiently through water and
quite
often
can
be
heard far from
its
source
of
origin.
Thus,
noise
produced
within
one
state’s waters can have
impacts
beyond its boundaries,
a
situation
that might require
concerted
action by states.
A
third reason why international
law
is relevant
relates to species
that
might be
affected by
noise. These
species might only be
temporarily
within national jurisdiction
(e.g.,
they
can
migrate between two or
more states),
or
they could reside
temporarily
or
entirely beyond
national jurisdiction. Many
potentially affected species
migrate
over
large
distances,
and measures adopted by one
state
would be
ineffective if
similar
measures
were
not also adopted by other states. For
species
that reside
temporarily or
entirely
outside
national jurisdiction,
international regulation assumes
particular relevance.
Such species can only be protected from
threats posed to them
if
all states involved
cooperate and accept measures
to reduce these
threats.
International cooperation might also be
needed to study
the
effects
of
noise on
marine
species and to compare
results, to exchange
experiences concerning national
mitigation
measures, to harmonize national laws
and regulations, or
to provide
technical
or
financial support.