Marine Ecosystem Bodies as Entangled Environments and Entangled Laws: Drones and the Marine Environment

The adoption of the 1982 UN Convention on the Law of the Sea (UNCLOS) and the steady development of international environmental law in the twentieth century shaped the marine environment as an object of legal protection. However, the exponential growth of substantive obligations to protect the marin...

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Main Authors: Gabriela Argüello, Matilda Arvidsson, Niels Krabbe
Format: Article
Language:English
Published: Cambridge University Press 2023-01-01
Series:AJIL Unbound
Online Access:https://www.cambridge.org/core/product/identifier/S2398772323000193/type/journal_article
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author Gabriela Argüello
Matilda Arvidsson
Niels Krabbe
author_facet Gabriela Argüello
Matilda Arvidsson
Niels Krabbe
author_sort Gabriela Argüello
collection DOAJ
description The adoption of the 1982 UN Convention on the Law of the Sea (UNCLOS) and the steady development of international environmental law in the twentieth century shaped the marine environment as an object of legal protection. However, the exponential growth of substantive obligations to protect the marine environment, conserve marine biodiversity, and prevent marine pollution, has been largely ineffective due to lack of enforcement. Unmanned aerial vehicles (UAVs) deployed for marine environmental protection are seen, in scholarship and policy, as a means to close the enforcement gap, thereby revolutionizing the field by significantly increasing states’ maritime awareness. In contrast, our tentative analysis shows that while UAVs can translate complex environmental concerns into data readily available for analysis and action, such datafication of marine environments comes with high risks. More specifically, datafication enables multiple uses of gathered data, including for surveillance, military, and commercial purposes. These concerns tend to fall outside current debates on the international regulation of the use of UAVs in marine environments. In our essay, we explore whether international law recognizes the possibilities and risks involved in deploying UAVs into the marine environment. We draw on doctrinal and posthuman feminist legal approaches to analyze how UAVs interact with the wider context of “marine ecosystem bodies” in terms of international law, as well as how those terms may need to be reconfigured to accommodate the complexity of the many actors, agents, and materials of marine ecosystems.
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spelling doaj.art-ef159bfada3148bab74f345025e32d972023-06-26T07:01:14ZengCambridge University PressAJIL Unbound2398-77232023-01-0111714515010.1017/aju.2023.19Marine Ecosystem Bodies as Entangled Environments and Entangled Laws: Drones and the Marine EnvironmentGabriela Argüello0Matilda Arvidsson1Niels Krabbe2Researcher in Environmental Law at the Department of Law, the University of Gothenburg, Gothenburg, Sweden.Associate Professor of International Law and Assistant Senior Lecturer in Jurisprudence at the Department of Law, the University of Gothenburg, Gothenburg, Sweden.Postdoctoral Fellow in International Law at the Department of Law, the University of Gothenburg, Gothenburg, Sweden.The adoption of the 1982 UN Convention on the Law of the Sea (UNCLOS) and the steady development of international environmental law in the twentieth century shaped the marine environment as an object of legal protection. However, the exponential growth of substantive obligations to protect the marine environment, conserve marine biodiversity, and prevent marine pollution, has been largely ineffective due to lack of enforcement. Unmanned aerial vehicles (UAVs) deployed for marine environmental protection are seen, in scholarship and policy, as a means to close the enforcement gap, thereby revolutionizing the field by significantly increasing states’ maritime awareness. In contrast, our tentative analysis shows that while UAVs can translate complex environmental concerns into data readily available for analysis and action, such datafication of marine environments comes with high risks. More specifically, datafication enables multiple uses of gathered data, including for surveillance, military, and commercial purposes. These concerns tend to fall outside current debates on the international regulation of the use of UAVs in marine environments. In our essay, we explore whether international law recognizes the possibilities and risks involved in deploying UAVs into the marine environment. We draw on doctrinal and posthuman feminist legal approaches to analyze how UAVs interact with the wider context of “marine ecosystem bodies” in terms of international law, as well as how those terms may need to be reconfigured to accommodate the complexity of the many actors, agents, and materials of marine ecosystems.https://www.cambridge.org/core/product/identifier/S2398772323000193/type/journal_article
spellingShingle Gabriela Argüello
Matilda Arvidsson
Niels Krabbe
Marine Ecosystem Bodies as Entangled Environments and Entangled Laws: Drones and the Marine Environment
AJIL Unbound
title Marine Ecosystem Bodies as Entangled Environments and Entangled Laws: Drones and the Marine Environment
title_full Marine Ecosystem Bodies as Entangled Environments and Entangled Laws: Drones and the Marine Environment
title_fullStr Marine Ecosystem Bodies as Entangled Environments and Entangled Laws: Drones and the Marine Environment
title_full_unstemmed Marine Ecosystem Bodies as Entangled Environments and Entangled Laws: Drones and the Marine Environment
title_short Marine Ecosystem Bodies as Entangled Environments and Entangled Laws: Drones and the Marine Environment
title_sort marine ecosystem bodies as entangled environments and entangled laws drones and the marine environment
url https://www.cambridge.org/core/product/identifier/S2398772323000193/type/journal_article
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AT nielskrabbe marineecosystembodiesasentangledenvironmentsandentangledlawsdronesandthemarineenvironment