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Tropical Coasts

Vol. 8 No 1 www.pemsea.org July 2001

TRANSBOUNDARY
ENVIRONMENTAL
I S S UES:

Unwanted stowaways
Ultrahazardous cargo
Oil spills
Navigational mishaps
L of the possible responses to these issues. The challenges include those
concerns and analyses relating to the sea transport of ultrahazardous radioactive materials,

Shared Threats,
navigational safety, ballast water control and management, and oil spills.
A

Among the responses offered are the adoption of a regional


Shared Opportunities protocol to address the issue of ultrahazardous radioactive material, cost-
sharing in the management of international straits, more mature applications
Maria Socorro Z. Manguiat
of information technology through the marine electronic highway, and the
Issue Editor
I

formulation of oil pollution contingency plans that address the aspects of


prevention, mitigation and compensation. These responses reflect how
technology will play a pivotal role in offering solutions to the environmental
problems facing the region in the coming years, as explained in Messrs.
R

Sekimizu, Sainlos and Paw’s article on the marine electronic highway.


Science will also lead us to a better understanding of the magnitude and
trends relating to the threats to the coastal and marine environment in the
region, as Mr. Dandu Pughuic’s article on ballast water demonstrates. Capt.
O

Mark Heah Eng Siang’s article on the Natuna Sea case indicates how costly
the application of these solutions can be. Figures from Mr. Pughuic’s article
show, however, how much more costly doing nothing can be.
T

To face these and other transboundary environmental issues in


the region, and to apply the solutions provided in this article and the many
others yet to be explored, there is a need to work together in a more
structured fashion. Stakeholders in the region must be guided by a vision
I

that will define the directions to be taken in addressing these issues and

T
indicate which of these problems must receive their priority attention.
his age of connectivity, made possible in large part by advances in Strategies must then be formulated to address these priority issues. The
communication and information technology, has strengthened the institutional mechanism that will provide continuity and sustainability to
D

ties that bind us in both positive and negative ways. Information can carry out the vision must also be formulated, for while the goal is to provide
now be transmitted more quickly than ever and goods and persons a comprehensive regime for addressing these problems, the development
transported at heretofore-unimaginable speeds. Buzzwords include of such a regime will take years and sustained effort that can be accomplished
globalization and the breaking of barriers. However, the same connectivity most efficiently only through the avenue of a regional mechanism.
E

has also meant that environmental problems previously confined within


smaller areas have now become shared problems. These problems threaten The question, however, is how far such a regional mechanism
the sustainability of resources, including our very health and welfare. should go. Prof. Jon Van Dyke, in his article on The Legal Regime Governing
Sea Transport of Ultrahazardous Radioactive Material, argues for the
Like the technological revolution, the winds of economic development of a regional protocol because of the failure of the international
realignment that are sweeping the region can be seen both as a challenge community to provide adequate responses to the concerns of coastal states
and an opportunity. These movements, aimed at bringing growth and relating to the risks attendant to the sea transport of ultrahazardous
economic prosperity to the region, will also aggravate environmental radioactive material. The debate on international versus regional regimes
problems. While national capacity to handle purely domestic environmental in the management of environmental issues also emerges in Prof. Robert
problems varies, the region-wide capacity to handle problems that span Beckman’s piece on Article 43 of the United Nations Convention on the Law
beyond national jurisdiction is just beginning to emerge. These new economic of the Sea. In certain cases, such as in dealing with ballast water, the best
directions will, however, also create new ties and structures that can be the solution may be for a uniform set of guidelines that applies worldwide, with
foundation not only for economic cooperation, but for environmental the regional mechanism making adaptations with respect to appropriate
management which, as the countries are learning from their own experiences, technologies and arrangements for cooperation among neighboring states.
cannot be divorced from any development plan, if the development sought Regardless of the actual form that the regional mechanism takes, or the
to be achieved is to be sustainable. breadth of its reach, it is clear that the time has come for thinking seriously
about a regional mechanism. The age of connectivity and the forces of
This issue of Tropical Coasts focuses on environmental issues economic realignment provide the opportunity to move this thinking
that are shared by countries in the East Asian Seas region as well as some forward.

2 Tropical Coasts
in this issue
4
The Legal Regime Governing Sea
Tropical Coasts
w w w . p e m s e a . o r g
Transport of Ultrahazardous
Radioactive Materials
Jon M. Van Dyke
Volume 8 No. 1 July 2 001
18
Using Article 43 of UNCLOS to
Chua Thia-Eng The Global Environment Facility/
United Nations Development
Improve Navigational Safety and
Executive Editor
Programme/International Maritime P revent PPollution
ollution in International
Olof Linden
Organization Regional Programme Straits
on Partnerships in Environmental
Edgardo D. Gomez Robert C. Beckman
Management for the Seas of East
Editors Asia (GEF/UNDP/IMO PEMSEA), 24
Sida Marine Science Programme,
Maria Socorro Z. Manguiat and the Coastal Management Cen- The Marine Electronic Highway
Issue Editor ter (CMC) publishes Tropical Coasts in the Straits of Malacca and
Magazine biannually. This publica- Singapore - An Innovative Project
Jude William Genilo tion is geared towards stimulating
Managing Editor an exchange of information and for the Management of Highly
sharing of experiences and ideas with Congested and Confined W aters
Waters
Leo Rex Cayaban respect to environmental protection Koji Sekimizu, Jean-Claude Sainlos and James N. Paw
Editorial Assistant and the management of coastal and
marine areas. Readers are strongly 36
Jonel P. Dulay encouraged to send their contribu-
tions to:
Emmanuel Isla Natuna Sea Incident -
Design/Illustration/DTP Singapore’s Experience
Executive Editor
Milani L. Irisari P.O. Box 2502, Mark Heah Eng Siang
Quezon City 1165,
Dan Bonga
Metro Manila, Philippines
42
Research

The contents of this publication do not necessar- Ballast W ater Management


Water
ily reflect the views or policies of the Global Envi-
Jon M. Van Dyke ronment Facility (GEF), the United Nations Devel- and Control: An Overview
Robert C. Beckman opment Programme (UNDP), the International
Dandu Pughiuc
Maritime Organization (IMO), the Regional
Koji Sekimizu Programme on Partnerships in Environmental
50
Management for the Seas of East Asia (PEMSEA),
Jean-Claude Sainlos Sida Marine Science Program, Coastal Manage- Partnerships in Environmental
James N. Paw ment Center (CMC), other participating organi-
Mark Heah Eng Siang
zations, or the editors, nor are they an official Management for the Seas of
record. The designation employed and the pre-
Dandu Pughiuc sentation do not imply the expression of opinion East Asia (PEMSEA): A Framework
whatsoever on the part of GEF, UNDP, IMO, PEMSEA,
Nancy Bermas Sida Marine Science Program or CMC concerning for Regional Cooperation
Contributors the legal status of any country, territory or city or PEMSEA
its authority, or concerning the delimitation of its
territory or boundaries.

ISSN 0117-9756
d e p a r t m e nt s
on the cover
Editorial 2 • PEMSEA News 60
Looks can be
Capacity Building 56 • Bulletin Board 62
deceiving.
In Review 58 • Facts and Figures 64
These crab larvae, like
many seemingly special feature
harmless marine species,
can be transported 3 2 Shihwa Lake:
through a ship’s ballast From a Disaster to a Showcase
tanks and cause With the signing of the Shihwa Declaration, the Korean
devastating impacts on government and various stakeholders vowed to rebuild
the whole ecosystem. Shihwa Lake by providing guidelines that will ensure the
Photo of crab larvae protection and sustainable use of its resources. (See
courtesy of Roger Steene related story on page 61)

July 2001 3
By The Legal Regime
Jon M. Van Dyke

Governing Sea Transport


[1]

Professor of Law

William S. Richards School of Law


University of Hawaii at Manoa
Honolulu, Hawaii
of Ultrahazardous
Radioactive Materials
The Safety Concerns

In November 1992, Japan shipped 2,200


pounds (one metric ton) of plutonium in
a refitted freighter called the Akatsuki
Maru from France to Japan, going
around the Cape of Good Hope in Africa
and then south of Australia before
turning north to traverse the Pacific to
Japan. In February 1995, the British
vessel Pacific Pintail carried 28 canisters
of high-level vitrified nuclear waste
(HLW) in glass blocks, each weighing The Pacific Pintail, a specially designed
1,000 pounds, going around Cape Horn double-hulled vessel used only for the
transport of nuclear material.
at the tip of South America and then
across the Pacific. In early 1997, the 1
Source: Uranium Information Centre, Ltd. (UIC).

British vessel Pacific Teal carried 40 of


such canisters, going around Africa and
then up through the Tasman Sea. In From July 21 to September through the Tasman Sea and the

January 1998, the British vessel Pacific 27, 1999, the Pacific Pintail and western Pacific Islands to Japan.
the Pacific Teal traveled from The ships “adhered to a request
Swan carried 60 HLW canisters, going
France to Japan carrying 446 by the [South African] govern-
through the Caribbean and then
kilograms of weapons-usable ment to stay out of South
through the Panama Canal. The Pacific
plutonium contained in 40 Africa’s territorial waters and its
Swan made a similar voyage in March mixed plutonium/uranium larger marine [exclusive
1999, carrying 40 cylinders of HLW oxide (MOX) fuel elements. This economic zone] EEZ.”[2]
through the Mona Passage (between transport was routed around the
Puerto Rico and the Dominican Cape of Good Hope in South The Pacific Swan left
Republic) and then through the Panama Africa, across the southern Cherbourg, France on Decem-

Canal. Indian Ocean, and then up ber 29, 1999, carrying 104

4 Tropical Coasts
containers of vitrified high-level waste and traveled
These shipments present
through the Caribbean Sea and Panama Canal, on risks of a magnitude totally
its way to Japan. A year later, the Pacific Swan again
made the journey, this time with the largest cargo different from any previous
of nuclear waste ever carried — 192 canisters of
high-level wastes and this time traveling around
ocean cargoes.
Cape Horn at the tip of South America, arriving in
Japan in February 2001. Almost simultaneously,
the Pacific Pintail and the Pacific Teal went around staggering 96,000,000 curies of radioactivity
the world the other way, around the Cape of Good when it traveled around Cape Horn in January
Hope at the tip of Africa, carrying 230 kilograms of 2001. The MOX fuel on the 1999 and 2001
plutonium and four tons of uranium contained in shipments of the Pacific Teal and Pacific Pintail
28 MOX fuel assemblies. During this shipment, could be easily converted to provide the
transport officials suggested that one or two such materials needed to build dozens of nuclear
shipments of plutonium fuel would be made each weapons. These long-lasting, highly radioac-
year for the next 15 years. tive and radiotoxic nuclear materials could
endanger large coastal populations or
These shipments present risks of a magni- produce widespread, long-term radioactive
tude totally different from any previous ocean contamination of the marine environment.
cargoes. Each of the nuclear waste canisters They are extremely difficult to handle, and the
contains 17,000 terabecquerels in beta-gamma equipment necessary to salvage them in the
activity. The Pacific Swan, for instance, carried a event of an accident have not yet been

Figure 1. Shipments of high-level radioactive waste (HLW) and mixed uranium-plutonium


oxide (MOX) fuel from Europe to Japan.

Shipments as of March, 2001

19## Plutonium... 7 times *

19## HLW... 6 times

19## MOX... 2 times


Year of departure

* Route information not available


for ones of 1975, 78, 79, 80, 81

1984

1998

1999 1999

1995
used 1992 1999
2000
yet to be used 1997 2001

Source: Citizen’s Nuclear Information Center. (Used with permission)

July 2001 5
These long-lasting
long-lasting,, highly radioactive
and radiotoxic nuclear materials right of potentially affected coastal
states to prior notification, and,
could endanger large coastal ideally, prior informed consent for
shipments of nuclear material.”[5]
populations or produce widespread,
long-term radioactive contamination South Africa has similarly
registered regular protests to these

of the marine environment. They are shipments. In August 1999, the


Regional Environment Minister for
extremely difficult to handle, and the the Western Cape Province, Glen

equipment necessary to salvage them Adams, called for the shipments to


end, saying: “Because the shipments

in the event of an accident have are expected to continue for the


foreseeable future, the risk incurred
not yet been developed. at no benefit to us will be a recurring
risk. This is a risk that our province
does not want to carry.”[6] The Indian
developed. British representatives American countries have objected to Ocean country of Mauritius
acknowledge that in the event of a the nuclear transports passing their announced that the ships would not
vessel sinking “it was quite apparent territorial waters and EEZs, as Chile did be allowed into their EEZ. Because of
that recovery from some places would in 1995. In August 1998, Argentina opposition in Korea, a 1999
not be possible.” But a sinking may
[3] and Chile conducted joint naval shipment used the Tsuruga Strait
not be the most dangerous foresee- exercises to prepare for a hypothetical instead of the Korean Strait.
able event. If a vessel carrying such a accident, a ship carrying ultrahazard-
cargo collided with another vessel ous radioactive materials collided with
causing an intensely hot and extended an iceberg. The Current State of
shipboard fire, then radioactive Affairs at the Interna-
particles could become airborne, Affected nations have protested tional Level
putting all nearby life forms in grave vigorously against recent shipments.
danger. In 1992, the Heads of Government of In March 1996, the
the Caribbean Community (Caricom) International Maritime Organization
These cargoes are not, therefore, issued a strong statement that (IMO) held a Special Consultative
just another group of “dangerous “shipment of plutonium and other Meeting where governmental and
goods.” They are truly “ultrahazard- radioactive or hazardous materials nongovernmental organizations
ous,” requiring a focused and com- should not traverse the Caribbean presented their views on the risks
prehensive legal regime designed to Sea.” In the Pacific, New Zealand has
[4]
created by these transports and the
internalize the real costs of the taken the lead in protesting these legal regime that applies to them.
shipments. There is also a need to shipments, arguing that they should Meeting assignments were then
ensure that the risks they create are not be permitted through their EEZ given to various international bodies
not transferred from those that because of the “‘precautionary to address these issues. A few issues
benefit from these shipments to those principle’ enshrined in the Rio have been satisfactorily resolved, but
who gain nothing from them. Because Declaration. There should be many require further examination
of their concerns, several South recognition in international law of the and discussion.

6 Tropical Coasts
These cargoes are not, therefore,
Making the INF Code Mandatory dangerous goods.’
just another group of ‘‘dangerous
The members of the IMO decided in They are truly ‘ultrahazardous,’
1999 that the IMO Code for the Safe
Carriage of Irradiated Nuclear Fuel (INF), requiring a focused and comprehensive
Plutonium (Pu) and High-Level Radioac-
tive Waste should be incorporated into
legal regime designed to internalize the
the International Convention for the real costs of the shipments. There is also
Safety of Life at Sea (SOLAS). This Code
regulates the packaging of the radioac- a need to ensure that the risks they
tive materials and the construction,
design, and staffing of ships that create are not transferred from those
transport them, but “reliance on design
and packaging safeguards alone has
that benefit from these shipments to
become neither prudent nor palatable” to those who gain nothing from them.
many coastal countries.[7]

Shipboard Emergency Planning Type B transport flask


(right) used for high
level waste.
The Marine Environment Protection
Committee (MEPC) of the IMO has Source: Uranium Information
Centre, Ltd. (UIC).
developed Guidelines for Developing
Shipboard Emergency Plans, which are
designed to be added to the INF Code.
The Committee recognized the need for
consultation with coastal states in the
development of these shipboard emer- 2
gency plans. It is unclear, however,
whether coastal nations will be fully
informed of these plans, so that they can
develop coordinated shore-based
emergency plans.

Planning for Shore Emergencies


and Creating Salvage Plans

These steps are obviously desirable


endeavors to reduce the risk of acci-
dents, but no systematic effort has yet
taken place, and the shipping and
nuclear nations appear reluctant to 3
undertake these important Unloading vessel for transport flasks.
assignments.
Source: Uranium Information Centre, Ltd. (UIC).

