Posted: July 29th, 2023

Which Maritime Laws Regulate Pollution from Ships

Which Maritime Laws Regulate Pollution from Ships: A Study of the International Conventions and National Regulations Governing Ship-Generated Pollution

Introduction

Maritime pollution is a serious threat to the marine environment and human health. According to the United Nations Environment Programme (UNEP), more than 80% of marine pollution originates from land-based sources, such as industrial waste, agricultural runoff, sewage and litter. However, pollution from ships also contributes to the degradation of the oceans, especially in areas with high maritime traffic, such as the Mediterranean Sea, the Baltic Sea, the North Sea and the Caribbean Sea.

Pollution from ships can take various forms, such as oil spills, chemical leaks, sewage discharge, garbage dumping, air emissions and invasive species introduction. These pollutants can have adverse impacts on marine ecosystems, biodiversity, fisheries, tourism, recreation and human health. For example, oil spills can cause oil slicks that smother marine life, reduce oxygen levels, alter food webs and affect coastal habitats. Chemical leaks can contaminate seawater and sediments, posing risks to aquatic organisms and humans who consume seafood. Sewage discharge can introduce pathogens, nutrients and organic matter that can cause eutrophication, algal blooms and diseases. Garbage dumping can create marine debris that can entangle, injure or kill marine animals, damage coral reefs and transport invasive species. Air emissions can contribute to global warming, acidification and ozone depletion that can affect the climate system and marine life. Invasive species introduction can alter the native biodiversity and ecosystem functioning, displacing or preying on native species.

To address the problem of pollution from ships, several international conventions and national regulations have been developed over the years. These legal instruments aim to prevent, reduce or control the discharge of harmful substances from ships into the marine environment. They also provide for monitoring, enforcement and liability mechanisms to ensure compliance and accountability. This paper will examine some of the main international conventions and national regulations governing ship-generated pollution, focusing on their scope, content, implementation and effectiveness.

International Conventions

The main international convention covering prevention of pollution of the marine environment by ships from operational or accidental causes is the International Convention for the Prevention of Pollution from Ships (MARPOL). The MARPOL Convention was adopted on 2 November 1973 at the International Maritime Organization (IMO), a specialized agency of the United Nations responsible for regulating shipping. The Convention was amended by a Protocol in 1978, following a series of tanker accidents in 1976-1977. The combined instrument, known as MARPOL 73/78, entered into force on 2 October 1983. Since then, it has been updated by several amendments through the years.

The MARPOL Convention consists of six technical annexes that deal with different types of pollutants:

– Annex I: Regulations for the Prevention of Pollution by Oil
– Annex II: Regulations for the Control of Pollution by Noxious Liquid Substances in Bulk
– Annex III: Prevention of Pollution by Harmful Substances Carried by Sea in Packaged Form
– Annex IV: Prevention of Pollution by Sewage from Ships
– Annex V: Prevention of Pollution by Garbage from Ships
– Annex VI: Prevention of Air Pollution from Ships

Each annex contains general provisions on definitions, application, exceptions, exemptions and special areas; technical regulations on discharge criteria, equipment requirements, operational measures and reception facilities; and administrative provisions on surveys, certification, inspection and reporting.

The MARPOL Convention applies to all ships engaged in international voyages or operating in waters under the jurisdiction of a party to the Convention. A ship is defined as “a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats,
air-cushion vehicles,
submersibles,
floating craft
and fixed or floating platforms” (MARPOL Annex I Regulation 1). A party is a state that has ratified or acceded to the Convention or any of its annexes.

The MARPOL Convention is based on the principle that “the discharge of such substances shall be prohibited except when performed in accordance with the requirements provided for in this Convention” (MARPOL Article 2). The requirements vary depending on the type and quantity of pollutant,
the size and type of ship,
the location and condition of discharge,
and the availability of reception facilities. In general,
the Convention prohibits or restricts discharges that may cause harm to the marine environment or human health,
and requires ships to be equipped with appropriate devices or systems to prevent or minimize such discharges.

