Legal Frameworks for the Protection of Marine Animals: Challenges and Innovations

Introduction

The ocean occupies more than 70% of Earth's surface coverage. Since its vast, diverse, and productive ecosystems promote biodiversity and human livelihood, such threats as pollution, overfishing, and climate changes jeopardize even the mere presence of marine life, as well as perpetuating ecological imbalances with resulting loss of livelihoods. Betterment of conditions with international and local efforts doesn't mean the challenges in form of a lack of enforcement by laws or climate impacts cease to continue. It continues to combine legal frameworks, new technology, and methods of conservation. However, increased global commitment remains essential for sustainability in ocean health and ecosystem stability.

International legal frameworks

1. Convention on the Law of the Sea of the United Nations (UNCLOS)

UNCLOS is an international convention adopted in 1982. To date, it has emerged as the primary treaty establishing the global ocean and sea. UNCLOS determines and provides a legal framework on the conservation and sustainable use of marine resources. Notably, under Article 61, the state is expected to ensure the maintenance of living resources of the exclusive economic zone by being sustained. However, enforcement leaves it as one of the greatest challenges because many states do not have the ability or willingness to effectively monitor and manage their marine resources.

2. Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)

It plays a very important role in regulating the international trade in endangered species, including the marine ones like sea turtles, sharks, and corals, and categorizes species under three appendices according to their status of survival. Non-compliance with the law and the existence of a feeble mechanism to enforce regulations are responsible for making the efforts of CITES relatively unproductive. According to recent studies, an amount equivalent to 70% of catches from worldwide shark fisheries go unreported. Figures of this kind prove hard for the application of sustainable exploitation of species. UNEP, 2020

3. Convention on Biological Diversity (CBD)

The CBD was created in 1992 to advance the attainment of sustainable development through biodiversity conservation. Its Aichi Biodiversity Targets particularly include Target 11, calling for the establishment and effective management of marine protected areas (MPAs). However, globally, MPAs are not enough to cover the target. In 2021, only about 7.74% of the marine area was protected, which falls way short of the target set by the Global Biodiversity Framework at 30% (UN, 2022).

4. Australia's Environment Protection and Biodiversity Conservation Act (EPBC Act)

The EPBC Act is a piece of legislation that legally ensures threatened species, such as those in the marine. Significant projects that will likely interfere with marine biodiversity need an environmental assessment. However, despite its merits, one of the drawbacks critics associate with the act is its inadequacy regarding an assessment process for most scenarios. A 2022 review indicates that the act safeguards only 50% of the marine species (Commonwealth of Australia, 2022).

Regional Legal Frameworks

1. The European Union's Marine Strategy Framework Directive (MSFD)

MSFD sets goals to achieve Good Environmental Status (GES) in the waters of the European Union by 2020, hence safeguarding the marine environment of Europe. Member states must have a strategy in place concerning marine biodiversity, fish, eutrophication, and integrity of the sea floor. There is a wide discrepancy among the countries; quite a few member states still lag behind on their targets concerning GES.

2. The Caribbean Environment Programme (CEP)

The CEP tackles marine pollution and biodiversity in the Caribbean Sea by providing regional agreements that place their emphasis on the sustainable management of coastal and marine resources. However, regional activity centers support the implementation of the protocols, and poor funding, among other things like the lack of regional cooperation, slows the process down.

3. The Barcelona Convention for the Protection of the Mediterranean Sea

The Barcelona Convention aims to reduce pollution and protect the Mediterranean marine environment. It is its Protocol concerning Specially Protected Areas and Biological Diversity, which aims at conserving marine biodiversity. However, the challenge there is the enforcement, given that commitment levels vary by country within the Mediterranean region.

Domestic Law and Regulation

1. India's Wildlife Protection Act, 1972

India's Wildlife Protection Act has included marine species, particularly along the coast, in its protective provisions. The Act was successful in establishing marine sanctuaries, but enforcement becomes a problem due to unavailability of resources and consciousness in the community.

Problem Areas in Marine Animal Conservation

Certain problems in marine animal conservations are as follows : 

1. Jurisdictional Issues

Different marine animals move across borders constantly, thereby making enforcement of protection laws cumbersome. The lack of coordination between national laws complicates efforts for cohesive conservation strategies.

2. Weak Enforcement and Compliance

Many countries lack the capacity or political will to enforce marine protection laws effectively. Indeed, only 3% of the world's oceans are now protected by fully designated marine reserves (Nature Conservancy, 2023).

3. Climate Change and Ocean Acidification

These events rarely find any significance under the existing legal framework of climate change impacts upon the marine ecosystems. These repeatedly happening marine heatwaves along with ocean acidification influence marine biodiversity directly, putting in a grave need of expedited legal and policy measures.