July 2001 7
International discussions have stalled. It
is unlik ely that any new comprehensive
unlikely
instrument will emerge from these and customary international law
principles, recognize a number of

international discussions in the near future. obligations all sea users must adhere to.
Vessel-source pollution regulation falls
It is crucial, therefore, that regional bodies largely under the treaty framework of

act to protect their environments from the the SOLAS and the International Con-
vention for the Prevention of Pollution

possible degradation and destruction from Ships, 1973 as modified by the


Protocol of 1978 relating thereto
resulting if any vessel carrying ultra- (MARPOL 73/78). The Basel Convention
and regional conventions such as the
hazardous cargoes meets an accident. Waigani Convention deal with the
transboundary movement of hazardous
wastes, but do not specifically address
A voiding PParticularly
articularly for the damage rather than their own nuclear material. The IAEA Code and INF
Sensitive Sea Areas courts. Japan is also not at present a Code address the movement of nuclear
party to any of these conventions. For material. A number of specific treaties
Little work has been done thus the moment, the IMO has left the relate to nuclear energy and liability
far to identify sensitive sea areas question of developing a liability regime while some regional conventions lay
ships carrying ultrahazardous for INF material at sea to the Interna- down specific principles relevant to
cargoes must avoid. tional Atomic Energy Agency (IAEA). shipments of radioactive waste. The
primary international bodies dealing
Creation of a Liability Regime International discussions have with this issue are the IMO and the IAEA.
stalled. It is unlikely that any new The issue is also discussed in regional
Many gaps exist in the current comprehensive instrument will emerge bodies such as Caricom and the South
treaty framework. Among the from these international discussions in Pacific Forum.
problems are: the definition of the near future. It is crucial, therefore,
damage does not clearly include that regional bodies act to protect their The LOSC contains a number of
environment and consequential environments from the possible articles on both the freedom of naviga-
losses, a liability regime needs to be degradation and destruction resulting if tion and the protection of the marine
applied, an international claims any vessel carrying ultrahazardous environment. These navigational
tribunal needs to be considered, cargoes meets an accident. freedoms are often cited to counter
liability for other parties such as calls to regulate ultrahazardous nuclear
suppliers, financiers and operators The Relevant Principles of shipments, particularly the demand to
needs to be addressed, liability International Law provide advance notification of ship-
limitations need to be removed or ments. But states also have “the
modified and additional supplemen- The Governing FFramework
ramework obligation to protect and preserve the
tary funding protocols need to be marine environment” and this duty is
created. Under the current regime, The 1982 United Nations Conven- accompanied by specific liability: “States
victims have to bring claims in the tion on the Law of the Sea (LOSC), and are responsible for the fulfillment of
courts of the countries responsible its accompanying network of treaties their international obligations concern-

8 Tropical Coasts
Figure 2. Purpose built vessel for transport of spent nuclear waste.

Multiple satellite communication and


navigation systems

Double collision
bulkheads

Refrigeration plant
for cargo cooling

Twin propulsion and


rudders

Flask
Double
Forward generator
hull
room
Bow
thruster
Source: Uranium Information Centre, Ltd. (UIC).

ing the protection and preservation of The Duty to Protect the have emerged as a countervailing
the marine environment and shall be Marine Environment force against the freedom of naviga-
liable in accordance with international tion, which has throughout its
law.” [8]
Marine environmental protec- development been set against other
tion is now a major concern because rights and uses of the ocean. Freedom
The Duty to Avoid Causing of over fishing, oil and chemical of the high seas is exercised under
Harm to Other States spillages, toxic waste transport, and the conditions laid down by the LOSC
the transport of radioactive materi- and by other rules of international law.
Principle 21 of the Stockholm als. States must take necessary Coastal states have jurisdiction in the
Declaration on the Human Environ- measures to ensure that activities EEZ for the purpose of the protection
ment affirmed the responsibility of under their jurisdiction or control do and preservation of the marine
states “to ensure that activities within not cause damage to other states. environment.
their jurisdiction and control do not Pollution arising from incidents or
cause damage to the environment of activities under their jurisdiction or Prior Consultation
other states or areas beyond the control should not spread beyond
limits of national jurisdiction.” South the areas where they exercise International law requires prior
Africa has cited the principle that no sovereign rights in accordance with and timely consultation at an early
nation has the right to expose the LOSC. The measures taken must stage and in good faith. It requires the
another to danger as one of the include those designed to minimize provision of relevant information to
principles underlying its opposition to to the fullest possible extent pollu- potentially affected states. Similarly,
the 1997 journey of the Pacific Teal. tion from vessels. These obligations international law requires prior

July 2001 9
These obligations have
emerged as a countervailing should be accepted and acted upon. If the shipping states
reject a suggestion, they should explain why.
force against the freedom of
This procedure entails no risks and can only lead to
navigation, which has safer voyages. The coastal states may have ideas regarding

throughout its development shipping lanes and weather patterns that can reduce the
risks. The Western Pacific and the Caribbean are, for

been set against other rights instance, subject to intense storms during certain times of
the year. The island and coastal states’ understanding of
and uses of the ocean. the shipments and their cargoes can enable them to make
better use of their rescue equipment. Preparing for coastal
consultation whenever the activity of one nation creates a emergencies can only be done after understanding the
significant risk to another. Inherent in the duty to consult is risks involved.
the duty to inform or notify, which is a precondition of
meaningful and effective consultation. Article 198 of the Prior Notification
LOSC requires that when a state becomes aware that its
activities are causing or are likely to cause pollution to the The shipping and nuclear nations argue that prior
marine environment, it shall immediately notify other states notification is inconsistent with the freedom of navigation
likely to be affected. Similarly, the Convention on Early guaranteed under LOSC. But the shipping and nuclear
Notification of Nuclear Accidents requires notification. nations currently do, in fact, provide notification, at least to
their close allies and the nations that they trust. The
Although the duty to consult is one of the most smaller Caribbean nations have been, however, left in the
venerable and well-established principles of international dark regarding these shipments, creating a two-tiered
law, the shipping and nuclear nations are reluctant to situation whereby some affected nations are treated as
acknowledge that they must consult with affected coastal second-class citizens without the right to learn what is
nations regarding these ultrahazardous shipments. They going on. Obviously such a situation is unfair and unac-
argue that such consultation would interfere with their ceptable.
freedom of navigation and may assist terrorists who wish to
attack the shipments. These arguments are spurious. Prior notification is useful in reducing the alarm
Consultation regarding route-selection and emergency resulting from unsubstantiated rumors as well as ensuring
planning is in everyone’s best interest. They can only serve proactive contingency plans dealing with coastal emergen-
to make these shipments safer for all concerned. cies. Prior notification for transboundary movement of
hazardous materials is standard in a number of conven-
Proper international consultation has several ele- tions, including the Basel Convention, the Bamako Conven-
ments. The first step is to disclose the nature of the project tion, the IAEA Code of Practice on the International
with its attendant risks and safety measures to potentially Transboundary Movement of Radioactive Waste, and the
affected states. Preparing an environmental impact assess- IAEA Regulations for the Safe Transport of Radioactive
ment is a logical way to fulfill this obligation, and is required Material.
by Articles 204-206 of the LOSC. Numerous other treaties
also impose an environmental assessment requirement. Prior notification requirements are not unprec-
edented. A recent survey of national actions listed Canada,
The second step is to listen to the concerns of the Djibouti, Libya, Malta, Pakistan, Portugal and the United
affected nations. Suggestions, if helpful and constructive, Arab Emirates as requiring prior notification before

10 Tropical Coasts
Figure 3. Total W orldwide Plutonium PProduction
Worldwide roduction
1945-1994.
hazardous cargoes can pass through
metric tons
their waters. It identified Egypt, 1500
Guinea, Iran, Malaysia, Oman, Saudi
Arabia, Turkey, and Yemen as
requiring prior authorization for such 1000
passage. It mentioned Argentina,
Haiti, Ivory Coast, Nigeria, the
Philippines, and Venezuela as
500
completely prohibiting passage by
ships carrying nuclear or other
inherently dangerous or noxious
0
substances. [9] 1945 1955 1965 1975 1985 1994
Source: Nuclear Control Institute. (Used with permission)
Moreover, Malaysia explicitly
insisted on prior authorization before tugboats and firefighting equipment, island communities at risk, in a
any such shipment passes through and retrieval in the event of a sinking. situation where they obtain no benefit
its waters, and that “such a passage Since rules on access to ports by from the activity, a detailed liability
no longer constitutes ‘innocent vessels in distress are “somewhat regime should be developed to ensure
passage’ under international law and patchy,”[13] coastal nations are timely compensation in case of injury.
such vessels should not access the inevitably going to be unenthusiastic In many legal systems, including
Straits of Malacca and Singapore. The about allowing such vessels into their international law, when an actor
straits states must be able to say no ports for emergency repairs. Such engages in ultrahazardous activity and
to such ships and if necessary, stop entry would affect the vital interests of harm results, the actor is held to be
them from transit.”[10] Malaysia has the country, for example through the strictly liable. A specific regime
specifically linked its claim to stop risk of exposure to radioactive covering all foreseeable damage and
these shipments to “the gaps in the contamination. It thus “would seem ensuring adequate funding is urgently
legal regimes governing these essential that emergency arrange- needed.
activities.”[11] Two European scholars, ments should include prior consulta-
after surveying recent treaties and tion and agreement with coastal
national actions, have said that these states on ports where repairs could Are These International
developments suggest a “trend be undertaken without posing risks to Law Requirements Consis-
towards recognition of a right of prior the safety of the adjacent popula- tent with Navigational
notification.”
[12]
tion.”[14] Freedoms?

Preparation for Foreseeable Liability Innocent PPassage


assage Through
Emergencies Territorial Seas
It is clear that a country creating
The consequences of an risks is liable to compensate the Although innocent passage is
accident involving a ship transporting injured country, but the practical permitted through territorial seas, the
radioactive material could be very mechanisms for compensation are passage must in fact be innocent.
serious. Hence, emergency proce- not always in place. Because the Passage is innocent so long as it is not
dures must include access to nuclear and shipping nations are prejudicial to the peace, good order,
appropriate ports, the availability of putting coastal populations and small or security of a coastal state. Coastal

July 2001 11
Figure 4. TTotal
otal Military and Civilian Plutonium (in metric tons).

actions to protect their interests.


These responses are sometimes
characterized as “reprisals” and
sometimes as “countermeasures.”

A country seeking to block


passage of ultrahazardous nuclear
cargoes through its EEZ would thus
argue that such passage violates the
Source: Nuclear Control Intitute. standards found in the LOSC. Coun-
(Used with permission)
tries are required to prepare environ-
mental impact statements and
contingency plans for accidents,
states have been arguing that The Precautionary Principle consult with affected states, and
shipments of ultrahazardous establish appropriate liability regimes
radioactive cargoes are prejudicial to In exercising their jurisdiction to for such hazards. Because these
their security, thus rendering the protect and preserve the marine requirements are found directly in the
passage non-innocent. Passage environment under the LOSC, states LOSC itself, they are certainly “interna-
must take place in compliance with may and should apply the precaution- tional standards” that must be
coastal laws mandated by ary principle. A Chilean naval vessel complied with. The widespread “state
international law, and other rules of challenging the 1994/95 shipment, practice” of coastal nations protesting
international law. representing a coastal State respon- such shipments, as described above,
sible for its marine environment in the certainly reinforces the conclusion
Protection of Marine Cape Horn region, cited the precau- that these precautionary measures
Resources in Exclusive tionary principle as a primary reason must precede such shipments.
Economic Zones for banning the Pacific Pintail from its
EEZ.[15] The number of serious protests
Navigational freedoms are against these ultrahazardous cargoes
protected in the EEZ, but a coastal — from threatened coastal and island
state has a responsibility to protect When Is Unilateral nations — have led commentators to
its marine environment. When Action PPermissible?
ermissible? recognize the “emerging state practice
combined with sovereign rights over with regard to regulating the threat of
the management of natural International law anticipates vessel-source pollution in the law of
resources, this authority provides nations taking countermeasures to the sea.” [16]
significant jurisdiction to prevent respond to violations. Because no
pollution and allows coastal states to centralized international policing The nations shipping ultrahaz-
place considerable limitations upon mechanism exists, those nations ardous radioactive cargoes argue that
navigational rights to protect the aggrieved by violations of international they are entitled to passage rights
marine environment. law by others can take unilateral because their shipments comply with

12 Tropical Coasts
The number of serious
protests against these ultra-
hazardous cargoes – from
the standards established in SOLAS. But surely
this treaty does not override the fundamental threatened coastal and island
principles in the LOSC which has been charac-
terized as the “Constitution for the Oceans.”
nations – have led
commentators to recognize the
Malaysia, on the other hand, has also urged
the international community to take action ‘emerging state practice with
toward “the establishment of a regime of prior
notification, consultation with coastal states,
regard to regulating the threat
environmental impact assessment, an emer-
gency response plan and a strict liability regime
of vessel- source pollution in
vessel-source
that would govern damages from accidents as the law of the sea.’
well as flag state responsibility and accountabil-
ity.” One commentator who supports the right to
take military action to prevent threats to
environmental resources characterizes the
governing rule as follows: “When the environ- ranean nations adopted a “Protocol on the
mental threat is immediate and threatens Prevention of Pollution of the Mediterranean
destruction similar in kind to an armed attack, Sea by Transboundary Movements of
producing property damage, loss of life, and Hazardous Wastes and Their Disposal,” which
refugee flows, a state may legally use force to explicitly prohibits the transport of hazard-
address that environmental disaster internation- ous wastes through territorial seas without
ally.”[17] prior notification to and consultation with the
affected coastal state (Article 6(4)). This
When the principles of international law are development is significant because France is
unresolved or in dispute, it is commonplace for a Mediterranean nation, and its acceptance of
countries to take appropriate unilateral actions this provision by its Mediterranean neighbors
to convey and protect their views. The strong sharply undercuts the position of the
protests and military actions taken, in particular, maritime nations that such notification and
by Brazil, Argentina, and Chile provide examples consultation requirements are inconsistent
of such initiatives. They are likely to continue with passage rights under the
because of the frustrations over the lack of freedom-of-the-seas doctrine.
action by the responsible international organiza-
tions. The IMO’s Legal Committee, for instance, Concerned coastal and island nations
did not act on Argentina’s 1996 proposal that may thus conclude that they have the right to
would have required vessels transporting INF to block any passage through their territorial
avoid territorial seas and EEZs of other nations seas and that they have the right to prior
unless permission for transit has been notification and consultation before any
secured.[18] At about the same time, the Mediter- vessel can pass through their 200-mile EEZs.

July 2001 13
If the shipping nations refuse Recommendation Number 1: faith and must include
to comply or cooperate, then the Comprehensive Regional discussions regarding alternative
coastal nations will have proper Protocols Are Needed to routing and emergency
grounds to use force to prevent Ensure the Safety of the Sea contingency planning.
these ships from passing through Transport of Ultrahazardous
their maritime zones. In fact, the Radioactive Cargoes. b. The requirement to prepare an
coastal nations may feel obliged to environmental impact
use force, because their failure to Although concerned coastal assessment prior to such
block the passage of these ships nations have raised alarm over shipments. The process of
may later be interpreted as these shipments since 1992, preparing the assessment must
acquiescence and acceptance of international response has been be interdisciplinary and must
the vessels’ rights of passage. halting and incomplete. This include public input.
process should not be seen as an
adversarial situation between the c. The exclusion of certain specific
Conclusion shipping and nuclear nations on the hazardous routes.
one hand and the concerned coastal
“[F]urther measures are states on the other. It is in d. Detailed provisions on accident
necessary” to protect coastal everyone’s interest to protect the and emergency procedures.
nations from the risks created by marine environment and coastal These procedures must include
shipments of ultrahazardous populations. Shippers do consult access to appropriate ports,
radioactive cargoes. If the mea- with and notify many nations, but availability of tugboats and
sures are not adopted “through leave out other affected coastal and firefighting equipment, and plans
co-operation at the international island countries. for retrieval in the event of a
level,” they will be “defined sinking.
unilaterally” by coastal state Regional protocols could fill
initiatives.[19] International law now the gap and ensure that these e. A binding liability and
requires nations to protect the shipments conform to the stan- compensation regime applicable
marine environment, and coastal dards of safety needed to protect to these shipments. Such a
nations are entitled to protect coastal populations and the marine regime must not only clearly
their coastal marine resources. environment. include environmental and
Unless the shippers of ultrahaz- consequential damage on a strict
ardous cargoes engage in A regional regime should liability basis to a realistic level
meaningful consultations, discuss include the following: but must also spell out the
routing alternatives, prepare conditions of liability in these
environmental impact assess- a. The obligation to notify and circumstances. It should also
ments, establish emergency consult prior to any shipment include the creation or
contingency planning, and agree of high-level radioactive identification of a compensation
to a liability regime, coastal materials through the territorial fund to pay victims, and provide
nations will have no alternative sea or EEZ of any nation. an international tribunal to hear
except to protect their interests. Consultations must be in good claims.

14 Tropical Coasts
Unless the shippers of ultrahazardous
Recommendation Number 2:
cargoes engage in meaningful
Concerned Nations Should consultations, discuss routing
Bring a Claim Against
France, Japan, and the alternatives, prepare environmental
United Kingdom Utilizing the
Dispute-Resolution
impact assessments, establish emergency
Procedures in the Law of the contingency planning
planning,, and agree to a
Sea Convention
liability regime, coastal nations will
Part XV of the LOSC establishes
mandatory dispute resolution have no alternative except to protect
procedures. This innovative mecha-
nism is just now beginning to be
their interests.
utilized by the contracting parties.
Article 297(1)(b) authorizes coastal
and island states to bring claims harmful changes to the marine including the “development of
against shipping nations whenever “it environment”), criteria and procedures for
is alleged that a State in exercising payment of adequate
[its navigational] freedoms, rights, or b. their duty to consult affected compensation, such as
uses has acted in contravention of states, including specifically their compulsory insurance or
this Convention or of laws or duty under Article 199 to “jointly compensation funds.”
regulations adopted by the coastal develop and promote
State in conformity with this Conven- contingency plans for Under Article 287, each
tion and other rules of international responding to pollution incidents contracting party is instructed to
law not incompatible with this in the marine environment,” choose one or more of four
Convention.” possible “means for the settlement
c. their general duty under Articles of disputes,” (a) the International
A claim could be brought by 192 and 235 to “protect and Tribunal for the Law of the Sea
concerned coastal states contending preserve the marine (ITLOS), (b) the International Court
that the shipping nations (France, environment,” including the more of Justice (ICJ), (c) a five-member
Japan, and the United Kingdom) have specific duty under Article 194(5) arbitral tribunal established
violated: “to protect and preserve rare or pursuant to Annex VII of the
fragile ecosystems as well as the Convention, or (d) a “special
a. their duties under Articles 204- habitat of depleted, threatened or arbitral tribunal” established
206 to prepare and disseminate endangered species and other pursuant to Annex VIII (designed
an environmental impact forms of marine life,” and for specialized disputes requiring
statement (because “planned scientific expertise, including
activities under their jurisdiction d. their more specific duty under “protection and preservation of
or control may cause substantial Article 235(3) to create an the marine environment” and
pollution of or significant and appropriate liability regime, “navigation, including pollution

July 2001 15
Regional protocols could fill from vessels and by dumping”). If a
contracting party does indicate its

the gap and ensure that preference, it shall be deemed, under


Article 287(3), to have accepted the Annex
these shipments conform to VII arbitral tribunal. The United Kingdom
has indicated its choice for the ICJ. Japan
the standards of safety and France have not yet indicated any

needed to protect coastal preference. Under Article 296, decisions


rendered by a court or tribunal under
populations and the marine these procedures are final and must be
complied with by all the parties to the
environment. dispute.

One awkward aspect of this proposed


course of action resulted from the United
Kingdom’s selection of the ICJ as well as
France and Japan not making any selec-
tion, thus triggering the Article VII arbitral
tribunal as the default choice. Because of
these differences, it may be necessary to
proceed separately against the United
Kingdom in the ICJ and against France and
Japan in an arbitral tribunal. It appears
from the language of Article 290 that the
ICJ could issue preliminary measures
against the United Kingdom, and the ITLOS
could issue preliminary measures against
France and Japan if an arbitral tribunal is
not established within two weeks from the
filing of the complaint. It would be
preferable, of course, if the countries
agree upon a single tribunal for this
adjudication, but, if not, it may be neces-
sary to proceed in two separate venues.

