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.

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.

Law of the Sea

2019 ◽  
pp. 520-538
Author(s):  
Yoshifumi Tanaka
Keyword(s):  
United Nations ◽  
Legal Framework ◽  
Law Of The Sea ◽  
Crucial Issue ◽  
Fish Stocks ◽  
Common Heritage Of Mankind ◽  
Marine Environmental Protection ◽  
The Law ◽  
Marine Environmental

The aim of this chapter is to examine the role of the United Nations (UN) in treaty-making in the field of the law of the sea. In particular, this chapter addresses the First and Third United Nations Conferences on the Law of the Sea, and the treaty-making process of two implementation agreements, that is, the 1994 Implementation Agreement and the 1995 Fish Stocks Agreement. In this regard, it is important to note that the tasks of the conferences in the field of the law of the sea have changed over time. At the First UN Conference on the Law of the Sea, its primary task was to establish a legal framework for coordinating interests of individual states according to multiple jurisdictional zones. In contrast, the Third UN Conference on the Law of the Sea that adopted the UN Convention on the Law of the Sea (UNCLOS) dealt not only with the reconciliation of competing state interests but also with the safeguarding of community interests, such as the establishment of the deep seabed regime on the basis of the principle of common heritage of mankind and marine environmental protection. As demonstrated by this Conference, the task of treaty-making conferences under the auspices of the UN is no longer limited to the reconciliation of state interests but includes the safeguard and promotion of community interests at sea. Thus, the reconciliation between state interests and community interests should be a crucial issue in treaty-making in the law of the sea.

scholarly journals ANALISA TEKNIS DAN EKONOMIS PEMILIHAN MANAJEMEN AIR BALLAS PADA KAPAL (SHIP BALLAST WATER MANAGEMENT) DI INDONESIA

Kapal ◽  
2016 ◽  
Vol 13 (3) ◽  
pp. 126
Author(s):  
Mohammad Sholikhan Arif ◽  
Hesty Anita Kurniawati ◽  
M. Nurul Misbah
Keyword(s):  
Water Management ◽  
United Nations ◽  
Ballast Water ◽  
International Maritime Organization ◽  
Law Of The Sea ◽  
International Convention ◽  
United Nations Convention ◽  
Control And Management ◽  
Ship Ballast Water ◽  
Ballast Water Management

Peraturan yang mengatur dan manajemen dari air ballas dikeluarkan oleh IMO (International Maritime Organization) melalui konvensi Manajemen air ballas. Konvensi tersebut menyatakan bahwa organisme yang berbahaya terhadap lingkungan, kesehatan manusia, properti atau sumber daya merusak keanekaragaman hayati atau mengganggu pemanfaatan terhadap suatu area jika dilepaskan di air laut. Pemerintah Republik Indonesia mengeluarkan Peraturan Presiden No. 132 tahun 2015 mengenai pengesahan Konvensi internasional untuk pengendalian dan manajemen air ballas dan sedimen dari kapal 2004 (The  International Convention for the control and management of ships ballast water and sediment’s 2004). Penelitian ini bertujuan untuk menganalisa sejauh mana kesiapan Indonesia dalam ratifikasi peraturan (come into force) Ballast water Management serta dampak yang diakibatkan setelah peraturan tersebut diratifikasi. Metode yang dilakukan dalam penelitian ini menggunakan 3 pendekatan yaitu dari aspek hukum, aspek teknis dan aspek ekonomis. Hasil dari penelitian ini adalah Peraturan Pemerintah Nomor 21 Tahun 2010 tentang Perlindungan Lingkungan Maritim sebagai jabaran dari Undang-Undang Nomor 17 Tahun 2008 tentang Pelayaran, telah sejalan dengan Konvensi Internasional untuk Pengendalian dan Manajemen Air Ballas dan Sedimen dari Kapal, 2004 dan Undang-Undang Nomor 17 Tahun 1985 tentang pengesahan United Nations Convention on the LAW of the Sea (UNCLOS). Serta Penggunaan sistem manajemen air ballas untuk kapal di perairan Indonesia lebih efektif dan efisien menggunakan filtration + electrolysis

