4 Land-Based Sources of Marine Pollution

2017 ◽  
Author(s):  
Harrison James
Keyword(s):  
Marine Pollution ◽  
Law Of The Sea ◽  
Global Level ◽  
Marine Litter ◽  
Regional Institutions ◽  
United Nations Convention ◽  
International Instruments ◽  
Marine Environmental ◽  
Different Levels

Chapter 4 addresses the major international instruments that have been adopted to address land-based sources of marine pollution. This category includes industrial, agricultural, and urban discharges, which are amongst the most serious causes of marine environmental degradation, as well as some of the most difficult to regulate. The chapter begins by reviewing the relevant provisions of the United Nations Convention on the Law of the Sea (UNCLOS) and how they apply to land-based activities. It then explores the range of other instruments that have been negotiated on the topic. At the global level, the analysis covers the Global Programme of Action, the POPs Convention, and the Mercury Convention. The most detailed regulations are seen at the regional level, and, therefore, the chapter explains the manner in which regional institutions have developed and overseen a variety of rules and standards to address this threat. The interaction of these different levels is also taken into account, using a case study of marine litter.

Protecting the Malacca and Singapore Straits from Ships’ Atmospheric Emissions through the Implementation of marpol Annex vi

2017 ◽  
Vol 32 (1) ◽  
pp. 95-137 ◽  
Author(s):  
Mary George ◽  
Abdul Samad Shaik Osman ◽  
Hanafi Hussin ◽  
Anneliz Reina George
Keyword(s):  
Technology Transfer ◽  
United Nations ◽  
Marine Pollution ◽  
Law Of The Sea ◽  
Atmospheric Emissions ◽  
International Convention ◽  
Marine Environmental Protection ◽  
United Nations Convention ◽  
Legally Binding Regulations ◽  
Marine Environmental

The International Maritime Organization (imo) adopted legally binding regulations for the control of ships’ atmospheric emissions under Annex vi of the International Convention for the Prevention of Marine Pollution from Ships, 1973/78. With Singapore, Malaysia and Indonesia being States Parties thereto, consequently, one of the effects in the Malacca and Singapore Straits is that it enables the Straits States, together with the imo, to designate emission control areas for the approximately 75,000 ships transiting annually. This article examines the robust provisions of Annex vi for the marine environmental protection of the Straits and the contentious debates preceding an otherwise dead-locked technology-transfer resolution for implementing Annex vi. If implemented, Annex vi provisions will represent a unique milestone in the protection of the marine environment of the Straits which is regulated by the restrictive provisions of Part iii of the 1982 United Nations Convention on the Law of the Sea.

6 Marine Environmental Threats from Shipping

2017 ◽  
Author(s):  
Harrison James
Keyword(s):  
Noise Pollution ◽  
Law Of The Sea ◽  
Marine Biodiversity ◽  
Global Level ◽  
International Convention ◽  
Environmental Threats ◽  
United Nations Convention ◽  
The Impact ◽  
Marine Environmental ◽  
Ballast Water Management

The prevention of pollution from ships as a topic is largely addressed at the global level through the International Maritime Organization (IMO). Chapter 6 analyses the main treaties in this field, including the International Convention on the Prevention of Pollution from Ships (MARPOL Convention), the International Convention on the Safety of Life at Sea (SOLAS Convention), the International Convention on Ballast Water Management, and the International Convention on Anti-Fouling Substances. The analysis addresses both the types of rules employed in the IMO treaties and the processes through which the rules are amended and updated over time. The standards prescribed by these treaties are not only relevant to their Parties but also have a wider influence through the operation of rules of reference contained in United Nations Convention on the Law of the Sea (UNCLOS). The chapter also takes into account the emergence of broader concerns relating to the impact of shipping on marine biodiversity, such as noise pollution and ship strikes and the challenges in the implementation and enforcement of international shipping standards.