4
This new dispute-resolution proce-
dure is now open for business. The
dispute, regarding the obligations of the
The BNFL ship Pacific Teal enters Fukushima harbor with its
cargo of MOX fuel, September 1999. A Japanese security nations transporting ultrahazardous
forces boat is seen on the left, and the towers of the radioactive materials by sea, appears to be
Fukushima power plant are in the background. an appropriate one for mandatory dispute
Source: Jorge Punzi ©Greenpeace/MacColl. (Used with permission) resolution.

16 Tropical Coasts
E n d n o t e s :

[1] This paper draws upon earlier writings undertaken with Duncan E.J. Currie, LL.B (Hons)., to the IAEA, Jan. 17, 1997, Communication of Feb. 28, 1997, INF Circ/533,
LL.M., barrister, including The Shipment of Ultrahazardous Nuclear Materials in which indicated that international law justified unilateral action).
International Law, 8 Review of European Community & International Environmental
Law (RECIEL) 113; 1999. A longer and fully documented version will be published in [17] Michael K. Murphy, Achieving Economic Security with Swords as
the professional journal Ocean Development and International Law. Ploughshares: The Modern Use of Force to Combat Environmental
Degradation, 39 Va. J. Int’l L. 1181; 1999.
[2] South African Press Agency, British Nuclear Ships Pass SA Coastline, Aug. 14, 1999.
[18] Statement of Argentina presented to the Special Consultative Meeting of
[3] Maritime Safety Committee, Matters Related to the INF Code, March 27, 1997, at 2 Entities Involved in the Maritime Transport of Materials Covered by the INF
(MSC 68/15/Add.2 [statement attributed to United Kingdom delegation]). See also J. Code, International Maritime Organization, March 4-6, 1996, YSCM 5,
Wonham, C.M. Davies, V.G. Asimakkopoulos, and B.S. Tselentis, Marine Transportation Presentation 6 (stating that ships carrying ultrahazardous radioactive
of Irradiated Nuclear Fuel, Plutonium and Radioactive Wastes: the Continuing Debate cargoes should avoid territorial seas and exclusive economic zones of third
on Regulatory Measures, 24 Marine Policy 287, 299; 2000 (noting that “[a] recovery states unless there is no “high-sea route of similar convenience with respect
operation at depth of greater than 6000 m would...be at the limits of current to navigational and hydrographical characteristics,” and stating further
technology”). that if passage through a territorial sea or EEZ of a third state is required
the shippers must “comply with the routing systems set up by such States”).
[4] Statement issued by Colombian Ministry of Foreign Affairs, March 2, 1995, stating that
the “introduction into the national territory of nuclear waste and toxic wastes” is
prohibited under the terms of the national constitution. References for Photos and Figures:
[5] Letter from Don McKinnon, New Zealand Minister of Foreign Affairs and Trade, to
Michael Szabo, July 7, 1999. Photo 1. Uranium Information Centre, Ltd. Avail from:
http://www.uic.com.au/graphics/transvessel.jpg:
[6] Jeremy Lovell, South Africa Says No to Nuclear Shipments, Reuters, Aug. 13, 1999. Japanese waste and MOX Shipments from Europe - Nuclear issue
Briefing Paper 23 (January 2001).
[7], [19] Robert Nadelson, After MOX: The Contemporary Shipment of Radioactive
Substances in the Law of the Sea, 15 Int’l J. Marine & Coastal L. 193, 244; 2000. Photo 2. Uranium Information Centre, Ltd. Avail from:
http://www.uic.com.au/graphics/flaskload1.gif:
[8] United Nations Convention on the Law of the Sea, Dec.10, 1982, entered into force Japanese waste and MOX Shipments from Europe - Nuclear issue
Nov. 16, 1994, UN Doc. A/CONF.62/122 (1982), 21 I.L.M. 1261; 1982. Most countries Briefing Paper 23 (January 2001).
and commentators recognize that most of the provisions in the Law of the Sea
Convention codify obligatory customary international law principles, and hence are Photo 3. Uranium Information Centre, Ltd. Avail from:
binding even on countries that have not yet ratified the Convention. http://www.uic.com.au/graphics/unloadvessel.jpg:
Japanese waste and MOX Shipments from Europe - Nuclear issue
[9], [12] Kari Hakapaa and Erik Jaap Molenaar, Innocent Passage – Past and Present, Briefing Paper 23 (January 2001).
23 Marine Policy 131, 142; 1999.
Photo 4. Greenpeace. Avail from:
[10], [11] Statement made by Datuk Law Hieng Ding, Malaysian Minister of Science, http://www.ens-news.com/ens/may2001/2001L-05-28-02.html:
Technology and Environment, Oct. 18, 1999, delivered by Deputy Minister Dato’Abu Japanese Voters Reject Mixed Plutonium Uranium Nuclear Fuel
Bakar Bin Daud at meeting of Maritime Institute of Malaysia on “Carriage of Ultra (28 May 2001).
Hazardous Radioactive Cargo by Sea: Implications and Responses,” reprinted in The
MIMA Bulletin, vol. 8, no.1; 2000. 1 p., 3 p. Figure 1. Citizen’s Nuclear Information Center (CNIC). Avail from:
http://www.cnic.org.jp/english/transport/faq/questions/1html:
[13], [14] Wonham et al., 296 p., 299 p. Does Japan Need Plutonium Fuel? (2001).

[15] Transcript of Radiotelephone conversation of March 22, 1994. Coastal States have the Figure 2. Uranium Information Centre, Ltd. Avail from:
specific right “to adopt and enforce non-discriminatory laws and regulations for the http://www.uic.com.au/graphics/vessel.gif:
prevention, reduction and control of marine pollution from vessels in ice-covered areas Japanese waste and MOX Shipments from Europe - Nuclear issue
within the limits of the exclusive economic zone, where particularly severe climatic Briefing Paper 23 (January 2001).
conditions and the presence of ice covering such areas for most of the year create
obstructions or exceptional hazards to navigation, and pollution of the marine Figure 3. Nuclear Control Institute. Avail from:
environment could cause major harm to or irreversible disturbance of the ecological http://www.nci.org./3img/nptcht1.jpg:
balance.” Law of the Sea Convention, Article 234. This provision could strengthen Chile The Plutonium Threat (2001).
and Argentina’s claim to ban highly radioactive nuclear carriers from their EEZs.
Figure 4. Nuclear Control Institute. Avail from:
[16] Nadelson, at 222 (citing in particular the Joint Declaration of Brazil, Argentina, Chile http://www.nci.org./3img/nptcht2.jpg:
and Uruguay about Radioactive Waste Transport issued by the Brazilian Foreign Ministry The Plutonium Threat (2001).

July 2001 17
Robert C. Beckman
By

Executive Chairman
Using Article 43 of
Society of International Law
Law,, Singapore
UNCLOS to Improve
Background

At the third United Nations Conference on the


Navigational Safety
Law of the Sea from 1973 to 1982, States faced
the difficult task of devising a legal regime to
and Prevent Pollution
govern straits used for international navigation
that balanced the interests of the straits States in International
and the larger international maritime community.
Straits States have an interest in preventing
vessels from polluting their waters and coasts.
Straits
The international maritime community, on the
other hand, has an interest in ensuring unimpeded
passage for vessels from all States on routes used
for international navigation. The goal of the
negotiations was to strike an appropriate balance
between the interests of the two groups.

The issue of passage through international straits


was linked to the issue of the breadth of territorial
sea. Straits States demanded the right to claim a
territorial sea adjacent to their coasts of 12
nautical miles. The consequence of this was that
international straits that were less than 24
nautical miles wide fell within the territorial
sovereignty of straits States. Naval and maritime
powers feared that this would threaten the The term “Straits of Malacca” refers to the Strait of
Malacca and the Strait of Singapore. The Strait of
interests of the international community in giving Malacca is situated between the East Coast of
the vessels of all States free and unimpeded Sumatra Island and the West Coast of Peninsular
Malaysia. It is contiguous to the Strait of Singa-
passage on major international shipping routes. pore at its southeast end, forming one interna-
tional shipping route linking the Indian Ocean
(via the Andaman Sea) with the South China Sea
After difficult negotiations, a consensus was
to the Pacific Ocean. The length of the Straits is
reached. A new legal regime governing straits around 600 nautical miles (nm) with the widest
used for international navigation was established. section (220 nm) near the northwest entrance,
narrowing gradually to around 8 nm at the
This was embodied in the 1982 United Nations southeast entrance near the Riau Archipelago.
Convention on the Law of the Sea, which is Source: PEMSEA

commonly referred to as the 1982 UNCLOS.

18 Tropical Coasts
Straits States have an
The 1982 UNCLOS ships exercising passage interest in preventing
prescribes a special regime that through the straits.
gives ships and aircraft of all vessels from polluting
States the right of unimpeded In recent years, a debate
passage through and over has ensued in Southeast Asia
their waters and coasts.
straits used for international
navigation. This right, referred
regarding the rules governing
the Straits of Malacca and
The international
to as “transit passage,” cannot Singapore. Malaysia and Indone-
maritime community
community,, on
be impeded or suspended by sia argue that the legal regime in
the States bordering the straits. the 1982 UNCLOS does not the other hand, has an
However, vessels exercising the adequately protect the rights and
right of transit passage through interests of the straits States. interest in ensuring
straits used for international They have pointed out that straits
navigation are required to States carry a heavy burden with
unimpeded passage for
comply with generally accepted
international rules and stan-
respect to straits used for
international navigation. The
vessels from all States on
dards for navigational safety obligations of straits States are
routes used for
and for the prevention of not commensurate vis-à-vis the
pollution from ships. These risks passing vessels pose to international navigation.
international rules and stan- their waters and coastline. Under
dards are established by the the 1982 UNCLOS, straits States The goal of the
international community under must respect the right of all
the auspices of the International States to exercise transit passage
negotiations was to strik
strikee
Maritime Organization (IMO).
Although the States bordering
through such straits, even
though such passage often
an appropriate balance
the straits have sovereignty over provides no benefit to the straits
between the interests of
the waters, the IMO has jurisdic- States and creates a potential risk
tion to establish rules governing to their waters and coastline. the two groups.

Presentors at the
Workshop for
Subregional Cooperation
in Oil Spill Modelling
in the Malacca Straits
discuss how to prevent,
reduce and control
pollution in the
Straits of Malacca.
Source: PEMSEA

July 2001 19
Article 43 expressly provides
that user States and straits Straits States must also bear heavy financial burdens

States ‘shall by agreement co co-- with respect to international straits by maintaining


lighthouses and navigational aids and undertaking

operate’ for the purposes hydrological surveys and radar-based vessel traffic
systems (VTS). They must also update/maintain
specified. The language of equipment and be constantly ready to combat
pollution from passing vessels.
Article 43 is general and vague,
exhortatory in character
character,, and The regime established in the 1982 UNCLOS,
however, does not provide that these burdens shall

not self-implementing
self-implementing.. be borne solely by the straits States. In fact, the 1982
UNCLOS contains a specific provision, Article 43,
However
However,, it in effect establishes that is intended to establish a burden-sharing
arrangement. Article 43 of the 1982 UNCLOS, reads:
a legal obligation on user States
and straits States to negotiate User States and States bordering a strait
should by agreement co-operate:

in good faith to achieve a


· in the establishment and maintenance in a
consensus on how to cooperate strait of necessary navigational and safety

to enhance navigational safety aids or other improvements in aid of


international navigation; and

and prevent, reduce and control · for the prevention, reduction and control of
pollution from ships. pollution from ships.

Article 43 expressly provides that user States


and straits States “shall by agreement co-operate” for
the purposes specified. The language of Article 43 is
general and vague, exhortatory in character, and not
self-implementing. However, it in effect establishes a
legal obligation on user States and straits States to
negotiate in good faith to achieve a consensus on
how to cooperate to enhance navigational safety and
This light beacon prevent, reduce and control pollution from ships.
provides safety to
vessels passing
between Singapore The issues relating to the Straits of Malacca and
and Batam Island in Singapore, especially Article 43, have been the subject
the Straits of of much study and discussion over the last five years.
Malacca.
For example, two international conferences on the
Source: Malacca Strait Council
Straits of Malacca and Singapore were held in

20 Tropical Coasts
One of the
Singapore. These were organized First, there was a general challenges will be
by the Institute of Policy Studies,
Singapore and the IMO. The first,
consensus that it is inequitable for
the straits States alone to be respon-
how the IMO can be
held in 1996, brought together for sible for shouldering the responsi- given a role without
the first time the three straits bility for providing maritime infra-
States, the IMO, the user States and structure for navigational safety and it appearing in
other stakeholders. At the 1996 for protecting the marine environ-
Conference, there was a consensus ment. principle to be a
among participants that it would be
equitable if there were burden- Second, there was a consensus
diminution of the
sharing between the strait States, that Article 43 implies a measure of sovereignty of the
user States and other stakeholders obligation on user States to enter
in ensuring navigational safety and into a dialogue in good faith with the straits States or an
in combating pollution from ships straits States with a view to achieving
in the Straits. an agreement as envisaged by the
internationalization
A follow-up Conference on
Convention.
of the Straits.
the Straits of Malacca and Singapore Third, there was a consensus
was held in 1999. The purpose of that the three straits States con-
the Conference was two-fold. First, cerned must decide among them-
it sought to advance the dialogue selves the nature and extent of
on how the various stakeholders assistance they seek and the modali-
can cooperate more effectively to ties they wish to establish for such
ensure navigational safety and cooperation, and that the initiative
prevent, reduce and control for such cooperation must come
pollution in the Straits of Malacca from the straits States.
and Singapore. Second, it aimed to
achieve a consensus on how to Fourth, there was an emerging
implement Article 43. consensus that certain principles
should govern any funding mecha-
The 1999 Conference failed to nism under Article 43, and that some
achieve a consensus on how to form of funding mechanism to
implement Article 43 in the Straits implement Article 43 with respect to
of Malacca and Singapore. How- the Straits of Malacca and Singapore
ever, the Conference did make is inevitable.
One of the 51
significant contributions on several lighthouses and light
matters relating to cooperative There are several unresolved beacons the Malacca
arrangements under Article 43 for issues relating to how a mechanism
Strait Council installed in
the Straits of Malacca to
the Straits of Malacca and might be established to implement ensure
Singapore. Among the points of Article 43 in the Straits of Malacca navigational safety.
consensus were: and Singapore. With respect to a Source: Malacca Strait Council

July 2001 21
Article 43 provides for a mechanism
funding mechanism, there are at least four
for burden- sharing
sharing,, a mechanism
burden-sharing important issues that must be resolved:

which would be fairer to all States.


First, there must be a consensus on the
This could be used to fund VTS [vessel definition of “user States” under Article 43.

traffic systems] or electronic chart Some legal scholars at the 1999 Singapore
Conference argued that the term ”user States”
data information systems that would makes it clear that all flag States of ships
engaged in commercial services and ships
enhance navigational safety
safety.. This entitled to sovereign immunity are included.

could also be utilized to fund They stated that the formulation leaves the
door open for an inclusive interpretation of
initiatives combating the growing international cooperation, where not only

menace of piracy and armed robbery governmental agencies representing the


States concerned, but also entities or natural
against ships in the Straits of or juridical persons which possess the
nationality of the States concerned, or are
Malacca and Singapore. This could effectively controlled by them or their

lik ewise be tapped to prevent, reduce


likewise nationals, can also be involved. Others
argued that a more restrictive definition
and control pollution from ships by should be adopted.

helping the straits States implement Second, it must be determined whether


and enforce the International the cooperative arrangement should be
informal and voluntary or whether it should
Convention for the PPrevention
revention of be formal and mandatory, and whether the

Pollution from Ships (MARPOL) arrangement should be specifically for the


Straits of Malacca and Singapore or part of a
regulations. broader arrangement that governs all major
straits used for international navigation.
Conference participants from Indonesia and
Figure 1. Reported Piracy and Armed Malaysia favored an informal voluntary
Robbery Incidents in the arrangement between the straits States and
Malacca Straits. user States that are major beneficiaries, which
Source: IMO
120
would apply only to the Straits of Malacca and

110
112 Singapore. Some legal experts argued that

100
the IMO should develop principles for

80
charging users the cost of maritime

60
infrastructure that would provide a

40
framework for agreements between user
37
20
States and straits States under Article 43. The

0
development of such a set of legal principles
31 March 99 - 31 March 00 31 March 00 - 31 March 01
by the IMO might make it easier to get user

