Marine Pollution

By Wan Mariam Wan AbdullahMarine PollutionMarine 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 PollutionShipping activities oil, fumes, ballast water, radiation by nuclear-powered ships, garbage, chemicals, liquid gas, radio-active, sewageDumping disposing waste of land based activities, radio-active waste, military materials, sewage, industrial wasteSea-bed activities structures, industrial debris, domestic refuse, chemicalsLand-based and atmospheric pollution sewage, industrial waste, chemicals, fertilisers, pesticidesFramework of international lawCustomary: 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, MARPOLChange in UNCLOS IIIPrescription and Enforcement of Pollution StandardsFlag StateCoastal StatePort StatePrescription Pre-UNCLOS IIINational standards HSCNational standards in TS not prejudice right of innocent passage TSC & MARPOLNational standards for foreign vessels in port and treatiesEnforcement Pre-UNCLOS IIIAnywhere & may arrest at high sea, criminal proceedings at other areaArt 19 TSC, arrest and criminal proceedingsArrest & criminal proceeding within TS and portcontFlag StateCoastal StatePort StatePrescription Post UNCLOS IIINational standards HSC- Same effects with rules and regulations accepted by competent authority IMO (211(2)Reduction of kinds of pollution, but increase geographical area of application -EEZNo changesEnforcement Post UNCLOS IIIArt 217 must enforce & arrest in HS & EEZ- penalties, prohibit from entering the sea, ensure the ship carry certificate periodically, inspect the shipArt 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