Geomatics Aspects of the UN Convention on Law of the Sea – A Case Study

2002 ◽  
Vol 55 (3) ◽  
pp. 443-449
Author(s):  
Ahmed El-Rabbany
Keyword(s):  
United Nations ◽  
Natural Resources ◽  
Continental Shelf ◽  
Legal Framework ◽  
Law Of The Sea ◽  
Maritime Boundary ◽  
United Nations Convention ◽  
The United Nations ◽  
Maritime Boundary Delimitation

The United Nations Convention on Law of the Sea (UNCLOS) came into force on November 18, 1994 to provide the legal framework for maritime boundary delimitation. Understanding the geomatics aspects of UNCLOS is vital for coastal nations to claim the ownership of the natural resources within the limits of their Continental Shelf. This paper discusses some of the geomatics aspects of UNCLOS, namely the geodetic and uncertainty issues. A case study for Egypt's outer limits is also presented.

In Pursuit of the White Whale of Cooperation

2020 ◽  
Vol 5 (2) ◽  
pp. 245-280
Author(s):  
Robert C. Steenkamp ◽  
Cameron Jefferies
Keyword(s):  
Law Of The Sea ◽  
Wild Fauna ◽  
International Obligation ◽  
Ex Ante ◽  
Commercial Whaling ◽  
United Nations Convention ◽  
International Instruments ◽  
First Time ◽  
The Relationship ◽  
Conservation And Management

Abstract On 26 December 2018, Japan announced that it would withdraw from the International Whaling Commission (iwc) and indicated its intention to begin commercial whaling for the first time in 30 years. Despite the ethical and political outcry from several States, the legal ramifications of Japan’s withdrawal requires further analysis. This article examines the relationship between Japan and the iwc ex ante and ex post Japan’s withdrawal. Such an examination highlights the influence that Japan’s international duty to cooperate in the conservation and management of cetaceans might have across various international instruments. Japan is no longer bound by the recommendations and resolutions of the iwc; however, Japan remains a member of both the United Nations Convention on the Law of the Sea and the Convention on International Trade in Endangered Species of Wild Fauna and Flora. With this in mind, the article examines the interaction between these three international instruments as well as the influence that such interaction might have on Japan’s international obligation to cooperate in the conservation of cetaceans.

The Freedom to Use the High Seas to Protect and Preserve the Marine Environment: Case Study of the Activities of The Ocean Cleanup

2021 ◽  
pp. 1-11
Author(s):  
Talitha Ramphal
Keyword(s):  
United Nations ◽  
International Law ◽  
Marine Environment ◽  
Marine Debris ◽  
Law Of The Sea ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
High Seas

Abstract Activities to tackle marine debris are conducted on the high seas by The Ocean Cleanup. The high seas are open to all States and may be used as long this is consistent with the United Nations Convention on the Law of the Sea (LOSC) and other rules of international law. This article argues that the LOSC provides for the freedom to use the high seas to protect and preserve the marine environment, including tackling marine debris, when interpreting Article 87 of the LOSC in light of present day needs.

scholarly journals Jurisdiction and Applicable Law in the Settlement of Marine Environmental Disputes under UNCLOS

2021 ◽  
Vol 9 (2) ◽  
pp. 337-353
Author(s):  
Lan Ngoc Nguyen
Keyword(s):  
United Nations ◽  
International Law ◽  
Marine Environment ◽  
Dispute Settlement ◽  
Law Of The Sea ◽  
Applicable Law ◽  
Environmental Disputes ◽  
General Manner ◽  
United Nations Convention ◽  
Marine Environmental

Abstract Part XII of the United Nations Convention on the Law of the Sea (UNCLOS) on the protection and preservation of the marine environment contains provisions that are worded in a general manner. As “the problems of ocean space are closely interrelated and need to be considered as a whole”, these provisions need to be interpreted in harmony with the wider corpus of international law. However, when marine environmental disputes are brought before the UNCLOS dispute settlement bodies, their jurisdiction is limited to disputes arising under UNCLOS. The tribunals, therefore, have to navigate between deciding disputes in a hollistic manner and remaining within their jurisdictional limits. This article discusses the techniques used by UNCLOS tribunals to resort to other sources of international law when settling marine environmental disputes. It will then assess whether, in doing so, the tribunals have remained within their jurisdictional parameters and the wider implications of this practice.

