Marine Pollution

By Wan MariamWan Abdullah

Marine Pollution
Introduction by man, directly or indirectly of substances or energy into the marine environment (including estuaries) resulting to deleterious effects as harms to living resources, hazard to human health, hindrance to marine activities including fishing, impairement of quality for use of sea water and reduction of amenities (UNESCOs Intergovernmental Oceanographic Commission)

Sources of Marine Pollution

Shipping activities oil, fumes, ballast water, radiation by nuclear-powered ships, garbage, chemicals, liquid gas, radio-active, sewage ii. Dumping disposing waste of land based activities, radioactive waste, military materials, sewage, industrial waste iii. Sea-bed activities structures, industrial debris, domestic refuse, chemicals iv. Land-based and atmospheric pollution sewage, industrial waste, chemicals, fertilisers, pesticides
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Framework of international law

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Customary: Art 2 of the High Sea Convention : with reasonable regard to the interest of other States. Obligation of every State not to allow knowingly its territory to be used for act contrary to the rights of others (Corfu Channel Case 1949 and Trail Smelter Arbitration Case 1938) Treaties general multilateral treaties, regional treaties, bilateral treaties and UNCLOS III (Art 192 235), Oil Pollution Convention, MARPOL

Change in UNCLOS III

2 strands of change To extend the enforcement of powers by the coastal States and port States to compensate for the shortcomings of flag States To limit the legislative discretion of coastal States to safeguard the proposed increased in the enforcement powers of coastal States.

Prescription and Enforcement of Pollution Standards

Flag State Prescription Pre-UNCLOS III National standards HSC Coastal State National standards in TS not prejudice right of innocent passage TSC & MARPOL Art 19 TSC, arrest and criminal proceedings Port State National standards for foreign vessels in port and treaties Arrest & criminal proceeding within TS and port

Enforcement Pre-UNCLOS III

Anywhere & may arrest at high sea, criminal proceedings at other area

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Flag State Prescription Post UNCLOS III National standards HSC - Same effects with rules and regulations accepted by competent authority IMO (211(2) Art 217 must enforce & arrest in HS & EEZ - penalties, prohibit from entering the sea, ensure the ship carry certificate periodically, inspect the ship Coastal State Port State Reduction of kinds No changes of pollution, but increase geographical area of application EEZ

Enforcement Post UNCLOS III

Art 220 inspection & criminal proceeding in TS. Arrest when the passage is not innocent, in straits may arrest if major pollutin. May arrest in TS & EEZ if the ship cause major pollution.

Art 220 -May arrest & criminal proceeding in TS & Port. Also criminal proceeding of pollution outside TS & EEZ if its in violation of competent authority