Mirza Mohammad Rifat.: Explain the international and national legislation to prevent reduce and control pollution of the marine environment .

Mirza Mohammad Rifat.: Explain the international and national legislation to prevent reduce and control pollution of the marine environment .

Mirza Mohammad Rifat.: The Continental shelf

Mirza Mohammad Rifat.: The Continental shelf

Mirza Mohammad Rifat.: The freedom of the High Sea

Mirza Mohammad Rifat.: The freedom of the High Sea

Mirza Mohammad Rifat.: Right of hot pursuit

Mirza Mohammad Rifat.: Right of hot pursuit

Mirza Mohammad Rifat.: Piracy under Law of the Sea.

Mirza Mohammad Rifat.: Piracy under Law of the Sea.

Mirza Mohammad Rifat.: Explain the international and national legislation to prevent reduce and control pollution of the marine environment .

Question: Explain the international and national legislation to prevent reduce and control pollution of the marine environment and from of various enforcement measures.

Introduction:

The marine area is not only important for its significant economic role but also for its unparalleled natural panorama and aesthetic appeal. The conservation of the marine environment, in a sense, is more an economic and development issue than merely environmental.

Measures to control pollution of the marine environment: Article 194 of the law of the Sea provides measures to prevent reduce and control pollution of the marine environment.

1. All States shall take appropriate measures individually or jointly in consistent with this Convention that are necessary to prevent, reduce and control pollution of the marine environment. For this purpose the best practicable means at their disposal and in accordance with their capabilities, and they shall endeavour to harmonize their policies in this connection.

2. All States shall take measures necessary to ensure that activities under their jurisdiction or control are so conducted as not to cause damage by pollution to other States and their environment, and that pollution arising from incidents or activities under their jurisdiction or control does not spread beyond the areas where they exercise sovereign rights in accordance with this Convention.

3. The measures taken pursuant to this Part shall deal with all sources of pollution of the marine environment. These measures shall include-

• The release of toxic, noxious substances, or especially those which are persistent, from land-based sources or through the atmosphere or by dumping.
• Pollution from vessels, in particular measures for preventing accidents and dealing with emergencies, ensuring the safety of operations at sea.
• Pollution from installations and devices used in exploration or exploitation of the natural resources of the seabed and subsoil in particular measures for preventing accidents and dealing with emergencies, ensuring the safety of operations at sea.
• Pollution from other installations and devices operating in the marine environment, in particular measures for preventing accidents and dealing with emergencies, ensuring the safety of operations at sea.

4. In taking measures to prevent, reduce or control pollution of the marine environment, States shall refrain from unjustifiable interference with activities carried out by other States in the exercise of their rights and in pursuance of their duties in conformity with this Convention.

5. The measures taken in accordance with this Part shall include those necessary to protect and preserve rare or fragile ecosystems as well as the habitat of depleted, threatened or endangered species and other forms of marine life.

Enforcement Measures (UNCLOS – Articles 217-220)

The protection of the marine environment is the responsibility of everyone as it is important for life on earth and key to sustaining and improving our well being. We must thus be conscious of the pollution threats to our oceans and the serious effects that may result.

1.      By flag States.

2.      By port States.

3.      By coastal States.

4.      Measures relating to seaworthiness of vessels to avoid pollution.

Role of Flag State:

The flag state ensuring that its ships meet the standards of the safety (e.g. Load Lines, SOLAS etc.) and pollution prevention (MARPOL, AFS, etc.) conventions primarily through surveys, certification and inspections, and by carrying out other duties (e.g. safe manning of ships, reporting of accidents, casualty investigations, etc).

1. General obligations: e.g. violations/enforcement, certificates, reports on incidents involving harmful substances, communication of information, casualty investigations, etc.
2. Specific obligations: Survey and certification, control measures, records and documents e.g. oil record book, shipboard marine pollution emergency plans, etc.

Role of Port State:

1.      Port State Control

2.      Provision of port reception facilities

Port State Control:

Port State Ensuring that foreign ships calling at its ports comply with relative international maritime conventions and are safe to proceed to sea and not likely to cause pollution (primarily through verification of certificates and inspection).

Primary responsibility for compliance with international regulations rests with the flag State. However, as it is difficult for any Administration to exercise one hundred per cent control on national ships, it is recognized that port State control can make a useful contribution to safer ships and cleaner oceans. Many conventions, therefore, include provisions permitting port State control.

Role of Coastal State:

1. Ensuring that ships operating within a country’s jurisdiction comply with the provisions of international maritime conventions (similar to Port State Control, except that compliance assurance usually starts with surveillance and the detection of a violation rather than an inspection).
2. Providing for timely response to pollution incidents in its waters.
3. Co-operating with flag States and/or port States, as appropriate, in marine casualty investigations.

 Measures relating to seaworthiness of vessels to avoid pollution:

The States upon request or on their own initiative, have ascertained that a vessel within one of their ports or at one of their off-shore terminals is in violation of applicable international rules and standards relating to seaworthiness of vessels and thereby threatens damage to the marine environment shall take administrative measures to prevent the vessel from sailing. Such States may permit the vessel to proceed only to the nearest appropriate repair yard and, upon removal of the causes of the violation, shall permit the vessel to continue immediately. [Art: 219]

                                                                                                            Thank you.

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