Identifying sensitive marine areas in the South China Sea under international law

At the interface of law, science and policy, this study is centred on the scientific and technical criteria adopted for the identification of sensitive marine and coastal areas, the role of international law and the adequacy of scientific evidence. It uses the South China Sea (SCS) as a case-study the basis that it is (1) a regional sea which is not protected under any binding regional instrument -this makes international law particularly relevant for direct implementation; and (2) a regional sea whose resources are subjected to intense and often competing uses in a politically and ecologically sensitive environment -identification of sensitive marine areas therefore appear opportune. The identification of sensitive area necessarily precedes the choice of and designation of Marine Protected Areas and Area-Based Management Tools (ABMTs). It also precedes the question of the content of states’ obligation to protect and preserve the marine environment, which are outside the scope of this study. This study investigates the legal status of sensitive area criteria adopted under the auspices of intergovernmental processes but in often non-binding instruments and documents. It asks whether and how these sensitive area criteria may contribute to inform implementation of the obligation to protect and preserve the marine environment under international law.