22 Tropical Coasts
States, especially national and competent international organizations Conference to establish a burden-
juridical persons, to contribute to a in the 1982 UNCLOS and the contribu- sharing arrangement under Article 43.
funding mechanism. Once such tion and responsibilities of the IMO Therefore, it may be appropriate for the
principles are developed, the straits regarding navigational safety and the IMO to initiate action either through its
States would be required to propose prevention of pollution from ships, it Legal Committee or through the Global
the use of such a scheme for a might reasonably be expected that the Environment Facility/United Nations
particular strait. The straits States organization should have a role in the Development Programme/IMO
would be the initiators, so there process to establish cooperative Regional Programme on Building
would be no question of a arrangements under Article 43. One Partnerships in Environmental Manage-
diminution of their sovereignty. With of the challenges will be how the IMO ment for the Seas of East Asia
respect to the cooperative can be given a role without it appear- (PEMSEA), a regional programme that
arrangement for particular straits, ing in principle to be a diminution of seeks to build partnerships among
some experts suggested that an the sovereignty of the straits States or stakeholders in the East Asian region to
“umbrella” arrangement among an internationalization of the Straits. reduce/remove barriers to effective
straits States and user States should environmental management.
first be negotiated, and that specific Article 43 provides for a
arrangements of varying forms and mechanism for burden-sharing, a References:
participation could then be mechanism which would be fairer to
The Institute of Policy Studies, Singapore and the
established within the framework of all States. This could be used to fund International Maritime Organization,
the umbrella arrangement. VTS or electronic chart data International Conference on Navigational Safety
and the Control of Pollution in the Straits of Malacca
information systems that would
and Singapore: Funding and Managing
Third, a system for managing enhance navigational safety. This International Partnerships, 14 -15 October 1999,
the funding mechanism for the could also be utilized to fund initiatives The Regent, Singapore. Most of the papers are
published in (1999) 3 Singapore Journal of
Straits of Malacca and Singapore, combating the growing menace of International and Comparative Law. Unedited
that meets the interests of both piracy and armed robbery against versions of the Rapporteur’s Report and Conference
strait and user States, must be ships in the Straits of Malacca and
Papers are available on the web page of the Society
of International Law, Singapore (SILS). Avail from:
devised. On the one hand, the Singapore. This could likewise be http://www.sils.org/seminar/1999-straits-00.htm.
political sensitivity of the straits tapped to prevent, reduce and control
—. International Conference on Navigational Safety
States must be taken into account, pollution from ships by helping the
and the Control of Pollution in the Straits of Malacca
and the arrangement must be straits States implement and enforce - Modalities of International Co-operation, 2-3
framed so that it does not to appear the International Convention for the September 1996, The Regent, Singapore. The
papers from the 1996 Singapore Conference on
to be a diminution of the sovereignty Prevention of Pollution from Ships the Straits of Malacca and Singapore are published
of the straits States in their territorial (MARPOL) regulations. in (1998) 2 Singapore Journal of International and
Comparative Law 233-556. The Rapporteur’s
waters. On the other hand, if the
Reports from the 1996 Conference are also available
management system can be devised However, if Article 43 is to be on the web page of the Society of International
to give contributing stakeholders a implemented, action must be initiated. Law, Singapore (SILS). Avail from: http://
www.sils.org/seminar/1996-straits.htm.
voice in how the funds are utilized, At the 1999 Singapore Conference, the
they are more likely to support it. consensus was that the responsibility International Maritime Organization. IMO meeting
encourages regional agreements on anti-piracy
to initiate action to address these
measures. Avail from: http://www.imo.org./
Fourth, a consensus must be issues rests with the three concerned Newsroom/contents.asp?topic id=67&doc id=1060
reached on what role the IMO should straits States. However, no action
Malacca Strait Council. Principal Aids to Navigation in
play in the abovementioned process. seems to have been taken by the three the Straits.
In view of the importance placed on straits States since the 1999 Singapore

July 2001 23
By
Koji Sekimizu
Director, Marine Environment Division
The Marine Electronic
Jean-Claude Sainlos
Senior Deputy Director, Marine Environment Division
Highway in the Straits of
James N. Paw
Technical Officer , Marine Environment Division
Malacca and Singapore -
International Maritime Organization
London, U.K.
An Innovative Project
Introduction
for the Management
The bulk of world trade, in tonnage terms, is of Highly Congested
transported by ships and will remain so for many
years. Economic development in many parts of the and Confined Waters
world such as in the Asia-Pacific region will exert
tremendous pressures on the maritime industry,
especially on future energy demands. Such pressures
will have a bearing on the aging fleet of the maritime
industry and the ban on single hulled tankers,
burgeoning coastal populations, and the need to
address marine pollution from land- and ship-based
sources. Hence, a shift in policy and strategy will be
required to improve shipping operations including the
adoption of new technologies and management
This photo collage
systems to enhance navigational safety and minimize attempts to
pollution risk but ensure better commercial demonstrate, in
simple terms, the
performance. It will also require a coherent benefits of a marine
monitoring and response programme within a multi- electronic highway to
navigational safety.
sectoral setting as marine pollution has transboundary
implications in addition to social, legal and economic Source:
Strategic Ventures Corporation
dimensions. This is particularly important in highly
Advancements in information technology
congested and confined sea lanes with high have significant impacts on the shipping industry.
biodiversity such as the Straits of Malacca and Many of the newer commercial vessels are equipped
Singapore. Thus, the sustainability of the maritime with electronic navigational charts (ENCs) –
industry and the need to ensure clean seas will require electronic chart display and information systems
coordinated and collaborative efforts among key (ECDIS) including an integrated bridge system.[2]
stakeholders at the local, national and international However, the majority of the present world fleet still

levels. Key determinants that ensure the effectiveness uses paper charts for navigation. The slow
adoption of new technologies by the shipping
of such efforts are the availability and management of
industry is due to several factors such as capital
up-to-date and reliable marine information.[1]
24 Tropical Coasts
outlay requirement, training of A shift in policy and strategy will
mariners and limited sea area
coverage of current ENCs. The
be required to improve shipping
developments of maritime safety operations including the adoption
technologies are generally
industry-driven and in adherence of new technologies and
to standards and performance
criteria (e.g., International
management systems to enhance
Organization for Standardization
[ISO], International Electrotechnical
navigational safety and minimize
Commission [IEC], IMO and pollution risk but ensure better
International Hydrographic
Organization [IHO]). Demonstrating commercial performance.
the benefits of electronic navigation
will most likely be initially based on TTable
able 1. Some eexamples
xamples of eexisting
xisting facilities and information
efforts of individual maritime technologies that are in place along the Straits of
companies and pilot projects in Malacca and Singapore for maritime safety and
certain ports or sea areas. The environment protection and management.
realization of such benefits could
Facility and Information Coverage in the Straits
hasten the adoption of electronic Technology Indonesia Singapore Malaysia Straits-Wide
navigation, in particular wider
VTS 3 3 3 3
coverage of ENCs and adoption of Radar System 3 3 3
ECDIS and automatic identification ENCs 3 3 3
DGPS Broadcast Systems 3 3
systems (AIS) by all vessel types.[3] STRAITREP 3 3 3 3
Ship Routeing System 3 3 3 3
GMDSS 3 3 3 3
Information technologies on GIS-based Environmental Database 3 3 3 3
environmental management and Pollution Dispersion Model 3
Oil Spill Trajectory Model 3 3 3 3
protection, especially for coastal
Source: PEMSEA
and marine areas applications are
numerous and cater to various
sectors and levels. Unlike maritime The Concept of a Marine technologies and environmental
safety technologies, adherence to Electronic Highway management systems will result
standards and performance criteria in improved performance (e.g.,
by environmental information Advancements in information improve situational awareness
systems is less rigorous. technology and Internet connectivity of mariners and achieve optimal
are changing the way information is underkeel clearance, enhance
Although maritime safety and used by the maritime sector although emergency response), new
marine environmental a large part is still focused on local capabilities (e.g., online and real
management technologies are and autonomous applications. The use time communication, enhanced
distinct in terms of application, of information systems in more monitoring system) and
systems integration is possible. mature and expansive applications innovative applications (e.g.,
This is the underpinning of the such as in a marine electronic highway integrated modelling/forecast,
marine electronic highway. that integrates maritime safety risk-based management).

July 2001 25
Advancements in information
technology and Internet connectivity be transmitted and/or received,
thereby facilitating ship movement,
are changing the way information is particularly in restricted or congested
waterways as well as during inclement
used by the maritime sector although conditions. Currently, AIS is mainly for

a large part is still focused on local basic ship information exchange.


However, future developments may

and autonomous applications. include other relevant information


such as weather data. With AIS or
The Marine Electronic Highway safety, precision navigation and similar facility, information flow could
(MEH) is envisioned to be a regional emergency response. Precision be real time, forecast, archived data,
network of marine information navigation shall be the backbone of and monitoring/time lag data. The
technologies linked through the the MEH upon which all the presence of a network of
ENCs-ECDIS. The availability of technological platforms would be meteorological centers such as the
differential global positioning integrated commencing with the South East Asian Centre for
system (DGPS) with accuracy of 1
[4]
ENCs-ECDIS (Figure 1). Precision Atmospheric and Marine Prediction
to 5 meters enhances the navigation consists of onshore, sea- (SEACAMP) could provide higher
navigational accuracy of ENCs- based and ship-based facilities from resolution local weather conditions or
ECDIS, especially in congested and which information and data flow into forecasts that could be transmitted
confined waters. the network. Such facilities include through the AIS allowing mariners to
transponders [5]
such as an AIS and evaluate the weather conditions along
Although the MEH is still being onboard access to the Internet. their route.
defined, some of the basic
components can be outlined. From With AIS, real time information For environmental protection and
a technical standpoint, the MEH has can be automatically provided to and/ management, four categories are
two components, namely maritime or received from appropriately identified that have a bearing on the
safety, and environmental protection equipped shore facilities or other marine and coastal environments:
and management. Within maritime ships. With enhanced AIS, environmental monitoring, protection
safety, three categories are hydrographical and oceanographic and management, emergency
recognized, namely, navigational data including weather conditions can response and risk/damage

Figure 1. The Marine Electronic Highway is the integration of maritime safety


technologies and marine environment management and protection
with precision navigation as its backbone.

Source: PEMSEA

26 Tropical Coasts
Figure 2. Marine Electronic Highway FFunctional
unctional Diagram.
Some eexamples
xamples of system integration in MEH and
the flow of information from various platforms.

in situ obs.

Source: PEMSEA

assessment. Currently, the will include new technologies, agreements and treaties, legal,
technologies being utilized for applications and management institutional and administrative
environmental protection and approaches. For the MEH to work arrangements and political
management are numerous with effectively, system integration considerations are the non-
varying data formats. However, between maritime safety technologies technical aspects of the MEH that
integrated systems are already in the and environmental information will have to be identified, assessed
market, such as GIS linked to other systems must never interfere with and integrated into the system.
systems, providing a wide range of precision navigation. Other issues
applications. include security of online
transactions, communication traffic, The Marine Electronic
The integration of the maritime access costs, and protection against Highway PProject
roject
safety component with the cyber crimes. Some of the possible
environmental protection and systems within the MEH are illustrated The Global Environment
management technologies will be the in Figure 2. Facility (GEF)/United Nations
foundation of the marine electronic Development Programme (UNDP)/
highway. This technical integration Sustainable financing IMO Regional Programme for the
will be built from the perspective of mechanisms, obligations associated Prevention and Management of
end-users and their requirements and with accession or ratification of Marine Pollution in the East Asian
is one aspect of the MEH system. It international conventions, protocols, Seas (MPP-EAS) initiated

July 2001 27
The use of information systems in
Essentially, the Malacca Straits
more mature and expansive MEH will consist of physical

applications such as in a marine infrastructure, hardware and


software, processes and resources

electronic highway that integrates focusing on both navigational safety


and transboundary marine pollution
maritime safety technologies and prevention. The system will also

environmental management systems include economic, legal and


institutional mechanisms that will

will result in improved allow it to be fully functional,


efficient and sustainable, without
performance..., new capabilities... compromising public welfare.

and innovative applications...


P roject Objectives

The Regional MEH Project will


discussions on the need for an While the general outline of the have three phases:
enhanced information technology MEH had been discussed in various fora
system in the Straits of Malacca and and by the major users (e.g., shipping Phase 1 - Setting up a prototype
Singapore to address navigational companies, oil spill responders, system in the Straits of Malacca
safety and transboundary marine environmental agencies), there are and Singapore;
pollution issues in 1996. other aspects that need to be Phase 2 - Network construction
considered: in priority waters from the
In 1997, the Strategic Ventures Straits to Sea of Japan/East Sea;
Corporation (SVC), a private company · Who will the other users of the and
based in Canada, completed a pre- highway be and what are their Phase 3 - Completion of the
feasibility study for the World Bank on needs? entire network with emphasis
the Southeast Asia MEH focusing · What technologies and services on oil and gas transportation
primarily on the public sector. The currently available among the three routes.
following year, the International littoral States will meet the needs of
Finance Corporation (IFC) identified users? The immediate objective is to
commissioned a feasibility analysis of · What new technologies and services reach consensus among interested
the MEH, this time giving emphasis on will be required and how will they be stakeholders on the development
the private sector. Using the inputs of packaged as part of the MEH? and implementation of a regional
both studies, the MPP-EAS prepared · Who will provide these new MEH. This period will also be used to
the Project Preparation and technologies and services? collect additional information
Development Facility (PDF) Block B · What mechanisms will allow these necessary to effectively plan the
Application (for grants up to US technologies and services to second phase, and conduct an early
$350,000), which was reviewed and operate efficiently and profitably analysis of a potential third phase. It
endorsed by the Governments of within the MEH network? will be followed by the refinement of
Malaysia and Indonesia, and · What are the financial implications the Project Brief and the
submitted to the GEF. of such technologies and services? development of a project document

28 Tropical Coasts
The integration
that will be the basis for the partnerships as vehicles for
implementation of the first phase. successfully developing, of the maritime
The developmental objective of
financing, constructing and
operating the MEH as a self-
safety component
Phase 2 is to implement, through an sustaining, revenue-generating
with the environ-
“appropriate institution” a regional MEH, enterprise; and
commencing in the Straits of Malacca and mental protection
Singapore. GEF has allocated a Project 4. Institutional arrangements
arrangements,
Development Facility (PDF) Block B grant with agreements among and management
to develop a Project Brief on Phase 1. The
World Bank is the implementing agency
participating parties on the
administrative, legal, financial
technologies will
with the IMO as the executing agency of and operational aspects of a be the foundation
the PDF Block B Grant. “managing tool,” which will be
responsible for implementing of the marine
the first phase MEH project.
Strategies and Approach electronic highway
highway..
To achieve the objective of the
The MEH Project consists of three PDF Block B and pave the way for the
components, namely, maritime safety, implementation of the first phase to be called a National Steering
environmental protection and MEH in the Straits of Malacca and Committee shall galvanize and
management, and sustainable financing. Singapore, several strategies and coordinate such efforts. Additional
Four key issues are fundamental to approaches are envisaged. institutional arrangements shall be
advance MEH technology in the Straits of undertaken such as assigning a
Malacca and Singapore, namely: Stak eholder PParticipation
Stakeholder articipation lead agency and a National Focal
and PPartnership
artnership Point.
1. Information technology
technology,
specifically integrating existing The MEH Project entails At the regional level, the
technologies and capacities with new building consensus among relevant Project Steering Committee shall
and innovative ones while focusing and interested stakeholders at the be composed of the National Focal
on the specific needs of users within local, national and regional levels. Points, the GEF/World Bank and
the three countries as well as other One of the mechanisms to involve IMO. Potential members are from
users; stakeholders is the establishment of the private sector (i.e., technology
national and regional steering providers and users), shipping
2. Socio-economic benefit to the committees. industry and special bodies like the
governments, industry/private Tripartite Technical Experts Group
sectors, and civil society as a Each country shall define the and user States. Observers from
consequence of the proposed MEH MEH technology and the existing/ interested institutions and
technology; available systems and capacities. In organizations are invited to
doing so, they shall contribute to participate in technical sessions.
3. Financing mechanisms/ MEH development including potential Over time, certain private sector
investment potential
potential, including uses/users, benefits and obligations. groups will be members of the
the establishment of interagency, The establishment of an inter- Project Steering Committee where
intergovernmental and inter-sectoral sectoral and inter-ministerial body a “managing tool” shall emerge.

July 2001 29
...the sustainability of the maritime management shall also be identified and
industry and the need to ensure clean assessed including gaps and constraints
to system integration, operation,
seas will require coordinated and management, maintenance and

collaborative efforts among kkey


ey sustainability.

stak eholders at the local, national


stakeholders For the regional MEH, a similar
approach shall be adopted. However,
and international levels. additional considerations include the
existing/available regional infrastructure
and mechanisms, contributions of user

Aside from providing a Action Plans, GEF PProject


roject Brief States and international bodies including

technical description, the Action Plan and W orkshops


Workshops obligations, constraints and gaps arising

for a regional MEH shall also include from Article 43 of the UNCLOS and other

an estimate of investments and The development of the technical international instruments.

operating costs, assessment of the description of the MEH and its financial
economic impact potential and components as well as the legal and Multisectoral TTeam
eam of Experts
market sector analysis (i.e., users, institutional arrangements will be dealt
their needs and willingness to pay), with at several levels. At the national level, Three national action plans

among others. Apart from the each littoral State shall identify and (Indonesia, Malaysia and Singapore) and

design of the “managing tool,” describe all mechanisms already in place a regional action plan shall be developed

proposals shall be prepared to in the Straits of Malacca and Singapore based on the abovementioned

include an implementation plan, an that are within their territorial jurisdiction. processes. A multisectoral team of

operational plan, evaluation of This shall include technologies/ experts recruited for the Project together

incremental cost and identification of infrastructure, regulating instruments, with a Project Manager shall develop the

co-financing. The participation of capacity, budgetary allocation, action plans in close consultation with

user States in the development of the management systems, operation and the governments and the Project Steering

MEH, particularly as regards maintenance modalities, etc. relating to Committee. The regional Action Plan

sustainable financing, shall take into maritime safety and environmental shall also include an implementation and

account the provisions of Article 43 protection/management. operational plan for the first phase and

of the United Nations Convention on an initial implementation plan for the

the Law of the Sea (UNCLOS) since In addition, gaps, constraints and second phase.

part of the Straits of Malacca and benefits derived from these mechanisms
Singapore is an international sea will also be quantified. The level of Review, validation and refinement

lane.[6] interagency coordination and cooperation will be carried out for each action plan at
as well as system integration shall be the national and regional levels through
R efinement of the MEH critically assessed to determine the workshops. Two national workshops will
Concept technical, legal, institutional, financial and be undertaken by the Project while a
management barriers and how to third one will be organized by Singapore.

