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: ,

scholarly journals Podstawowe zasady międzynarodowej ochrony środowiska morskiego. Wybrane aspekty prawa, doktryny i praktyki

2006 ◽  
Vol 4 (1) ◽  
pp. 327-340
Author(s):  
Leonard Łukaszuk
Keyword(s):  
Marine Environment ◽  
Environmental Law ◽  
Law Of The Sea ◽  
International Protection ◽  
Philosophical Background ◽  
Key Issues ◽  
United Nations Convention ◽  
Practical Experiences ◽  
Law And Science ◽  
Interdisciplinary Study

The author of this article presents the notion and meaning of international protection of the marine environment and offers a solid legal and philosophical background to this issue. He points at and systematically analyzes a kind of compendium of selected main legal and philosophical principles as environmental values, included in the United Nations Convention on the law of the sea (1982). The author discusses both environmental management at seas as a global system and topical issues in the light of international legal instruments, doctrine, and some practical experiences. He also shows the environmental law as an increasingly important area of new interdisciplinary study and addresses how this law and science may best able to address the key issues facing the marine environment in the 21st century.

scholarly journals The UNCLOS Dispute Settlement System: What Role Can It Play in Resolving Maritime Disputes in Asia?

2017 ◽  
Vol 8 (1) ◽  
pp. 91-115 ◽  
Author(s):  
Lan Ngoc NGUYEN
Keyword(s):  
Dispute Settlement ◽  
Legal Framework ◽  
Law Of The Sea ◽  
Settlement System ◽  
High Profile ◽  
The World ◽  
Maritime Disputes ◽  
United Nations Convention ◽  
Dispute Settlement System ◽  
The Unclos

AbstractAsia is currently the scene of some of the most high-profile maritime disputes in the world. Even though the majority of states in Asia are parties to the United Nations Convention on the Law of the Sea [UNCLOS], its dispute settlement system has only been utilized in a handful of cases. Given that negotiations have brought about limited results in easing many of the tensions, it is worth asking whether the UNCLOS dispute settlement system can play a role in the resolution of maritime disputes in Asia. This paper, based on a review of the disputes before UNCLOS Tribunals, as well the advantages and limitations of the system, argues that the UNCLOS dispute settlement system can make meaningful contributions to resolving thorny disputes between Asian states. It does so by providing a solution to the disputes brought before them, clarifying the legal framework for the conduct of the parties and facilitating co-operation amongst countries in the region.

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.

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.

scholarly journals Enforcement and sanctioning system deficit under UNCLOS? A closer look at the Fukushima accident

2019 ◽  
pp. 47-59
Author(s):  
Hanna Banaszek
Keyword(s):  
International Cooperation ◽  
Marine Environment ◽  
Marine Pollution ◽  
Law Of The Sea ◽  
Fukushima Accident ◽  
The Public ◽  
Marine Life ◽  
Sources Of Pollution ◽  
Fukushima Daiichi ◽  
Source Of Pollution

The marine pollution is rarely debated from the perspective of land-based sources of pollution under the 1982 UN Convention on the Law of the Sea (UNCLOS). This article centres not only on a land-based source of pollution of the sea, but also a very particular one – the 2011 Fukushima Daiichi accident. Apart from causing severe infrastructural damage and posing a radiation-related threat to the public, Fukushima has had a lasting impact on the marine environment, too. Especially,since the operator of the plant has so far been unsuccessful in completely eliminating the radioactive leakage into the seas. This article considers the actual impact of the accident on the marine life along with the relevant recovery and remediation measures aimed to limit said impact, all in the light of the provisions of UNCLOS. Especially, with regard to its problematic (rather underdeveloped) enforcement and sanctioning system which should be more balanced, considering the various contemporary sources of pollution of the seas. Notwithstanding, UNCLOS will most likely further strengthen international cooperation with the ultimate aim of preventing the pollution of the world’s oceans.

6 Applications for Provisional Measures

2021 ◽  
Author(s):  
Kittichaisaree Kriangsak
Keyword(s):  
United Nations ◽  
Marine Environment ◽  
The Other ◽  
Law Of The Sea ◽  
Arbitral Tribunal ◽  
International Tribunal ◽  
The Third ◽  
United Nations Convention ◽  
The Law ◽  
The One

This chapter assesses applications for provisional measures of protection under the 1982 United Nations Convention on the Law of the Sea (UNCLOS). At the Third UN Conference on the Law of the Sea, the need for courts or tribunals having jurisdiction under UNCLOS to have the power to prescribe provisional measures was beyond dispute although there was considerable debate concerning the details of the regime associated with such measures. The finally adopted Article 290 of UNCLOS, under the heading ‘Provisional measures’, represents the best possible compromise. Provisional measures are divided into provisional measures prescribed by the International Tribunal for the Law of the Sea (ITLOS) under Article 290(1) pending ITLOS’ judgment on the merits of the dispute, on the one hand, and provisional measures prescribed by ITLOS under Article 290(5) pending the constitution of an arbitral tribunal to which a dispute is being submitted, on the other hand. The request for the prescription of provisional measures shall be in writing and specify the measures requested, the reasons therefor, and the possible consequences, if the request is not granted, for the preservation of the respective rights of the parties or for the prevention of serious harm to the marine environment.

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.

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.

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