The Chinese Marine Environmental Protection Law

1999 ◽  
Vol 1999 (1) ◽  
pp. 721-723
Author(s):  
Cindy Chen ◽  
Mike Hicks
Keyword(s):  
Environmental Protection ◽  
Construction Projects ◽  
Marine Pollution ◽  
International Treaties ◽  
Environmental Laws ◽  
International Convention ◽  
Marine Environmental Protection ◽  
The Law ◽  
Marine Environmental ◽  
Chinese Marine

ABSTRACT The concept of marine environmental protection and its development was introduced to the People's Republic of China in the 1980s. This followed the enactment of the Environmental Protection Law (1979, 1989), a revision to the Constitution, and the adoption of international environmental laws. The Chinese Marine Environmental Protection Law (MEPL) was promulgated in 1983 after China signed the 1982 U.N. Convention on the Law of the Sea. Both national environmental laws and various international conventions and agreements influenced the MEPL. For example, the MEPL closely follows provisions outlined by the International Convention for the Prevention of Pollution from Ships (MARPOL) and other international treaties. China has concerns about marine pollution not only within its own territory but outside its jurisdiction as well. Thus, the MEPL explicitly states that the provisions of the law apply to areas beyond China's territorial sea. As provided by the MEPL, China has the right to assert jurisdiction over foreign vessels beyond its territorial sea when they engage in activities that cause pollution to China's environment. However, questions arise as to China's coastal state jurisdiction. China's view on sovereignty is a controversial issue, and it is unclear whether the MEPL can be invoked to confer liability in waters outside of China's jurisdiction. Despite uncertainty over the jurisdiction issue, the MEPL is a significant and comprehensive law for marine protection. It regulates five major sources of marine pollution: coastal construction projects, off-shore oil exploration and exploitation, land-source pollutants, vessel pollution, and the dumping of wastes at sea. The purpose of this paper is to provide a brief comparison of the MEPL and relevant international laws and an understanding of critical issues covered by the MEPL.

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 The new Brazilian Space: Amazônia Azul and its implications

2017 ◽  
Vol 19 (2) ◽  
pp. 379
Author(s):  
Marianne L. Wiesebron
Keyword(s):  
Technology Transfer ◽  
United Nations ◽  
Land Surface ◽  
Oil And Gas ◽  
Law Of The Sea ◽  
United Nations Convention ◽  
The United Nations ◽  
Offshore Oil And Gas ◽  
Set Up ◽  
Offshore Oil

A Brazilian Admiral coined the concept Amazônia Azul or Blue Amazon, to draw attention to the incredible size of the country’s jurisdictional waters and to all the resources they contain, living, mineral including offshore oil and gas. These waters represent nearly 4.5 million km2 , which equals over 50% of the country’s land surface. However, to create this space with this enormous size, the Brazilian Interministerial Commission for Sea Resources (CIRM), coordinated by the Navy, had to be quite ingenious to follow the rules of the United Nations Convention on the Law of the Sea (UNCLOS). This article studies first the establishment of the space Amazônia Azul, then how this space is being developed in a sustainable way, and how its defence is being set up. The policies of defence created by the Lula Government are also quite innovative, and, in particular, the technology transfer with strategic military partners warrants special attention.

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.

2 The United Nations Convention on the Law of the Sea and the Protection and Preservation of the Marine Environment

2017 ◽  
Author(s):  
Harrison James
Keyword(s):  
United Nations ◽  
Marine Environment ◽  
Sustainable Use ◽  
Subsequent Development ◽  
Law Of The Sea ◽  
Marine Environmental Protection ◽  
History Of ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

Chapter 2 examines the way in which marine environmental protection is addressed in the United Nations Convention on the Law of the Sea (UNCLOS). UNCLOS sets out the jurisdictional framework for the law of the sea and prescribes general principles and rules relating to pollution of the marine environment and the sustainable use of marine living resources. The chapter considers the drafting history of UNCLOS. It explores the range of substantive and procedural rules on the protection of the marine environment, as well as how those provisions have been interpreted in recent judicial or arbitral proceedings. The chapter argues that UNCLOS provides a basic layer of protection for the marine environment but it also foresees the subsequent development of environmental rules and standards that are more detailed. Thus, UNCLOS should be understood as an umbrella convention that must read in light of other treaties and related instruments.

Sign in / Sign up

Export Citation Format

Share Document