The MARPOL Convention also establishes special areas where more stringent discharge standards apply due to their ecological,
economic or scientific significance. These areas include:

– The Mediterranean Sea area
– The Baltic Sea area
– The Black Sea area
– The Red Sea area
– The Gulfs area
– The North West European waters
– The Oman area of the Arabian Sea
– The Southern South African waters
– The Antarctic area
– The Wider Caribbean region

In addition to the MARPOL Convention, there are other international conventions that address specific aspects of pollution from ships, such as:

– The International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC), 1990, which provides for international co-operation and assistance in case of major oil pollution incidents.
– The International Convention on Civil Liability for Oil Pollution Damage (CLC), 1969, and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (FUND), 1971, which provide for compensation and liability regimes for oil pollution damage caused by oil tankers.
– The International Convention relating to Intervention on the High Seas in Cases of Oil Pollution Casualties (INTERVENTION), 1969, which authorizes states to take measures on the high seas to prevent, mitigate or eliminate grave and imminent danger to their coastline or related interests from oil pollution or threat thereof.
– The Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (LDC), 1972, which regulates the deliberate dumping of wastes and other matter at sea from vessels and platforms.
– The International Convention for the Control and Management of Ships’ Ballast Water and Sediments (BWM), 2004, which aims to prevent, minimize and ultimately eliminate the transfer of harmful aquatic organisms and pathogens through the control and management of ships’ ballast water and sediments.

National Regulations

While international conventions provide a common framework for regulating pollution from ships, they need to be implemented by national laws and regulations to be effective. States have the obligation to adopt laws and regulations to give effect to the provisions of the conventions they are parties to, and to ensure compliance by ships flying their flag or operating in their waters. States also have the right to adopt more stringent measures than those required by the conventions, as long as they are consistent with international law and do not hamper international shipping.

National regulations may vary depending on the legal system, the political will, the environmental awareness and the economic interests of each state. However, some common elements can be identified in most national regulations, such as:

– Designating competent authorities responsible for implementing and enforcing the regulations
– Establishing procedures for issuing certificates, conducting surveys and inspections, reporting incidents and violations, imposing sanctions and providing remedies
– Providing guidance on technical standards, operational practices, contingency plans and emergency response
– Setting up reception facilities for collecting ship-generated wastes and ensuring their proper disposal
– Developing monitoring systems for detecting and assessing pollution from ships
– Promoting education, training and awareness-raising among stakeholders involved in shipping activities

Some examples of national regulations governing pollution from ships are:

– The United States Oil Pollution Act (OPA), 1990, which enhances the federal government’s ability to prevent and respond to oil spills, establishes a trust fund financed by a tax on oil, increases penalties for responsible parties, and broadens the scope of liability and compensation for oil pollution damage.
– The European Union Directive on Port Reception Facilities for Ship-generated Waste and Cargo Residues (PRF), 2000/59/EC, which aims to reduce discharges of ship-generated waste and cargo residues into the sea by improving the availability and use of port reception facilities in EU ports.
– The Australian Protection of the Sea (Prevention of Pollution from Ships) Act (POTS), 1983, which implements Australia’s obligations under MARPOL and other international conventions, provides for a national plan for combating pollution incidents involving hazardous substances,
and empowers authorities to take action against polluters.

Conclusion

Pollution from ships is a global problem that requires global solutions. International conventions and national regulations are essential tools for preventing,
reducing or controlling the discharge of harmful substances from ships into the marine environment. However,
they are not sufficient by themselves. They need to be complemented by other measures,
such as:

– Enhancing co-operation and co-ordination among states,
regional organizations,
industry associations,
non-governmental organizations,
and other stakeholders involved in shipping activities
– Improving technology,
innovation,
and best practices for designing,
building,
operating,
and maintaining ships and their equipment
– Increasing awareness,
education,
and training among ship owners,
operators,
crews,
port authorities,
and other relevant actors
– Strengthening monitoring,
enforcement,
and compliance mechanisms at national,
regional,
and international levels
– Promoting incentives,
voluntary initiatives,
and market-based instruments that encourage environmentally sound behavior by shipping actors

By working together towards these goals,
we can ensure that shipping remains a safe,
efficient,
and sustainable mode of transport that respects the marine environment and human health.

Works Cited

International Maritime Organization. “International Convention for the Prevention of Pollution from Ships (MARPOL).” IMO. https://www.imo.org/en/About/Conventions/Pages/International-Convention-for-the-Prevention-of-Pollution-from-Ships-(MARPOL).as.