The PDF Block B Grant will define overcome them.


the technical specifications of a The regional workshop aims to

regional MEH for the Straits of Potential technologies and develop consensus on the first phase of

Malacca and Singapore including mechanisms to enhance maritime safety the regional MEH and formulate an

other components. and environmental protection/ implementation plan that will assist the

30 Tropical Coasts
stakeholders in addressing and overcoming any gaps and
Sustainable financing mechanisms,
barriers associated with the construction and operation of a obligations associated with
full-scale MEH system.
accession or ratification of inter
inter--
Status of the MEH PProject
roject national conventions, protocols,
On 7 November 2000, the World Bank approved, in agreements and treaties, legal,
principle, the PDF Block B Grant. IMO initiated start up
activities such as the holding of consultative meetings with
institutional and administrative
relevant government agencies in the three littoral States, arrangements and political
establishing country organizational framework, preparing for
the first Project Steering Committee Meeting and recruiting
considerations are the non-
project personnel. A Letter of Agreement was signed on 12 technical aspects of the MEH that
March 2001 between the World Bank and IMO to implement
the PDF Block B Grant. will have to be identified, assessed
In 19 to 20 March 2001, the first Project Steering
and integrated into the system.
Committee Meeting was held in Putrajaya, Malaysia. The
E n d n o t e s :
meeting achieved the following:
[1] In the context of this article, marine information is a broad collection of diverse types of
information associated with activities in the coastal and marine environments such as
· Establishment of the Project Steering Committee; shipping, fishing, coastal and marine management, marine conservation, maritime crime
· Assurance of firm commitments from the governments prevention, marine pollution response and prevention, etc.
of Indonesia, Malaysia and Singapore to the MEH Project; [2] Such a system involves the automated collection, processing and display of the ship’s
· Approval of Terms of Reference of the Project Manager navigation and other sensor data in order to maximize watch bridge efficiency and
navigational safety. Electrotech Australia. 2001. Avail from: http://
and three Technical Consultants ; www.electrotech.net.au/navigation/.
· Initial review of the curriculum vitae of candidates for the
[3] Regulation 19 of Chapter V of the International Convention for the Safety of Life at
Project Manager and the three Technical Consultants ; Sea (SOLAS) requires AIS to be fitted aboard all ships of 300 gross tonnage and upwards
and engaged on international voyages, cargo ships of 500 gross tonnage and upwards not
engaged in international voyages and passenger ships irrespective of size built on or
· Agreement on the work plan. after 1 July 2002. Similar ships constructed before 1 July 2002 will also be required but
at varying dates (beginning 1 July 2003 but not later than 1 July 2008).
The recruitment of the Project Manager and Technical [4] DGPS is a radio navigation system that receives satellite generated positioning
Consultants has been accomplished. [7]
The implementation of information. This system calculates real-time corrections to that information based on
its known positioning and then transmits those corrections over select marine radio
the remaining five project activities, meanwhile, is underway. beacon transmitters to users located in the transmitter’s coverage area. U.S. Coast Guard.
Understanding DGPS. Avail from: http://www.uscg.mil/reserve/magazine/mag1996/.
Conclusion [5] These are electronic circuits that are attached to an item whose position or presence was
to be determined. Transponders News. Avail from: http://rapidttp.com/transponder/.
MEH provides a host of potential opportunities and [6] Please see Prof. Robert C. Beckman’s related article entitled “Using Article 43 of UNCLOS
benefits not only for the shipping industry, but also to a to Improve Navigational Safety and Prevent Pollution in International Straits,” which
is found on pages 18 to 23 of this issue. Ed.
variety of users. Its application may be extended to
environmental management programs, search-and-rescue [7] For more details, refer to the news brief on the personnel hired for the MEH project
found on page 61 of this issue. Ed.
operations, anti-piracy programme, environmental impact
assessment, and fisheries/aquaculture management, among R eference for Photo on PPage
age 24 :
others. The implementation of the MEH Project and the
Strategic Ventures Corporation. The South East Asia Marine Electronic Highway. A report to
lessons to be learned will thus be much anticipated. the World Bank (June 1997).

July 2001 31
The Shihwa Declaration
RECOGNIZING, the sustainable use and wise
on Sustainable Coastal management of coastal resources in Shihwa Lake
are essential to vitalize the local economy and to
Use and Environmental enhance the quality of life of both the local
residents and the residents of Seoul Capital
Protection Metropolitan area;

RECOGNIZING, that the unique natural and cultural


features of Shihwa coastal area need to be
preserved as a national heritage;
RECOGNIZING, that coastal resources have
played an essential role in the economic RECOGNIZING, that the cooperation and
development and social well-being of Korea; and commitment of relevant stakeholders, including
that the sustainable use of coastal resources is national and sub-national governments, the
directly linked to the health of the coastal private sector, civil society groups and local
ecosystem; residents, are essential for the successful
restoration of Shihwa coastal environment and the
WHEREAS, the coastal area of Korea has often revitalization of the local economy;
been the site of multi-agency and multi-sector
conflict resulting in overexploitation of coastal THEREFORE, on the occasion of the MOMAF-
resources and the degradation of their resource PEMSEA Regional Workshop on Shihwa Management
base; Strategy and Regional Initiatives for Coastal
Environmental Management held in Seoul, March
WHEREAS, the creation of Shihwa Lake is a result 15-16, 2001, we, the Ministry of Maritime Affairs
of a land-oriented coastal development policy and Fisheries, the Provincial Government of
and inadequate integrated planning and Kyonggi, the City Government of Ansan, the City
management of resource use and the Government of Siheung, and the County
degradation of environmental quality of Shihwa Government of Hwasung, hereby pledge to ensure
Lake has raised the awareness of the general the sustainable use of coastal resources and
public and governments on the significance of environmental protection of Shihwa Lake for the
long-term integrated planning and the value of primary benefit of Shihwa coastal communities by:
balancing economic development and
environmental conservation; · Endorsing policies that promote and enhance
sustainable development of the Shihwa coastal
WHEREAS, the general public has begun to area;
understand that the coastal wetland is not a · Restoring Shihwa Lake water quality by effectively
wasteland but a precious natural resource controlling land-based pollution in the watershed
serving society by absorbing pollutants, of the Shihwa area, by optimizing seawater
providing nursery and feeding grounds for fish circulation, and by cleaning-up polluted
and birds, buffering against coastal hazards and sediments, under the principles of precautionary
protecting life and property; approach and integrated management;

34 Tropical Coasts
· Developing the spatial use plan of Shihwa Lake · Promoting the involvement of all the
and adjacent areas in accordance with the stakeholders in the development and
carrying capacity of the environment; implementation of a Shihwa integrated
· Protecting coastal wetland and habitats and management plan, particularly local
preserving the cultural and archeological assets communities;
as a national heritage; · Promoting a multidisciplinary research approach
· Developing and implementing a comprehensive involving ecological, economic and other social
integrated and inter-sectoral management plan sciences to holistically address management
of Shihwa coastal resources and environment problems in the Shihwa coastal areas;
based on partnerships with and commitments of · Developing and implementing a long-term
relevant stakeholders at both national and local integrated monitoring plan for effective control
levels; of environmental and resource degradation;
· Developing a coordinating mechanism for · Sharing and adopting wise experiences from
managing Shihwa Lake involving governments, international agencies and other countries for
the private sector, civil society groups, and other improved management of the coastal
concerned stakeholders; environment and its resources; and
· Strengthening management capacity of relevant · Providing an appropriate institutional framework
agencies, particularly at the local level, for to effectively engage concerned stakeholders for
effective management of the coastal environment the protection and sustainable use of the Shihwa
and resources; coastal area.

SIGNED March 15, 2001, on behalf of:

Mr. Lee Young Woo Mr. Lyu Do Hyeong


Director General Director
Bureau of Marine Policy General Agriculture Fisheries
The Ministry of Maritime Affairs and Fisheries The Provincial Government of Kyonggi

Mr. Park Sung Kyu


Mayor
The City Government of Ansan

Mr. Back Chung Su Mr. Woo Ho Tae


Mayor Magistrate
The City Government of Siheung The County Government of Hwasung

J u l y 2 0 01 35
Captain Mark Heah Eng Siang
By

Deputy Director
Natuna Sea Incident -
Singapore’s Experience
Port Division and Shipping Division
Maritime and Port Authority of Singapore

Introduction 0 5 10 km
Sungai
0 5 10 ml Johor
Singapore, an island nation and home to the MALAYSIA
world’s busiest port, is situated at the crossroads
of major shipping lanes linking the east and west. Johore
Strait
It is next to the Strait of Singapore, which serves Pulau
Ubin
as an important route for Very Large Crude Woodlands
Seletar
Carriers (VLCCs) travelling to and from East Asia.
Changi
The Port of Singapore received more than Pulau
Tekong
145,000 vessel calls totalling some 910 million Jurong Bedok

gross tons in 2000. Being an important oil- SINGAPORE

refining centre and the world’s top bunkering Pulau


port, it receives more than 15,000 tankers each Bukum Sentosa
St r
ait
re
year. It also sold some 18.7 million tonnes of o
a pNatuna Sea
n g
bunker fuel in 2000. Thus, its exposure to oil S
i

pollution risk is much higher than most ports in INDONESIA


Main St rait
the world. Pulau Batam

The site of the incident.


Conscious of the port’s vulnerability, the Maritime Source: Maritime and Port Authority of Singapore.

and Port Authority of Singapore (MPA) has


proactively sought to prevent oil spill incidents Nearly three years after the crude, ran aground off the
and prepare itself for oil pollution clean up Evoikos spill, on the morning of 3 Indonesian island of Batam. As a

action. To achieve this, MPA strictly enforces October 2000, the 51,096 gross result, some 7,000 tonnes of her
ton tanker Natuna Sea, carrying cargo spilled into the Strait of
international conventions for oil pollution
some 70,000 tonnes of Nile Blend Singapore.
prevention, implements and enhances various
navigational safety measures, and maintains the
Singapore had ratified the following international conventions
highest state of readiness to respond to any relating to oil pollution prevention:
emergency at all times. This proactive approach
• International Convention for the Prevention of Pollution from Ships
had put the port in good stead when the oil
(MARPOL 73/78):
tanker Evoikos spilled some 28,500 tonnes of
heavy marine fuel oil into Singapore waters on - Annex I - Prevention of Pollution by Oil
- Annex II - Control of Pollution from Noxious Liquid Substances
15 October 1997. The spill was Singapore’s - Annex III - Prevention of Pollution by Harmful Substances in Packaged Form
largest oil spill. Because of the country’s - Annex V - Prevention of Pollution by Garbage from Ships
preparedness, the oil slick was cleaned up within - Annex VI - Prevention of Air Pollution from Ships
a record time of three weeks. The port continued
• International Convention on Oil Pollution Preparedness,
with its activities without any disruption. Response and Co-operation
36 Tropical Coasts
Responses
The round-the
round-the-- clock
clean up operations
Upon receiving the information,
the MPA responded immediately. The
Before the oil slick moved into
the port, preventive measures were
involved some 60 craft
Singapore Vessel Traffic Information
Service (VTIS) started warning ships
set in place at sensitive areas such as
the fish farms, beaches, underwater
and 400 personnel
and promulgated safety warning sea-world and sea water intake points from 17 organisations
broadcasts. MPA activated its Marine for cooling purposes. Aware that Nile
Emergency Action Procedure (MEAP) Blend crude oil would become too including ministries,
Oil Spill Contingency Plan. The
Emergency Operations Committee
thick if not acted upon quickly, the
MPA immediately planned for an
governmental
(EOC), chaired by MPA’s Director-
General, was convened to clean up
aerial dispersant spraying operation
agencies, major oil
to be conducted in the afternoon of
the massive oil spill. Indonesian and the same day of the grounding. Time companies, oil spill
Malaysian authorities were promptly is of the essence and quick response
notified as part of the Standard to the large extent of the spill was response companies,
Operating Procedures for Joint Oil
Spill Combat in the Straits of Malacca
very crucial. Therefore, aerial
spraying was a key strategy for
salvage companies
and Singapore. combating the oil spill as it could and contractors.

The Marine Emergency Action


Procedure (MEAP) details the response
procedures for all marine incidents
such as oil pollution, shipboard fire,
grounding, collision and sinking.
Government agencies and private
organisations are parties to the MEAP
Their roles and responsibilities are
listed in the MEAP . MPA is the
custodian of the MEAP and co-ordinates
all responses rendered by each party.

The Standard Operating


Procedures for Joint Oil Spill Combat
in the Straits of Malacca and Singapore
(SOP) is a document containing the
operating procedures in response to an
oil pollution incident in the Straits. It
was developed by the littoral States of
Indonesia, Malaysia and Singapore.
The SOP facilitates oil spill response
and information dissemination.
The Natuna Sea.
Source: Maritime and Port Authority of Singapore.

July 2001 37
Ship-to-ship transfer of the
remaining oil from the Natuna Sea
was conducted, cargo removed,
and oil booms placed around the
vessel to contain any new leaks
from damaged tanks. Anti-
pollution craft were also kept on
standby around the Natuna Sea.[2]
The tanker was re-floated success-
fully on 12 October 2000 and
The Evoikos.
Source: Maritime and Port Authority of Singapore. towed to a safe anchorage in
Indonesian waters. Six tugs, nine
other vessels and as many as 100
technicians, were involved in the
effectively cover a very large sea area few other islands in the south, the re-floating and towing operation
in a very short time. Aerial spraying East Coast Park beaches, western and co-ordinated by the EOC and
was carried out by fixed wing aircraft eastern anchorages. The round-the- MPA’s Port Operations Control
in the sea area south of the Traffic clock clean up operations involved Centre. Marine traffic in the
Separation Scheme of the Singapore some 60 craft and 400 personnel Singapore Strait was not impeded
Strait. It was the first time such aerial from 17 organisations including and no further spillage was
spraying of dispersants was ministries, governmental agencies, reported.
conducted in the Singapore Strait. major oil companies, oil spill
This boosted surface spraying of response companies, salvage The Strait and port waters
dispersants. Unfortunately, another companies and contractors. were cleaned on 19 October 2000,
aerial dispersant spraying operation after two weeks of intensive
planned for the following morning With dispersants having no operations. Beach and shore
was delayed and subsequently further effect, the strategy shifted to cleaning operations, however,
aborted because of difficulties with corralling thickened oil and tar-balls continued until 22 November
experts from the International using oil booms for recovery by grab 2000.
Tanker Owners Pollution Federation cranes. Some 72,000 litres of
Limited (ITOPF).[1] The planned dispersants and more than 1,300
second aerial spraying was a missed metres of oil booms were used. The Success FFactors
actors
opportunity. entire clean up generated some 920
metric tons of oily wastes that were MPA’s ability to swiftly put its
As expected, the insufficiently disposed of at approved reception well-exercised contingency plan
dispersed oil slick in the Strait facilities. into action contributed positively
thickened. “Tar-balls” (hardened to the success of the clean up
lumps of the untreated spilled oil) hit While cleaning progressed, operations. Quick and round-the-
popular beaches of Sentosa and a lightening the Natuna Sea took place. clock effective responses had

38 Tropical Coasts
minimised marine environmental Six tugs, nine other vessels
damages and economic losses.
Other success factors were: and as many as 100
(a) Multi-pronged action
technicians, were involved
in the re -floating and
re-floating
This included, exploiting
information technology, e.g. using towing operation co co--
the MPA’s OilMap (Computerised Oil
Spill Model) to predict the oil slick
ordinated by the EOC and
movement and plan future
responses, MPA’s network of closed-
MP
MPAA’s PPort
ort Operations
circuit television for pictures and Control Centre.
locations of the oil, twice-a-day aerial
reconnaissance, close consultation
and co-ordinated execution of the
following clean up strategies: water and the upper edge of the (c) Media Management
side of a boat) bumboats with
(1) isolating the spill source by workers on board to manually Responses and updates to local
pumping out the remaining oil in scoop up the oily waste. and foreign media were transparent,
the breached tanks while prompt and regular. This had helped
lightening the grounded tanker; (b) Communication to minimise media speculation and
reassure the public that the situation
(2) protecting sensitive areas by There were effective and was under control.
booming; efficient communication links
among all units. Regular
(3) dispersing the oil using consultation and meetings were Lessons Learned
dispersants; held to update every party
involved and plan for future The Natuna Sea incident tested
(4) conducting aerial dispersant actions. For instance, warnings MPA’s responses and measured its
spraying to complement and periodic updates were given progress in oil spill management.
spraying from surface craft; and to owners and operators of Lessons from the Evoikos incident
places sensitive to oil spills, such were well learned. For example, as a
(5) containing and recovering the oil as fish farms, water intake points result of the Evoikos incident,
by booming, trawling with nets of oil refineries and power plants, shipowners’ response in the Natuna
and snare booms and using water treatment plants, and Sea incident had improved after
flotsam retrieving craft, recreational areas.[3] Indonesian numerous MPA meetings with the
retrofitted low-freeboard (the and Malaysian counterparts were shipping community and oil
difference between the level of kept updated of the situation. industry.

July 2001 39
MP
MPA A’s pollution risk As the oil slick in the Strait was not sufficiently
dispersed, it hardened into lumps, i.e., “tar balls”
management approach of and wastes glued to oil. These flowed into
Singapore waters on every turn of the tide. A large
prevention, preparedness specialised oil recovery vessel was put out of action

and response has work ed


worked with pumps choked with tar balls and thick oily
wastes. Although there was an aerial dispersant

well in the Evoikos and spraying operation, there would have been more oil
dispersed had the second aerial dispersant
Natuna Sea incidents. spraying been conducted as planned.

However,, the shipmaster


However Flotsam and garbage retrieval craft were

and his officers should play found to be most effective in recovering lumpy oil
and wastes. The prompt retrofitting and deploy-

the most important role to ment of such craft helped in the speedy clean up
operations and minimised damage. More such
safeguard the marine craft will be retrofitted for combating oil spills in

environment from oil the future.

pollution. Human error has Swimming lagoons and other oil spill sensi-
tive areas should, wherever possible, have fixed
been a kkey
ey culprit for many securing points for holding oil booms so that
response craft need not be deployed to hold
such disasters. booms but for other useful clean up work.

Corralling oil and recovery


using grab cranes.

Source: Maritime and Port Authority


of Singapore.

