Law in action: turning the tide on ocean protection

ClientEarth advocates for a shift from 'paper commitments' to legal action to address the ocean crisis. The briefing prioritises the enforcement of existing frameworks, such as the UN Convention on the Law of the Sea (UNCLOS) and the Kunming-Montreal Global Biodiversity Framework (GBF), to protect marine biodiversity and combat climate change. It specifically calls for the elimination of harmful fisheries subsidies, the banning of bottom trawling in marine protected areas (MPAs), and the ratification of the BBNJ Agreement to protect the high seas. The document also highlights the need for a 'Protection Principle' that makes ocean conservation the default norm and outlines specific legal priorities for the EU, Mediterranean, China, and the UK.

• The 'Protection Principle' is proposed as a shift in ocean governance to make protection the default norm and reverse the burden of proof from ocean defenders to those pursuing polluting or extractive activities.
• Many existing marine protected areas (MPAs) are 'paper parks' due to weak implementation and lack of enforcement, which undermines their conservation and socio-economic benefits.
• The International Tribunal for the Law of the Sea (ITLOS) issued an advisory opinion in May 2024 confirming that states have legal obligations under UNCLOS to reduce greenhouse gas emissions to protect the ocean, and that these obligations may exceed the requirements of the Paris Agreement.
• The BBNJ Agreement, adopted in June 2023 to protect the high seas, requires ratification by 60 Parties by 20 September 2025; however, as of publication, only 30 Parties have done so, including South Korea, Singapore, and the EU.
• Deep-sea mining is argued to be illegal under international law, specifically UNCLOS, unless it is proven that no significant harm to the marine environment will occur.
• Primary plastic production could account for up to 31% of the remaining global carbon budget for limiting warming to 1.5 degrees Celsius under business-as-usual scenarios, and up to 19% if production remains constant from 2025.
• The EU's Common Fisheries Policy (CFP) failed to meet the 2020 deadline to restore all harvested fish populations to levels capable of producing the maximum sustainable yield (MSY), a failure the Court of Justice of the European Union ruled in 2024 as illegal for all target stocks.
• The European Maritime and Aquaculture Fund (EMFAF) is criticised for failing to prioritise small-scale fishers, who represent 76% of the total EU fleet, and for channeling 5% to 12% of its annual funding into biodiversity-harming subsidies.
• In China, fossil-fuel subsidies for distant water fishing vessels were abolished in 2021, though some local provinces continue to issue subsidies for landing deep-sea products and upgrading vessels that conflict with the WTO Agreement on Fisheries Subsidies.
• Bottom trawling is reported to occur in up to 90% of UK marine protected areas, with a small number of vessels responsible for over 25% of this activity.

APA

ClientEarth (2025). Law in action: turning the tide on ocean protection. https://www.clientearth.org/media/qnrairml/clientearth-law-in-action-turning-the-tide-on-ocean-protection-june-2025.pdf

Chicago

ClientEarth. Law in action: turning the tide on ocean protection. 2025. https://www.clientearth.org/media/qnrairml/clientearth-law-in-action-turning-the-tide-on-ocean-protection-june-2025.pdf.

Wikipedia

{{cite report |author=ClientEarth |title=Law in action: turning the tide on ocean protection |date=June 2025 |url=https://www.clientearth.org/media/qnrairml/clientearth-law-in-action-turning-the-tide-on-ocean-protection-june-2025.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{clientearth2025law, author = {{ClientEarth}}, title = {{Law in action: turning the tide on ocean protection}}, institution = {ClientEarth}, year = {2025}, month = jun, url = {https://www.clientearth.org/media/qnrairml/clientearth-law-in-action-turning-the-tide-on-ocean-protection-june-2025.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }