Oceans of noise - Whale and Dolphin Conservation Society

4. ConclusionThis paper has analysed the regulation of ocean noise from the point of view of noise as apollutant. It has focused on just three categories of pollution, referred to in Part XII of the LOSCas (a) pollution from seabed activities subject to national jurisdiction, (b) pollution from activitiesin the Area, and (c) pollution from vessels. The conclusion varies depending on which of thesesources is considered. With regard to pollution from seabed activities subject to nationaljurisdiction, there are twelve regional seas treaties with strong potential to cover noise pollution,albeit that over the next few years the focus in respect of many of these treaties is likely to be theregulation of land-based activities. Unilateral action by coastal States is also possible. In relationto pollution from activities in the Area, the International Seabed Authority has alreadydemonstrated its willingness to regulate for environmental protection, though noise pollutionappears to have been somewhat overlooked so far. Unilateral application by sponsoring Statesand flag States of more stringent environmental legislation is also a possibility. With regard topollution from vessels, there is need for “generally accepted international rules and standards” inrespect of noise pollution in order to give more meaning to flag State legislative duties andcoastal State legislative powers. In the meantime, unilateral action by flag States is possible.Furthermore, some action by coastal States in respect of their territorial seas and exclusiveeconomic zones is also possible, as is action by States to establish and manage “particularlysensitive seas areas” in response to ocean noise concerns.124