40 Tropical Coasts
The Natuna Sea’s managers had quickly
engaged oil spill response companies and
No matter how effective
consultants to support the clean up operations. Not the clean up action,
all tanker owners and managers are committed and
act responsibly to this extent. As time is of the prevention is still better
essence when conducting a clean up operation, the
services of an oil spill response company should be
than cure. There is a need
immediately engaged. Tanker owners and
charterers which operate tankers navigating in the
to continually work
Strait and Port of Singapore are therefore strongly together to enhance
advised to have prior arrangements with oil spill
response organisations based in Singapore to navigational safety and
enable swift remedial actions in an oil spill.
keep the marine
Conclusion
environment clean.
MPA’s pollution risk management approach of
prevention, preparedness and response has worked
well in the Evoikos and Natuna Sea incidents.
However, the shipmaster and his officers should
play the most important role to safeguard the
marine environment from oil pollution. Human
error has been a key culprit for many such
disasters.
Dispersant spraying by
surface craft.
Two weeks were spent on cleaning up the oil
Source: Maritime and Port Authority
pollution caused by the Natuna Sea. The beach of Singapore.
cleaning took a longer time. It was costly. Yet the
parties who have contributed to the successful
Endnotes:
operations still have to wait to be compensated.
Thankfully, for this incident, the Natuna Sea owners
[1] International Tanker Owners Pollution Federation Limited, a
and the Protection and Indemnity Club (that insures
non-profit organization of owners and bareboat charterers
the third party liability of shipowners) have ex- of tankers, combination carriers and barges, provides advice
pressed assurance of quick compensation. on the most appropriate clean up response during an oil
pollution incident, upon the request of a Protection and
Indemnity (P & I) Club or the International Oil Pollution
No matter how effective the clean up action, Compensation Fund. White, Ian C. 2000. Facilitating the
Speedy Payment of Oil Spill Compensation Claims Under the
prevention is still better than cure. There is a need
CLC and FUND Convention. 7 Tropical Coasts 1:4-11, 51.
to continually work together to enhance naviga-
tional safety and keep the marine environment [2], [3] Maritime and Port Authority of Singapore. Avail from:
www.mpa.gov.sg/homepage/pressreleases/001007-b.html.
clean. File: Oil Tanker Runs Aground Off Batu Berhanti Beacon (9th
Update) [7 October 2000].

July 2001 41
Ballast Water
By
Dandu Pughuic
Chief TTechnical
echnical Adviser
GloBallast Project Coordination Unit
International Maritime Organization (IMO)
London, U.K. Management
and Control:
History and Background

Since the introduction of steel hulled vessels around 120 years

An Overview
ago, water has been used as ballast to stabilize vessels at sea.
The amount of ballast carried on board ranges from several
hundred liters to more than 100,000 tons, depending on the
size and purpose of the vessel. Global shipping transports over
80 percent (IMO, 1997) of the world’s commodities and in the
process, transfers around 10 billion tons of ballast water across
regions each year (IMO, 1997).

Ballast water is pumped-in to maintain safe operating


conditions throughout a voyage. This practice reduces stress on
the hull, provides transverse stability, improves propulsion and
maneuverability, and compensates for weight lost due to fuel
and water consumption. Since all ships are designed for a
certain weight range, ballast is used to compensate for
unloaded cargo.

Tankers and bulk-carriers are the largest vessels existing in the


industry. They normally transport goods on the outward
voyage and use ballast when they return. They then pump-out
ballast water when they load cargo for the next voyage.
Modern ships have several small ballast tanks, which allows
flexibility in handling liquids onboard and ensures better
Ship discharging ballast water.
stability and structural strength. In the case of bulk-carriers
and older tankers (which have a few large tanks), a significant
Source: Steve Raaymakers.

portion of their ballast water is carried in empty cargo holds. The Problem

While ballast water is essential for safe and efficient


Ballast water may contain suspended matter, such as sediment
modern shipping operations, it may pose serious
particles and organic debris. These may form layers in ballast ecological, economic and health threats. There are literally
tanks and cargo holds. The internal structure of a ballast tank thousands of marine species carried in ships’ ballast water.
is extremely complex and allows many locations for sediments These include bacteria and other microbes, small
to become trapped, accumulating during the voyage. In some invertebrates, eggs, cysts and larvae of various species. In
cases, depending on the quality of water in the port of origin, some cases, healthy, living fish have been found in ballast

sediment accumulation in ballast tanks may become severe. tanks.

42 Tropical Coasts
Global shipping transports over
80 percent of the world’s commodities Figure 1.
Cross
Cross-- section of ships showing
and in the process, transfers around ballast tanks and ballast
water cycle.
10 billion tons of ballast water across
regions each year
year..

1
The introduction of invasive highly unlikely that an adult prawn,
marine species into new environ- clam or shellfish will pass through cargo out

ments by ships’ ballast water, in-take filters, their planktonic eggs ballast water in ballast water in
attached to ships’ hulls and via other or larvae could easily get through.
vectors has been identified as one of 1. At source port, unloading cargo,
filling with ballast water (ballasting).
the four greatest threats to the During the last three decades,
world’s oceans. The other three are a significant number of introduced,
land-based sources of marine non-indigenous species have been
pollution, overexploitation of living transported through ships’ ballast
marine resources and physical tanks. As a result, whole ecosys- 2
alteration/destruction of marine tems are being changed. In some
habitat. cases, the economic impacts have ballast tanks full ballast tanks full
cargo hold empty
been devastating. It is even feared
It is estimated that 4,500 that killer diseases such as cholera
different species are carried around could be transported in ballast 2. Voyage, empty of cargo, full of ballast water.

the world at any one time in ballast water. During the 1991 South
tanks. The development of larger American cholera epidemic, the
and faster ships, combined with bacterium that causes the disease
rapidly increasing world trade, was discovered in oysters and fish
reduced natural barriers to the as far away as Mobile, Alabama. The 3
dispersal of species. Greater US Food and Drug Administration
quantities are carried more quickly then sampled the ballast water of 19 ballast water out ballast water out
cargo in
and frequently to a greater number ships arriving in the Gulf of Mexico
of destinations. It is believed that a from Latin America. It found the
marine species invades a new South American epidemic strain of 3. At destination on port, loading cargo,
discharging ballast water (deballasting).
environment somewhere in the world cholera in five of them. Some
every nine weeks. Many species can medical researchers believe that the
be transferred in ballast water strain that caused the epidemic was
because virtually all marine species originally transported from Asia to Source: GloBallast Project Coordinating Unit.

have a planktonic stage in their South America through ballast


lifecycle. This means that while it is tanks. The South American

July 2001 43
spent cleaning fouled water-

It is believed ways and structures.

that a marine Comb Jellyfish

species invades a (Mnemiopsis leidyi)

Don’t let looks deceive you. The


new environment The ctenophore was
introduced to the Black Sea in
North Pacific Seastar may cause
extensive destruction along somewhere in the late 1970s through ballast
Australia’s coastal areas. water coming from North

Source: Commonwealth Scientific and


the world every America. At times, it has
Industrial Research Organisation (CSIRO).
(Used with permission) nine weeks. reached densities of one
kilogram of biomass per
square kilometer throughout
the entire infested area. The
Comb Jelly consumes plankton
epidemic resulted in over a million including oysters, mussels and through filter feeding. Their
reported cases of cholera and over scallops. It poses a potential threat vast numbers in the Black Sea
10,000 deaths (Cohen, 1999). to the commercial shellfish indus- caused massive reductions of
try. plankton in the 1980s and
There have been hundreds or 1990s, which led to the
perhaps thousands of introductions European Zebra Mussel collapse of the anchovy and
through ballast water. The following (Dreisseina polymorpha) sprat fisheries in the region. It
cases are only a few examples, and is estimated that commercial
have been selected due to their severe The Zebra Mussel is a small losses amount to US $500
environmental, economic and human bivalve shellfish, which was intro- million per year, excluding the
health impacts. duced into the North American social problems suffered by
Great Lakes through ballast water traditional fisherfolk. The
North PPacific
acific Seastar from Europe in the 1980s. As an invasion of Mnemiopsis leidyi
(Asterias amurensis) encrusting species, it grows in large has changed the ecology of the
colonies attached to hard surfaces Black Sea, compounding other
This starfish was introduced to such as rocks, wharves, pylons and impacts such as pollution.
Australia in ballast water coming from within industrial cooling water
Japan in the 1980s. It has no natural intake pipes along the shores of the The ctenophore has also
predators or competitors in Australia, Great Lakes. The lack of predators been spotted recently in the
which allows the population to facilitated rapid multiplication and neighboring Caspian Sea,
multiply and spread rapidly, altering dispersal. It currently infests over where economic effects could
the native ecology. The Seastar is a 40 percent of US inland waterways. be even more devastating due
voracious predator and consumes It is estimated that since 1989, to the sensitivity of the local
large quantities of native shellfish more than US$ 5 billion has been environment.

44 Tropical Coasts
During the last 10 years,
the transfer of alien
South East Asian
dinoflagellates invasive species in ships’
(Gymnodinium and
Alexandrium)
ballast water has received
increasing attention....
This is probably one of the
most notorious examples of It is hoped that the
harmful aquatic organisms intro-
duced through ballast water in the
proposed convention will
Asia-Pacific region. The dinoflagel-
lates are microscopic algae which
be agreed upon during
spend a large part of their lives a diplomatic conference
cocooned as extremely tough cysts
in seabed sediments. When in 2003.
environmental conditions are
favorable, the cysts may produce a
motile planktonic organism which is
released into the water column. The The Global Response for the control and manage-
organism then reproduces in great ment of ships’ ballast water to
numbers and may form into so- During the last 10 years, the minimize the transfer of
called “red tide.” These planktonic transfer of alien invasive species in harmful aquatic organisms and
algae contain paralytic toxins, which ships’ ballast water has received pathogens. These guidelines
may be absorbed by filter feeding increasing attention. In 1991, the were adopted by the IMO
shellfish such as oysters, mussels, Marine Environment Protection Assembly in 1997, by resolu-
scallops and clams. When humans Committee (MEPC) of the IMO tion A.868(20). They replace
eat these contaminated shellfish, adopted the Guidelines for Prevent- earlier less comprehensive
paralysis or even death may result. ing the Introduction of Unwanted voluntary guidelines adopted in
Toxic dinoflagellates may be Organisms and Pathogens from 1993. Management and control
transferred when ballast water is Ships’ Ballast Waters and Sediments measures recommended by the
taken during a “red tide” bloom. The Discharges. In 1992, the United guidelines include:
cysts may also be taken and Nations Conference on Environment
transferred from sediments. and Development (UNCED) · Minimizing the uptake
requested IMO to consider the of organisms during
A number of countries have adoption of appropriate, legally ballasting, by avoiding
suffered from this introduction. In binding rules on ballast water areas in ports where
Australia, the commercial oyster discharges to prevent the spread of outbreaks or populations
industry had to be closed down. non-indigenous organisms. of harmful organisms are
Expensive testing and monitoring known to occur, e.g., in
activities are now being carried out The IMO member countries shallow waters and
on a permanent basis. have developed voluntary guidelines in the dark.

July 2001 45
Enthusiastic volunteers standing on
a skiff full of North Pacific starfish at
Sullivan’s Cove, Hobart, Australia
during a clean-up drive.

Source: Center for Research on Introduced Marine


Pests. (Used with permission)

environmental impacts than it


can solve);

· practicability (compatible with


ship design and operations);

· cost-effectiveness (economical);
and

· biological effectiveness.

Recognizing the limitations of


current IMO voluntary guidelines and
the serious threats posed by invasive
marine species, the IMO member
countries are developing a mandatory
international legal regime to regulate
and control ballast water. The IMO’s
· Cleaning ballast tanks and engineering research establish- MEPC and its Ballast Water Working
removing mud and sediments ments around the world. These Group are well advanced in
that accumulate on a regular efforts aim to develop a more developing this regime.
basis. complete solution to the problem.
Options considered include The draft text of the proposed
· Exchanging ballast water at sea filtration and sterilization using international convention for the
before arrival in port, replacing ozone, ultra-violet light, heat control and management of the ships’
it with “clean” open ocean treatment and chemicals. ballast water and sediment recognizes
water. Any marine species the importance of regional coopera-
taken on at the source port are Any control measure devel- tion in achieving the objectives of the
unlikely to survive in the open oped must meet a number of convention. Its accompanying draft
ocean, where environmental criteria, including: regulations provide, inter alia, criteria
conditions are different. for establishing regional ballast water
· safety for the ship and its crew; management areas.
Significant research and
development efforts are underway · environmental acceptability During the last session of MEPC,
in a number of scientific and (not causing more the Working Group reviewed the

46 Tropical Coasts
consolidated text of the draft legal introduction of foreign marine During the second meeting of
instrument and generally agreed with species. Its six demonstration sites the Country Project Task Force
the principles contained therein. To were chosen to represent the main held in January 2001 in Beijing,
facilitate the work needed to further developing regions of the world. A significant progress was noted in
develop the anticipated convention, brief profile of the sites is provided terms of institutional arrange-
the Committee has established a below: ments and planning. With the
“Ballast Water Standards finalization of the National
Correspondence Group,” which will Dalian, China – East Asia Workplan, implementation is ready
submit a report of its work and to commence. A number of
findings to the next MEPC in April The Port of Dalian is located on activities, including port baseline
2002. All IMO member states were the southern tip of Liaodong surveys and compliance monitor-
invited to contribute to the work of Peninsula in the Northeast coast of ing, have been initiated and the
this correspondence group. It is China. It faces the Bohai Sea in the IMO reporting form has been
hoped that the proposed convention west, the Yellow Sea in the east, and successfully adopted in four major
will be agreed upon during a the Shandong Peninsula in the south. ports.
diplomatic conference in 2003.
About 5.5 million tons of The Chinese government is
ballast water was discharged in currently planning a 15-year
GloBallast Programme Dalian Port and its coastal waters in project for the protection of the
1997. This ballast water came from marine environment known as
In addition to the aforemen- ships visiting from Korea, Japan, “Blue Bohai Sea.” GloBallast shall
tioned initiatives, the IMO has joined Southeast Asia and to a lesser extent, provide information on its
forces with the Global Environment from North America and Europe. activities regarding risk assess-
Facility (GEF), the United Nations ment, port surveys and compli-
Development Programme (UNDP), In 1993 and 1994, the prawn ance, monitoring and enforce-
member governments and the farming industry suffered severe ment.
shipping industry to assist less- losses due to an unknown bacterium

industrialized countries to tackle the or pathogen, and prawns died in Mumbai (Bombay), India -
ballast water problem. The full title of great numbers causing a total South Asia
this new programme is “Removal of loss of three billion yuan (around

Barriers to the Effective Implementa- US$ 362,430,000 using the current The Port of Mumbai lies
tion of Ballast Water Control and exchange rate). While no direct midway along the west coast of
Management Measures in Developing correlation has been established India. It possesses a deep harbor
Countries,” or simply the “Global between ship ballast water and losses covering 400 square kilometers.
Ballast Water Management to the fishing and prawn industry,

Programme” (GloBallast). the port is near the farming areas. Many Indian vessels
The proximity of Dalian to valuable departing from Mumbai have been
The programme assists devel- prawn farming areas is one of the cleaning ballast water tanks in the
oping countries in implementing reasons for its inclusion in the high seas on a tank-by-tank basis
effective measures to control the project. for years. The reason for such

July 2001 47
Figure 2.
GloBallast Water Management PProgramme
Water rogramme
D E M O N S T R A T I O N S I T E S Port of Saldanha, South Africa
– Africa
1 Sepetiba Brazil South America
2 Dalian China East Asia
3 Mumbai India South Asia The Port of Saldanha is the

4 Kharg Island Iran Middle East largest port in the southern part of
5 Saldanha South Africa Africa South Africa and covers 7,430
6 Odessa Ukraine Eastern Europe hectares of water area. It is the
country’s deepest port. Located in the
southwest of the country facing the
Atlantic Ocean, Saldanha Bay is
considered to be a highly sensitive
environmental area due to intensive
aquaculture activities near the port.
The surrounding area, meanwhile, has
been declared officially as a “natural
reservation.”

Port of Odessa, Ukraine –


Eastern Europe

Odessa is one of the largest


Source: Globallast Project Coordinating Unit.
ports in the Black Sea. Its location on
historically founded merchant ways
between West and East, closeness to
Bosphorus and Dardanelles, conve-
practice is that captains fear that Kharg Island, Iran – nient exit to Mediterranean Sea and
mud and sediment mixed with Middle East Indian Ocean, year round navigation,
ballast water would quickly settle and proximity to the big industrial
and accumulate at the bottom of Kharg Island is located on the and agricultural areas make it a
the tank. Such practice may, Persian Gulf and is Iran’s and the particularly attractive, heavily used
however, help reduce the Gulf’s largest port facility. The port.
possibility of introducing selection of Kharg Island as a
harmful organisms or demonstration site, aside from its The areas near the port are
pathogens, which live in shallow location and importance, is due to important nursery and feeding areas
water or sediment. The the Gulf’s sensitive environmental for Black Sea fisheries.
Government encourages the nature. Gulf waters are shallow,
practice of ballast water tank have substantial marine While exact information on the
cleaning in the high seas and the biodiversity, high water amount of ballast discharge in the
Indian experience with this temperature, and experience little port is not available, calculations from
practice makes it an attractive exchange of water with surrounding the oil products sector indicate large
participant for the GloBallast marine areas through the Ormuz volumes. More than 14,400,000 tons
Programme. Strait. of oil and oil products were trans-

48 Tropical Coasts
ported through Odessa. It is calcu- America’s largest and the first References:
lated that a total quantity of 5,489,000 Southern Atlantic Harbor to be a
tons of ballast water were discharged major cargo hub capable of Byrne M, Morrice M G & Wolf B. 1997. Introduction
into and around the port area. handling over 20 million tons per of the Northern Pacific asteroid Asterias
amurensis to Tasmania: reproduction and
year. Additionally, it is equipped current distribution. Mar. Biol. 127, 673 – 685.
A significant part of Ukrainian with modern equipment and will
Center for Research on Introduced Marine Pests
port traffic is oriented towards Europe accommodate the latest generation
(CRIMP), Australia 2001. Avail from: http://
(14 percent), China (6 percent) and vessels up to 8,000 twenty-foot www.marine.csiro.au/CRIMP/cleanup/
the largest part represents the equivalent units (TEUs). Sepetiba is cleanup.htm.

exchanges and transit with members intended to be a model port Cohen. 1999. San Francisco Estuary Institute .
of the Commonwealth of Independent highlighting concern for environ- Ballast Exchange 1: 3.
States (42 percent). It may be, mental management. The develop-
Commonwealth Scientific and Industrial Research
therefore, assumed that the largest ment of an Environmental Manage- Organization (CSIRO), Australia 1999. Avail
amounts of ballast water discharged ment Plan is a priority. from: www.enn.com/news/enn.stories/1999.
may originate from Europe and the Global Ballast Water Management Programme.
Far East. The efforts in these demon- 2001. The Problem. Avail from: http://
stration sites shall be replicated
globallast. imo.org.htm.