4. Illegal, Unreported, and Unregulated (IUU) Fishing

IUU fishing threatens the success of conservation activities and jeopardizes marine species. The FAO projects that IUU fishing results in up to 26 million tons of fish caught each year, which translates to about 20% of global catches (FAO, 2022).

Innovations in Marine Animal Protection

1. Marine Protected Areas (MPAs)

MPAs have proved vital in the protection of marine biodiversity. Investigations carried out on no-take zones in MPAs have resulted in the recovery of fish stocks and enhanced the resistance of the ecosystem. In addition, the High Seas Treaty signed in 2023 forms a milestone for MPAs within international waters and constitutes a significant step forward.

2. Technological Innovations in Monitoring

Technological advancements, such as satellite monitoring, drones, and artificial intelligence, are some improvements that increase the possibility of monitoring marine activities, coupled with the implementation of enforcement of regulations. Ocean Mind uses satellite data in detecting illegal fishing in real-time, which gives space for prompt intervention.

3. Initiatives for Sustainable Fishing

The different schemes for eco-labeling such as the MSC help in promoting sustainable fishing. It certifies fisheries with a strict set of criteria on sustainability. Such schemes have gained popularity, where 15% of wild catch globally was certified sustainable in 2021 (MSC, 2021).

4. Climate Resilience Strategies

Emerging legal approaches focus on the integration of climate resilience into marine protection laws. It is notable that the essence of legislation in Florida and Australia in its attempt to bolster reef resilience against impacts of climate change is in a notable approach. This approach focuses much on adaptation as a strategy in managing conservation and climate at the same time.

Case Studies

1. The Whale Sanctuary Project

The Whale Sanctuary Project is creating sanctuaries for retired captive whales by providing a legal framework to protect and rehabilitate them. It breaks the precedence in the area of recognizing animal rights and welfare legally, which opposes the traditional views about captivity.

2. Sharks Conservation within Palau:

One good case history for marine conservation is the declaration by Palau of a shark sanctuary in 2009. A no-take zone is intended to end all shark fishing and to cause no more harm to crucial habitats, thus allowing sharks to recover their lost glories. Such a programme turns out to be a perfect example of effective positive conservation outcome through solid legislation.

Conclusion and Future Directions

Marine animal protection is an activity that would require coordination across various different legal regimes. Nonetheless, considerable efforts have been devoted toward protective measures despite such jurisdictional problems, ineffective enforcement machinery, and all the implications of climate change. Strengthening international cooperation, reinforcing compliance mechanisms, and incorporating climate resilience into marine protection laws will be part of future directions. Innovative approaches, such as recognition of the rights of marine animals and the use of technology in monitoring, hold great promise for advancing marine conservation. As we face ever-escalating threats to marine biodiversity, it is time to adapt our legal frameworks to ensure the sustainable use and protection of marine resources for generations to come.

REFERENCES-

1. S. Zhang, Q. Wu, M. M. Z. Butt, Judge Yan-Ming Lv & Judge Yan-E Wang, International Legal Framework for Joint Governance of Oceans and Fisheries: Challenges and Prospects in Governing Large Marine Ecosystems (LMEs) Under Sustainable Development Goal 14, 16 Sustainability 2566 (April 21, 2025), https://www.mdpi.com/2071-1050/16/6/2566.

2. European Commission, EU Marine Strategy Framework Directive: Research and Innovation,EUR-Lex,https://research-and-innovation.ec.europa.eu/research-area/environment/oceans-and-seas/eu-marine-strategy- framework-directive_en (April 21, 2025).

3. Serkissian, Mher. "Seven of the Biggest Problems Facing Fish in Our Oceans." Marine Conservation Institute, (23 April 2025), https://marine-conservation.org/on-the-tide/seven-of-the-biggest-problems-facing-fish-in-our-oceans/.

4. Chris Woodford, Eco-labeling schemes, Explain That Stuff (24 April 25), https://www.explainthatstuff.com/eco-labelling.html.

5. The Whale Sanctuary Project | Back to Nature (April 24, 2025), https://whalesanctuaryproject.org/

6. Wfcadmin, Palau’s Shark Haven act (April 25, 2025), https://www.futurepolicy.org/oceans/palaus-shark Havenact/#:~:text=By%20declaring%20its%20entire%20exclusive,biodiversity%20in%20its%20surrounding%20oceans.

This article is authored by Anurag. He was among the Top 40 performers in the Quiz Competition on New Criminal Laws organized by Lets Learn Law.