scholarly journals Management for Lombok Strait with Traffic Separation Scheme (TSS) and Particularly Sensitive Sea Area (PSSA) to Implement the IMO Regulations

2020 ◽  
Vol 9 ◽  
pp. 405-412
Author(s):  
Desi Albert Mamahit ◽  
Raudhotul Aulia ◽  
Priyati Lestari ◽  
Ahmad Hidayat Sutawidjaya ◽  
Sundring Pantja Djati
Keyword(s):  
Traffic Management ◽  
Qualitative Method ◽  
Swot Analysis ◽  
Law Of The Sea ◽  
Separation Scheme ◽  
The World ◽  
United Nations Convention ◽  
The Right ◽  
Sea Area

The growing field of shipping and the changes in the global military strategy of large countries which of course indirectly affect how well a country acts. As an archipelagic nation, Indonesia has the right to conceptualize a Traffic Separation Scheme to improve navigation safety in the Islands Sea Channel, based on Article 53 (6) of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) 1982 and also based on the IMO General Provisions for Adoption, Appointment and Replacement of the Islands Sea Plate. Traffic Separation Scheme (TSS) is a dividing line between the navigation boundaries of trade ships and the territorial waters of national jurisdictions. The Traffic Separation Scheme (TSS) Scheme is a traffic management route system governed by the International Maritime Organization or IMO. Then we can know that Indonesia has the right and obligation to regulate its own sea. Departing from this, the concept of the Traffic Separation Scheme (TSS) and Particularly Sensitive Sea Area (PSSA) was coined, as an effort of embodiment, a derivation of "lex specialis" International provisions adopted by all sea users in the world.  This study uses a qualitative method with an explanatory approach. The procedure used to obtain this information is through literature review. Data analysis in this study uses SWOT analysis (strength, weakness, opportunity and threat) and POAC (planning, organizing, actuating and controlling).  The result for this case study, must prepare carefully for the implementation of TSS and PSSA in the Lombok Strait, as a country that has declared itself as the first archipelagic state in the world that has a separation in its narrow sea. Given that the implementation is just counting the days. Indonesia does not need to doubt the benefits of TSS and PSSA itself, because TSS and PSSA become a "win-win solution" for both the user and coastal countries

scholarly journals OIL DISCHARGE BY SHIPS AS A FORM OF SECURITY THREAT IN MALAYSIAN PORTS

1970 ◽  
Vol 22 (1) ◽  
Author(s):  
Sharifah Zubaidah Syed Abdul Kader ◽  
Abdulkadir O. Abdulrazaq
Keyword(s):  
Marine Environment ◽  
Marine Pollution ◽  
Legal Framework ◽  
Law Of The Sea ◽  
Legal Regulations ◽  
Security Threat ◽  
Global Institutions ◽  
Prior Consent ◽  
United Nations Convention ◽  
Irreparable Damage

The United Nations Convention on the Law of the Sea (UNCLOS) 1982 and some other conventions contain provisions concerning protection of marine environment that enjoy the support of many other regional, national and global institutions. Vessel- sourced pollution is one of the major sources of marine pollution that encompasses accidental as well as, intentional discharge of oil and chemicals, dumping, etc. The Malaysian legal framework requires the consent of the relevant authority for a discharge that is above the quantity allowed.  However, despite the fact that there have been numerous regulations on the pollution of the marine waters it appears that pollution by vessels is still on the increase. The legal framework stipulating conditions for discharge of oil at seas is well established in many jurisdictions like Malaysia, however, some of the legal regulations appear to be inadequate, thereby threatening the marine environment and causing irreparable damage. This paper recommends prior consent of the appropriate authority and a stiffer penalty for every discharge of oil by vessels in order to avert hazardous damage.        Keywords: ,

Sign in / Sign up

Export Citation Format

Share Document