Sepetiba, Brazil - throughout each region. It is hoped Hallegraeff G M. 1993. A review of harmful algal
South America that the project shall further blooms and their apparent global increase.
Phycologica 32: 79-99.
catalyze the development of an
The Port of Sepetiba is adjacent international regulatory regime for Harbison G R and Volovik S P. 1994. The ctenophore,
to Rio de Janeiro. Within 500 kilome- ballast water through galvanizing Mnemiopsis leidyi, in the Black Sea: A
holoplanktonic organism transported in the
ters from the port, a concentration of action by IMO member states. More ballast water of ships. Pp 25-36. Proceedings
industrial and commercial areas information on the GloBallast of the National Oceanic and Atmospheric
Administration Conference and Workshop on
(producing 70 percent of Brazil’s programme is provided in the
Nonindigenous Estuarine and Marine
Gross Domestic Product) may be website http://globallast.imo.org. Organisms. Washington DC: U.S. Government
found. Sepetiba’s coal and ore Printing Office.
terminals have the capacity to handle Conclusion International Maritime Organization. 1997.
7,000,000 and 15,000,000 tons per Resolution A.868(20), Guidelines for the
control and management of ships’ ballast water
year, respectively. The port was Unlike an oil spill, which can
to minimize the transfer of harmful aquatic
constructed in 1982 to meet the need be cleaned up, the effects of marine organisms and pathogens. London:
of the Companhia Siderurgica species introduction are usually International Maritime Organization.
Nacional and Valesul to move bulk irreversible. The question “Which is ---. Marine Environmental Protection Committee 40/
cargo from their plants and thus, the bigger threat?,” however, has 10/2, 1997: Harmful Aquatic Organisms in
unburden the Port of Rio de Janeiro. yet to be resolved. At the moment,
Ballast Water. Note by the Secretariat.

opinions differ regarding this Nalepa T F, and Schloesser D W (eds). 1993. Zebra
According to an evaluation of matter. But one thing remains Mussels: Biology, Impacts and Control. Boca
Raton, Florida: Lewis Publishers, Inc.
ports conducted by the Companio certain: the transfer of unwanted
Docas do Rio de Janeiro, which acts as organisms in ballast water may be United Nations Development Programme. 1999:
the Port Authority for Rio de Janeiro, the biggest challenge facing the Global Project with participation from the
governments of: Brazil, China, India, Iran,
Sepetiba, Angra dos Reis, Niteori and global shipping industry this South Africa, Ukraine. Project Document.
Fornu, Sepetiba will become Latin century.

July 2001 49
PEMSEA
By
Partnerships in Environmental
Introduction
Management for the Seas
Countries bordering the Seas of East
of East Asia (PEMSEA):
A Framework for
Asia, including Brunei Darussalam,
Cambodia, China, DPR Korea, Malaysia,
Indonesia, Japan, Philippines, RO
Korea, Singapore, Thailand and
Vietnam, have always relied on the vast
Regional Cooperation
resources of the ocean for food supply,
livelihood, medicine, energy, minerals,
transport and recreation.
Geographically, these coastal countries
semi-enclose five large marine
ecosystems, viz: Yellow Sea, East China
Sea, South China Sea, Sulu-Celebes Sea
and Indonesian Seas. The rich
ecosystems therein include one-third of
the world’s mangroves and coral reefs
and generate more than 40 percent of
the world fisheries production (Food and
Agriculture Organization, 1999). These
ecosystems protect life and properties in
the coastal lowlands against flooding
and natural hazards. They also support a
global center of marine biodiversity as
well as sustain a continuous supply of
raw materials, mineral and oil deposits
that contribute substantially to the
maritime economy of the East Asian
Seas region. The estimated value of
goods and services sourced from coastal,
ocean and terrestrial ecosystems
averages $33 trillion a year (Costanza et
al., 1997). Coral reefs in Southeast Asian
Seas generate an estimated value of
$112.5 billion a year (Ruitenbeek, 1999
citing Costanza et al., 1997, 1998). Figure 1. The Seas of East Asia
Source: PEMSEA

50 Tropical Coasts
Countries bordering the
Seas of East Asia,
The Seas of East Asia play a significant role
in the economy of the region. Maritime trade including Brunei
increased from 15 percent of the regional Gross
Domestic Product (GDP) in 1970 to over 50 Darussalam, Cambodia,
percent in 1995, as exports grew by 10 percent
per annum (World Bank, 1998). Half of the
China, DPR KKorea,
orea,
world’s merchant fleet sails through the Straits Malaysia, Indonesia,
of Malacca and the Lombok Straits. Thirteen of
the 20 largest maritime ports in the world are Japan, Philippines,
located in the shipping corridor stretching from
Singapore to Japan (American Association of RO KKorea,
orea, Singapore,
Port Authorities, 1999).
Thailand and Vietnam,
Despite immense land and sea areas, have always relied on the
national economies are concentrated in a rather
narrow strip of coastal lowland and marine vast resources of the ocean
areas. In the East Asian region, about 77 percent
of the total population of 1.9 billion currently
for food supply
supply,, livelihood,
live within 100 kilometers from the coast (Burke
et al., 2001). This figure is expected to increase
medicine, energy
energy,,
substantially in the 21st century. Unfortunately, minerals, transport
a significant number of these people still live in
poverty. and recreation.

Figure 2. Scleractinian Coral Distribution. The global center of hard coral diversity
emanates from the region, particularly around eastern Indonesia and the
Philippines, where 70 genera are recorded.

5
30 50 2
50
50 60 5
50
70
10
20
50 60 30
40
40
30
20 70
10 5
5
2 2 2
Source: Veron, J.E.N.

July 2001 51
Coastal and marine Coastal and marine environmental conditions in most
parts of the region are in a severe state of degradation.

environmental conditions Environmental stresses have begun to impact on human


health, reduce the productive capacity of the resource
in most parts of the systems, and impede economic growth. Already, an

region are in a severe increase in the number of cases of gastroenteritis and


upper respiratory tract infections due to contact with

state of degradation. contaminated seawater has been reported. Most of these


cases are in areas where just over 10 percent of the organic
Environmental stresses contaminants are removed by sewage treatment (Chia and
Kirkman, 2000). Red tide outbreaks are widespread,
have begun to impact on resulting in the loss of human lives and millions of dollars in

human health, reduce fishery and aquaculture products. Many valuable natural
habitats have also been destroyed over a span of 50 years.

the productive capacity The Philippines and Thailand, for example, have lost more
than half of their mangrove forests. Much of their seagrass
of the resource systems, beds have been completely wiped off due to bottom trawling
operations and pollution (Sudara et al., 1994). While the
and impede economic actual cost of environmental recovery is not yet fully

growth. understood, the World Bank (1998) reported that remedial


measures require slightly less than 1 percent of the national
GDP. This amount is expected to increase to 1 to 1.5 percent
by 2020.

With the expected increase in energy demand in the


region, rapid growth of coastal population and changing
consumption and use patterns (as a result of economic
globalization and improved standards of living), efforts in
environmental protection are unlikely to keep pace with the
escalating economic and population pressures. This will be
further aggravated by the growth of intra-regional markets,
which will lead to an intensification of competing uses of
limited resources and result in negative effects on the
region’s social, cultural and environmental characteristics.

The situation is particularly worrisome with respect to


environmental and natural resource use issues across
national or administrative boundaries. While specific and
localized environmental issues have been addressed in

A glimpse of the coastal area some countries, transboundary issues are often nobody’s
in Danang, Vietnam. business. Unfortunately, the impacts of transboundary

Source: PEMSEA environmental degradation have taken their toll not only on

52 Tropical Coasts
the functional integrity of shared It is, therefore, clear that eco-
resource systems, but also on the nomic development in the context of
With the
resource systems within national
boundaries. Human activities and
the new East Asian Economy cannot be
divorced from the need for collective
expected increase
economic development often result in efforts to protect the environment. in energy demand
unsustainable use of natural resources Environmental protection is an
and further aggravate the productive indispensable part of social and in the region, rapid
capacity of the resource systems due
to failure in understanding the
sustainable economic development.
Environmental management should,
growth of coastal
connectivity between ecosystems.
Overexploitation of natural resources,
therefore, form an inseparable part of
a regional programme of action for the
population and
increasing numbers of pollution new East Asian Economy. changing
hotspots, poverty proliferation, and
the steady deterioration of livelihoods, A number of international consumption and
food supply and human health are
consequences of globalization in the
environmental conventions and
agreements have been enacted over
use patterns (as a
region. the past years. Of specific relevance to
result of economic
the protection and management of the
In the November 2000 Singapore coastal and marine areas are the UN globalization and
Summit, the Association of South East Convention on the Law of the Sea,
Asian Nations (ASEAN) and North Chapter 17 of Agenda 21, the UN improved standards
Asian leaders favorably considered an
economic realignment in light of
Framework Convention on Climate
Change (UNFCCC), the Convention on
of living), efforts in
increasing impacts of globalization, Biodiversity (CBD), and other specific environmental
especially in terms of trade and international conventions and proto-
economic interdependency between cols. The implementation of these protection are
nations of the region. The proposed conventions, however, is an even
East Asian Economy takes advantage greater challenge than their ratifica-
unlik ely to kkeep
unlikely eep
of the vast combined markets of the
region which are comparable to that of
tion. In many countries, the enforce-
ment of these global instruments has
pace with the
Europe and North America. The been ineffective. escalating economic
economic realignment shall certainly
strengthen the concept of regionalism Eleven participating governments and population
and forge greater collaboration. The
emergence of subregional cooperation
of East Asia, in collaboration with the
Global Environment Facility (GEF), the
pressures.
in trade, as exemplified by the prolif- United Nations Development
eration of economic growth centers, Programme (UNDP) and the Interna-
further enhances and reinforces the tional Maritime Organization (IMO), are
desire for the expansion of the ASEAN collectively addressing the marine
framework to cover their northeast environmental problems of the Seas of
Asian neighbors (see figure on back East Asia by focusing on areas of
cover). common concern and building

July 2001 53
It is, therefore, clear that
capacities to tackle regional environmental issues.
economic development in the The formation of the GEF/UNDP/IMO Regional

context of the new East Asian Programme on Building Partnerships in Environ-


mental Management for the Seas of East Asia

Economy cannot be divorced (PEMSEA) evolved from the increasing realization


of the magnitude and complexity of environmental
from the need for collective problems and the need to mobilize collective
efforts, resources and skills of all sectors and
efforts to protect the interest groups through genuine partnerships.

environment. Environmental PEMSEA has confirmed its niche among the

protection is an indispensable countries of the new East Asian Economy,


ASEAN+3. It aims to establish a multi-country,
part of social and sustainable multi-sectoral shared vision for the Seas of East
Asia, along with supporting strategies and
economic development. environmental action programs for attaining that

Environmental management vision. A functional regional framework is the


ultimate target of PEMSEA, which among other

should, therefore, form an operating mechanisms will incorporate integrated


implementation of international environmental
inseparable part of a instruments such as the Global Programme of
Action for the Protection of the Marine Environ-
regional programme of ment from Land-Based Activities (GPA), the

action for the new East Asian UNFCCC and the CBD.

Economy
Economy.. PEMSEA activities focus on (a) enabling local
governments to effectively manage coastal and
marine resources and their environment through
strengthening local capacity in integrated planning
and management of their coastal areas in
collaboration with civil society and other
stakeholders; (b) promoting multi-country and
multi-agency cooperation in managing
subregional sea areas and marine pollution
hotspots through shared visions, strategies and
common action programs; (c) developing
management-related methodologies, techniques,
working models, and standards to strengthen
practical efforts in the field; (d) providing policy
support and scientific advice to decision-makers;
Fisherfolk in Sihanoukville, Cambodia
(e) identifying and demonstrating the synergies
Source: PEMSEA and linkages between related international

54 Tropical Coasts
In an era of progressive economic
environmental instruments and
facilitating their integrated
realignment and accelerated growth in
implementation, and (f) creating
environmental investment
maritime trade, the obligation to
opportunities, sustainable financing protect the remaining ocean heritage
mechanisms and institutional
arrangements for implementing particularly in the Seas of East Asia is
marine environment-related
international conventions and action
no longer confined to the realm of the
programs.
academe. RRather
ather
ather,, it is the responsibility
In implementing its long-term of all citizens of the region and the
development objectives and activities,
PEMSEA shall install appropriate world at large.
consultative mechanisms to ensure
accessibility of expert advice for the
region. It shall establish a Regional
R e f e r e n c e s :
Ocean Think-Tank for the Seas of East
Asia to brainstorm specific policy American Association of Port Authorities. Avail from: http/ Food and Agriculture Organization. 1999. FAO
issues of common concern. It shall /www.aapa.ports.org (2001). Yearbook Fishery Statistics Captive Production
(1997). Vol. 84. Food and Agriculture
create a Multidisciplinary Expert Group
Burke L, Kura Y, Kassem K, Revenga C, Spalding M and Organization of the United Nations, Rome.
(MEG) composed of senior regional McAllister D. 2001. Pilot analysis of global ecosystems.
and international experts to provide Coastal Ecosystem. World Resources Institute. 77 pp. Ruitenbeek HJ. 1999. Blue pricing of undersea
treasures - needs and opportunities for
sound scientific advice to the region, environmental economics research on coral reef
Chia L S and Kirkman H. 2000. Overview of land-based
and invite regional experts to serve as sources and activity affecting the marine management in South East Asia. Paper
senior advisors to the Regional environment in the East Asian Seas. UNEP/GPA presented to the 12th Biannual Workshop of
Coordination Office and EAS/RCU. Regional Seas the Environmental Economics Program for
Programme. To build a critical mass of Report and Studies Series No. 173. 74 pp. Southeast Asia, Singapore, 11-14 May. IDRC,
regional experts, PEMSEA will also Singapore.
Containerisation International Yearbook. 2000.
institute a Regional Task Force to
Sudara S, Fortes M, Nateekanjanalarp Y and
provide inter-disciplinary technical Costanza R, d’ Arge R, de Groot R, Farber S, Grasso M, Poovachiranon S. 1994. Human uses and
and scientific services to the region. Hannon B, Limburg K, Naeem S, O’Neill R V, Parueolo destruction of ASEAN seagrass beds, pp. 110-
J, Raskin R G, Sutton P, van den Belt M. 1998. The 117. In C.R. Wilkinson (ed.) Living coastal
value of the world’s ecosystem services and natural resources of Southeast Asia: status and
In an era of progressive capital. Nature 387 (6230): 253-260 management. Report of the Consultative
Forum. Third ASEAN-Australia Symposium on
economic realignment and accelerated
Douglass, M. 1998a. East Asian urbanization: patterns, Living Coastal Resources.
growth in maritime trade, the problems and prospects. Paper presented at the
obligation to protect the remaining 1998 Walter H. Shorenstein Distinguished Lecture United Nations Population Division; World
Series: Cities and the Regional Dynamics of East Urbanization Prospects. 1996.
ocean heritage particularly in the Seas Asia, 23 April 1998, Stanford University. Asia/Pacific
of East Asia is no longer confined to Research Center. Veron J E N. A biogeographic database of hermatypic
corals. AIMS Monograph No. 10.
the realm of the academe. Rather, it is
—. 1998b. World city formation in the Asia Pacific Rim:
the responsibility of all citizens of the poverty, “everyday” forms of civil society and World Bank. 1998. East Asia: the road to recovery.
region and the world at large. environmental management, pp. 107-137. In M. World Bank, Washington, D.C.
Douglass and J. Friedman (eds.) Cities for citizens:
planning and the rise of civil society in a global age. —. 2000. East Asia: recovery and beyond. World
John Wiley, London. Bank, Washington, D.C.

July 2001 55
in review

Beyond the Orange Book:


Managing Marine and
Coastal Protected Areas
in the New Millennium
Nancy Bermas

Marine and Coastal Protected Areas A


Guide for Planners and Managers. 2000.
Third Edition. Rodney Salm and John Clark
with Erkki Siirila. Published by The World
Conservation Union, Washington, DC. 371 p.

M
arine protected areas (MPAs) are known to have been in existence
for hundreds of years. Majority of statutorily established
MPAs, however, are very recent. The World Conservation Union
(IUCN), the publisher of this book, defines a protected area (PA) as “an
area of land and/or sea especially dedicated to the protection of biological
diversity, and of natural and associated cultural resources, and managed
through legal or other effective means.” A compatible definition for marine
protected areas was also developed by IUCN, i.e., “any area of intertidal The book is organized into three parts. Part I introduces MPAs as
or subtidal terrain, together with its overlying water and associated flora, an important approach to managing coastal and marine resources.
fauna, historical or cultural features, which has been reserved by law or It discusses the following topics: roles of MPAs, site planning,
other effective means to protect part or all of the enclosed environment.” community involvement, systematic selection of MPAs, strategies
and tools for planning and managing MPAs, and the legal basis
IUCN contributed significantly to the development of programs for for MPAs. Part II considers principles and mechanisms for planning
establishing MPAs in the 1970s. The first edition of this book, also known and managing PAs in four different environments: coral reefs,
as the Orange Book by virtue of the dominant color of its cover, was the estuaries and lagoons, small islands and beaches. Emphasis is on
product of the Third World Congress on National Parks held in 1982 in technical knowledge about particular habitats and how this
Bali, Indonesia. The Orange Book was considered a practical and useful knowledge is used to meet management objectives. Part III
guide to practitioners in MPA planning and management as well as to presents case histories covering a wide variety of MPA experience
individuals who found the approaches and tools contained in the book around the world to help protected area planners and managers
useful. The evolution on the approaches to planning and managing MPAs carry out their tasks. These “real world” examples are very
for the past 15 years, however, have required a major update of the two effective in addressing specific aspects of PA management.
previous editions of this book. The present version, therefore, incorporates
new developments in MPA management. It specifically includes Numerous authors have contributed to the compilation of case
supplementary materials and updated concepts, case histories and histories, hence providing varied viewpoints on a wide range of
approaches that are helpful to tropical coastal countries in organizing practical issues and lessons learned pertaining to MPA
national systems of marine and coastal protected areas and in the planning establishment and management. An interesting feature of this
and managing selected MPA sites. It is worth mentioning that the present section is that readers are encouraged to learn the details of a
version was developed based on the framework of the original contributions particular case history by contacting the authors, whose e-mail
in the Orange Book. addresses are provided at the end of each contribution.

