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43 German Y.B. Int'l L. 38 (2000)
A Critical Assessment of the 1992 Baltic Sea Convention

handle is hein.journals/gyil43 and id is 39 raw text is: 









     A Critical Assessment of the 1992 Baltic Sea Convention

                              By Jonas Ebbesson


                           A. New Treaty in Force

   The signing in 1974 of the Convention on the Protection of the Marine Environ-
ment of the Baltic Sea Area (1974 Baltic Sea Convention or 1974 Convention)
established the legal framework for long-term environmental cooperation in the
Baltic Sea Area.' Despite the 1974 Baltic Sea Convention, and despite the activities
under the Convention, however, the environmental situation of the Baltic Sea Area
continued to decline during the 1970s and 80s with only a few exceptions. This ob-
servation and the political changes in the Baltic region in the late 1980s resulted in
a revision of the 1974 Convention, and the signing of the 1992 Convention on the
Protection of the Marine Environment of the Baltic Sea Area (1992 Baltic Sea Con-
vention or 1992 Convention)!
   On 17 January 2000, almost eight years after its signing, the 1992 Baltic Sea Con-
vention entered into force, replacing the 1974 Convention. From the viewpoint of
international environmental law and policy, the 1992 Convention marks, together
with the 1992 Convention for the Protection of the Marine Environment of the
North-East Atlantic (1992 North-East Atlantic Convention),3 a second stage in
the development of regional seas conventions. The 1992 Convention not only
introduces new legal principles and concepts, it also defines a new ambition for the
joint efforts. The implied question is, therefore, whether the 1992 Convention is
radical enough to promote the ecological restoration of the Baltic Sea Area and the
preservation of its ecological balance.4

   1 1974 Convention on the Protection of the Marine Environment of the Baltic Sea Area,
22 March 1974, ILM, vol. 13, 1974, 546.
   2 1992 Convention on the Protection of the Marine Environment of the Baltic Sea Area,
9 April 1992, ILM, vol. 32, 1993, 1069 (ratified, at the date of its entry into force, by Denmark,
Estonia, European Community, Finland, Germany, Latvia, Lithuania, Poland, Russia, and
Sweden).
   ' 1992 Convention for the Protection of the Marine Environment of the North-East Atlan-
tic, reprinted in: International Journal of Marine and Coastal Law (IJMCL), vol. 8, 1993, 50.
   'Article 3(1).

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