58 Tropical Coasts
Unlike in previous versions, a particular concept is given emphasis
throughout the book by providing explanatory and supporting
facts in boxes. In some cases, readers can have a glimpse of the
Visit the PEMSEA
Website
focus of an entire section by consulting the boxes. Practical examples
are likewise provided in boxes to promote a better understanding
of a particular issue on PA management.
www.pemsea.org
The authors developed this book primarily to respond to the
needs of managers and practitioners on MPA management. Those
interested in marine and coastal protected areas in general,
whether for practical, scientific or recreational purposes, may also
find this book useful and informative. Authored by the notable
duo with extensive experience in marine conservation, Rodney
Salm and John Clark, the present version has been enriched with
inputs from numerous contributors and the photographs of Erkki
Siirila. The authors, contributors and sponsors of this book are to
be commended for producing a useful and practical guide, which
may enhance and accelerate actions towards successful MPA
management.

Interested readers may contact Dr. John Waugh at the IUCN Marine
Programme, 1630 Connecticut Ave NW, Washington, DC 20009-
1053 USA. Phone: (202) 5182057; E-mail: jwaugh@iucnus.org
for more information. Readers are also directed to the IUCN
Online Bookstore at www.iucn.org/bookstore/index.html for copies
or they may contact the IUCN Publication Services Unit, 219c
Huntingdon Road, Cambridge CB3 0DL, UK. Phone: 44 1223
277894; Fax: 44 1223 277175; Email: info@books.iucn.org.

The PEMSEA website contains information


If you wish to have your coastal or marine-related publication
on news and events relating to marine and
featured under this section, please send a copy of the same to:
coastal environmental management in the
East Asian Seas Region: Brunei Darussalam,
The Executive Editor
Cambodia, China, DPR Korea, Indonesia,
Tropical Coasts Japan, Malaysia, Philippines, RO Korea,
P.O. Box 2502, Singapore, Thailand and Vietnam.
Quezon City 1165,
Metro Manila, Philippines It also boasts of a wide variety of online
references and databases regarding the
The editors reserve the right to determine which publications
practice of two environmental manage-
are appropriate for inclusion and review in Tropical
ment approaches - Integrated Coastal
Coasts..
Management (ICM) and Risk Assessment/
Management.
Publications sent to Tropical Coasts will be considered
property of the GEF/UNDP/IMO Regional Programme on
For information about PEMSEA, visit the
Partnerships in Environmental Management for the Seas of
website at www.pemsea.org or e-mail
East Asia. Such publications will not be returned to the authors,
info@pemsea.org.
regardless of whether they are featured or not. EditorEditor.

July 2001 59
E
P E M S E A

NEWS I C M
M

Regional
M

Risk Assessment
Decline in Fisheries, Networks
Mangroves, Coral
A

for Local THE REGION

Reefs in Manila Governments


R

Bay Evident, Says on ICM Formed


G

PHILIPPINES PEMSEA Study


The Regional Network of Local Governments
O

(RNLG) implementing integrated coastal


Declining. This word aptly describes the state of coastal management (ICM) was formally launched
and marine resources (including fish, shellfish, man- on 15 March 2001 during the MOMAF-
groves, and coral reefs) in Manila Bay based on an PEMSEA Regional Workshop in Seoul,
R

Initial Risk Assessment PEMSEA conducted recently


recently.. Republic of Korea. During the meeting,
Based on preliminary reports, stocks of fish and shellfish representatives from PEMSEA ICM sites –
have been decreasing due to overfishing and the use of Sihanoukville, Cambodia; Batangas,
P

destructive fishing methods. Pollution, reclamation Philippines; Bali, Indonesia; Chonburi,


projects, and fishpond conversion have affected man- Thailand; Danang, Vietnam; Klang,
groves while destructive fishing methods and sedimenta- Malaysia; and Shihwa, Republic of Korea –
tion have damaged coral reefs. agreed to focus the network ’s efforts on
holding annual meetings to share ICM wise
In addition, initial findings show that human health risks in the area practices, approaches, methodologies and
have risen due to bathing and consuming food contaminated with other management interventions.
fecal coliform. Pollutants in Manila Bay also include phosphate,
ammonia, oil, copper, cadmium, mercury, chromium, lead and certain In addition, participants resolved to keep the network
pesticides. small and requested PEMSEA to act as secretariat of
the network.
The Initial Risk Assessment provides a glimpse of environmental
conditions in the bay using available secondary data. It serves as a The RNLG aims to reinforce intergovernmental
screening mechanism to identify priority environmental concerns, regional cooperation in managing the marine
identify data gaps/uncertainties, and recommend areas for immediate environment and promote implementation of ICM best
management intervention. It also identifies resources and habitats practices. The services RNLG shall provide include:
that are at risk and recognizes significant causes of risks. At present, dissemination of information on ICM, linkage to other
the Manila Bay Initial Risk Assessment is being reviewed by scientists, regional networks, trainings, sharing of database and
academicians, government officials, and non-government organiza- provision of opportunities to be an advisor/resource
tion representatives prior to its finalization. person to regions establishing ICM projects. Aside
from these, participating governments may benefit
Manila Bay is a semi-enclosed estuary, which is connected to the from the network through: the discussion of common
South China Sea via a 16.7 kilometer-wide entrance. It is bounded by issues relating to coastal and environmental
the National Capital Region, and the provinces of Bataan, Pampanga, management, advice in establishing parallel sites,
Bulacan, and Cavite. Its coastline is approximately 190 kilometers leverage in obtaining funds from donors and access to
long while its surface area measures about 1,800 square kilometers. facilities.

60 Tropical Coasts
P E M S E A

MOMAF - PEMSEA Workshop


Fosters Regional Collaboration
in Coastal Management
I C M Over 100 participants from nine
countries attended the MOMAF-
PEMSEA Regional Workshop on
Mr. Lee Young Woo, Director General of the Shihwa Management Strategy and
Bureau of Marine Policy of the Ministry of Regional Initiatives for Coastal
Maritime Affairs and Fisheries, and Dr. Chua
Environmental Management held on
Thia-Eng, Regional Programme Director of
15-16 March 2001 in Seoul, Republic
PEMSEA, congratulate each other after the
signing of the Memorandum of Arrangement of Korea to share experiences and
R O K O R E A lessons on coastal management.
for the ICM Parallel Site in Shihwa Lake,
Republic of Korea.
During the activity, Mr. Moo Hyun Roh,
Minister of the Ministry of Maritime Affairs
M E H and Fisheries (MOMAF), expressed his
concerns about the continuing deterioration of

Marine Electronic the environmental quality of Shihwa Lake and


called upon experts to recommend solutions to
this problem. He explained that “coastal areas
Highway Steams have long been subjects of development and
exploitation because they are suitable places

MALACCA STRAITS Ahead for production and habitation with proximity


to the sea and abundant organic and inorganic
resources.”

The GEF/World Bank/ IMO Marine Electronic Highway To facilitate recommendations on the
(MEH) Project moves ahead with the appointments of management strategies for the Shihwa Lake
Mr
Mr.. Guoy TTong
ong Kiat as PProject
roject Manager
Manager,, Mr
Mr.. Henky M. coastal area, a one-day field excursion was
Lumentah as Project Consultant for General Maritime organized to expose participants to the area.
Administration and MrMr.. RRozlan amli as PProject
ozlan Mohd RRamli roject Workshop participants reached a consensus
Consultant for Marine Environment Protection. that existing scientific and management efforts
in the locality may be greatly enhanced and
Mr. Jean-Claude Sainlos, Senior Deputy Director of Marine refined by applying an integrated framework
Environment Division, International Maritime Organization and by encouraging stakeholders to formulate
chaired the kick-off meeting with the new Project Manager and a common vision. In addition, they discussed
Consultants on 11 May 2001 in Kuala Lumpur, Malaysia. The new the Shihwa management strategy with
appointees are expected to be on board on 1 June 2001. national and regional experts.

The project has drawn considerable interest from the shipping Delegates to the workshop represented
sector. The MEH is considered to be the most significant PEMSEA ICM demonstration sites, national and
advancement in navigational safety since the introduction of local government units, national and local
radar. It is envisioned to stretch along major shipping routes from non-government organizations, and other
the Persian Gulf to the Sea of Japan/East Sea. stakeholder groups from the Shihwa area.

July 2001 61
E
P E M S E A P E M S E A

NEWS BUBLLOETAINR
M

D
M

National Co-financing Asia-Pacific Conference on Marine Sciences


and Technology Slated
for PEMSEA Exceeds Target The Asia-Pacific Conference on Marine Sciences and
A

Technology will be conducted on 12-16 May 2002 at Port


Government input to PEMSEA (as of March 2001) has reached Dickson, Malaysia. Organized by the Malaysian Society of
US$ 8.3 million, 150 percent more than the target of US$ 3.3 Marine Sciences (MSMS), the National Oceanographic
R

million indicated in the UNDP/GEF/IMO Regional Programme Directorate of the Ministry of Science, Technology and the
Environment (MOSTE), Malaysia and the Institute of
Project Document. These inputs represent the counterpart support Biological Sciences of the University of Malaya, the
of participating countries in the implementation of six Integrated conference aims to provide a venue for interaction among
G

Coastal Management (ICM) Demonstration Sites, two ICM Parallel scientists, policy makers, industry and marine enthusiasts. It
Sites, two environmental management projects, and a workshop also seeks to facilitate the sharing of experiences and the
for the Regional Network for Local Governments. formulation of research, development and management
strategies for the marine environment in the Asia-Pacific
O

Region.
Aside from government inputs, the private sector and other
international agencies have collaborated on and co-sponsored Interested parties may contact the conference secretariat
R

activities with PEMSEA. Among these are the Sida Marine Science at h1phangs@umcsd.um.edu.my or
Programme, International Maritime Organization, Wastes Systems affendi@zoology.um.edu.my for more details.
New Zealand, Hatfield Consultants and the Bataan Coastal Care
P

Foundation.
The Sixth Asian Fisheries Forum

The Sixth Asian Fisheries Forum will be held on 25-30


E-Forum on Ecological November 2001 in the National Sun Yat-Sen University,
Kaohsiung, Taiwan. The forum highlights the significance of
Carrying Capacity Launched fisheries in the region in the 21st century and offers a
unique opportunity to update knowledge on recent trends
and advances in Asian fisheries.
PEMSEA is using the Internet in bringing together experts
throughout the world to share experiences and expertise on the For more information visit the forum website at http://
issue of carrying capacity, a known “bottleneck” affecting policy www.afs.tfrin.gov.tw or e-mail the Conference Manager at
and management decisions in the East Asian region. The E- meetingmanager@aol.com
Forum on Ecological Carrying Capacity was launched on 3 May
2001 under Yahoo! Groups, a free forum-developing website.
First International Conference on
Ballast Water Management
The E-forum is part of a PEMSEA case study aimed at gathering
existing knowledge on the concepts, approaches and methodolo- The First International Conference on Ballast Water
gies used in measuring the carrying capacity of bays, lagoons and Management will be held in Singapore on 1-2 November
semi-enclosed seas as they relate to sectoral developments such 2001. Organized by the Environmental Technology
as tourism, industries, fisheries and aquaculture. Institute (ETI) in Singapore in conjunction with the
Maritime and Ports Authority of Singapore and the
Universities of Newcastle and Strathclyde, UK, the
Twenty-five experts initially made up the group and more are being conference aims to provide a forum for the local, regional
invited to join. PEMSEA Regional Programme Director Dr. Chua and global practitioners in the port and maritime industries
Thia-Eng, National University of Singapore Professor Dr. Chou Loke to share new developments, concepts and practices in
Ming and PEMSEA Technical Officer Ms. Nancy Bermas act as mod- ballast water management and to exchange views and
experiences.
erators of the E-forum. The forum is expected to run from June to
October 2001, the results of which shall be a review document on For more information e-mail the conference coordinator Dr.
ecological carrying capacity. Jose Matheickal at JTMATH@eti.org.sh.

62 Tropical Coasts
O u r S h a r e d V i s i o n.

The resource systems of the Seas of


East Asia are a natural heritage,
safeguarding sustainable and healthy

food supplies, livelihood, properties


and investments and social, cultural
and ecological values for the people of

the region, while contributing to


economic prosperity and global mar-
kets through safe and harmonious

coexistence for present and future


generations.

Tropical Coasts
EAST ASIAN SEAS GROWTH AREAS RUSSIA

Megacities in East Asia c


SHENYANG TUMEN RIVER BASIN
c
City P opula tion (millions) Ra nk BEIJING

1975 2000 2015 1975 2000 2015 DPR KOREA 1


Tokyo 16.5 28.0 28.9 1 1 1 TIANJIN
SEOUL
Shanghai 11.2 14.2 18.0 3 6 8
TOKYO
Osaka 9.4 10.6 10.6 4 18 23
Rep. of KOREA OSAKA

Beijing 8.1 12.0 15.6 10 12 12


Yellow
Sea
Seoul 5.3 12.2 13.0 10 11 19

Tianjin 5.2 10.2 13.5 21 20 18 SHANGHAI


East
Jakarta 3.9 9.8 13.9 24 21 16
HANGZHOU China
Manila 3.5 10.8 14.7 27 16 13 Sea
C H I N A
Shenyang 3.5 n/r n/r 29 n/r n/r

Hong Kong 3.5 n/r n/r 30 n/r n/r


FUJIAN 2 % Urbanization
Bangkok n/r 7.2 9.8 n/r 28 27 TAIWAN a
growth/year (1994-2025)
Hangzhou n/r n/r 11.4 n/r n/r 22
HONGKONG
4 - 5%
n/r = not ranked as one of world’s 30 most populous cities
3 - 4%
2 - 3%
LAOS
3 1 - 2%
0 - 1%
VIETNAM
South
THAILAND China MANILA
BANGKOK
Sea PHILIPPINES Pacific
CAMBODIA
Philippine Sea Ocean

Sulu 4
SONGKHLA
Sea MINDANAO
HATYAI
PENANG
BRUNEI
SABAH
SUMATRA 5 DARUSSALAM
M A L A Y S I A Celebes
6 Sea
NOR
JOHOR BARU TH S
ULA
SINGAPORE WES
I
RIAU

Sources: I N D O N E S I A PAPUA
a NEW
Douglass (1998a) GUINEA
b Indonesian Seas
Douglass (1998b) JAKARTA
c
United Nations: World Urbanization Prospects, 1996
d EAST TIMOR
American Association of Port Authorities, www.aapa-ports.org
e
“Containerisation International Yearbook,” year 2000 edition
WORLD PORT RANKING - 1999
TOTAL CARGO VOLUME, METRIC TONS (000s)d CONTAINER TRAFFIC (TEUs)e Emerging/Proposed Transborder Regionsb
RANK
1
PORT
Singapore
COUNTRY
Singapore
TONS
325,902
RANK
1
PORT
Hong Kong
COUNTRY
China
TEUs
16,100,000
1 Northeast Asia TBR: Tumen River Basin, Russia,
2 Rotterdam Netherlands 303,520 2 Singapore Singapore 15,900,000 China, Republic of Korea, Japan,
3 South Louisiana United States 194,448 3 Kaohsiung Taiwan 6,985,361 Democratic People’s Republic Korea
4 Shanghai China 187,000 4 Busan South Korea 6,439,589
5 Hong Kong China 168,838 5 Rotterdam Netherlands 6,400,000
6 Chiba Japan 164,741 6 Long Beach (CA) U.S. 4,408,480
2 Taiwan-Fujian TBR
7 Ulsan South Korea 148,332 7 Shanghai China 4,210,000
8 Houston United States 144,184 8 Los Angeles (CA) U.S. 3,828,218 3 Mekong TBR: Vietnam, Laos, Cambodia,Thailand
9 Nagoya Japan 133,038 9 Hamburg Germany 3,750,000
10 Kwangyang South Korea 131,059 10 Antwerp Belgium 3,614,246
11 New York/New Jersey United States 121,387 11 New York U.S. 2,863,342
4 Eastern Growth Triangle: Mindanao, North Sulawesi,
12 Antwerp Belgium 115,654 12 Dubai U.A.E. 2,844,634 Brunei, Sabah
13 Yokohama Japan 114,538 13 Tokyo Japan 2,700,000
14 Kaohsiung Taiwan 110,722 14 Port Klang Malaysia 2,550,419
5 Northern Growth Triangle: Sumatra (Medan),
15 Inchon South Korea 108,227 15 Tanjung Priok Indonesia 2,273,303
16 Busan South Korea 107,757 16 Gioia Tauro Italy 2,253,401 Malaysia (Penang), southern Thailand (Songkhla,
17 Kobe Japan 102,527 17 Kobe Japan 2,200,000 Hatyai)
18 Marseilles France 90,258 18 Yokohama Japan 2,200,000
19 Kitayushu Japan 87,346 19 Bremenhaven Germany 2,180,955
6 Sijori Growth Triangle: Singapore, Johor Baru, Riau