Marine Pollution And Its Effects on Global Environment

“Sates shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment from land-based sources, including rivers, estuaries, pipelines and outfall structures, taking into account internationally agreed rules, standards and recommended practices and procedures.2. States shall take other measures as may be necessary to prevent, reduce and control such pollution.3. States shall endeavour to harmonize their policies in this connection at the appropriate regional level.4. States, acting especially through competent international organizations or diplomatic conference, shall endeavour to establish global and regional rules, standards and recommended practices and procedures to prevent, reduce and control pollution of the marine environment from land-based sources, taking into account characteristic regional features, the economic capacity of developing States and their need for economic development. Such rules, standards and recommended practices and procedures shall be re-examined from time to time as necessary.5. Laws, regulations, measures, rules, standards and recommended practices and procedures referred to in paragraphs 1, 2 and 4 shall include those designed to minimize, to the fullest extent possible, the release of toxic, harmful or noxious substances, especially those which are persistent, into the marine environment.”

175^ Philippe Sands QC, supra note 173 at p.449.

176^ Alan E Boyle, Marine pollution under the Law of the Sea Convention, American Journal of International Law vol 79 No.2 April 1985 p.353.

177^ Charlotte Salpin and Valentina Germani, “Marine Protected Areas beyond Areas of National Jurisdiction: What’s Mine is Mine and what you Think is Yours is also Mine,” Review of European Community and International Environmental Law, Volume 19, Issue 2, 2010 p176.

178^ Article 118 of UNCLOS “states shall, cooperate with each other in the conservation and management of living resources in the areas of the high seas. States whose nationals exploit identical living resources or different living resources in the same area shall enter into negotiations with a view to taking the measures necessary for the conservation of the living resources concerned. They shall as appropriate cooperate to establish sub regional or regional fisheries organizations to this end”. and 119(1) reads “ In determining the allowable catch and establishing other conservation measures for the living resources in the high seas, states shall: (a) take measures which are designed on the best scientific evidence available to the states concerned to maintain or restore populations of harvested species at levels which can produce the maximum sustainable yield, as qualified by relevant environmental and economic factors including the special requirements of developing states, and taking into account fishing patterns the interdependence of stocks and any generally recommended international minimum standards whether sub regional, regional,or global.(b)take into consideration the affects on species associated with or independent upon harvested species with a view to maintaining or restoring populations such associated or dependent species above levels at which their reproduction may become seriously threatened.(2)Available scientific information, catch and fishing effort statistics, and other data relevant to the conservation of fish stocks shall be contributed and exchanged on a regular basis through competent international organizations whether sub regional, regional or global, where appropriate and with participation by all states concerned.(3) states concerned shall ensure that conservation measures and their implementation do not discriminate in form or in fact against the fishermen of any state”.

179^ UNCLOS Article 287(1) states when signing, ratifying or acceding to this Convention or at any time thereafter, a state shall be free to choose, by means of a written declaration, one or more of the following means for the settlement of disputes concerning, the interpretation or application of this convention (a)the international Tribunal for the Law of the Sea established in accordance with Annex VI,(b) the International Court of Justice, (c) an arbitral tribunal constituted in accordance with Annex VII, (d) a special arbitral tribunal constituted in accordance with Annex VIII for one or more of the categories of disputes specified therein. (2) A declaration made under paragraph 1 shall not affect o be affected by the obligation of a state party to accept the jurisdiction of the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea to the extent and in the manner provided for in part XI section 5. (3) A State Party, which is a party to a dispute not covered by a declaration in force, shall be deemed to have accepted arbitration in accordance with Annex VII. (4) If the parties to a dispute have accepted the same procedure for the settlement of the dispute, it may be submitted only to that procedure, unless the parties otherwise agree. (5) If the parties to a dispute have not accepted the same procedure for the settlement of the dispute, it may be submitted only to arbitration in accordance with Annex VII, unless the parties otherwise agree. (6) A declaration made under paragraph 1 shall remain in force until three months after notice of revocation has been deposited with the Secretary-General of the United Nations. (7)A new declaration, a notice of revocation or the expiry of a declaration does not in any way affect proceedings pending before a court or tribunal having jurisdiction under article, unless the parties otherwise agree. (8) Declarations and notices referred to in this article shall deposited with the Secretary-General of the United Nations, who shall transmit copies thereof to the State Parties.

180^ Thomas A Mensah “Protection and Preservation of the Marine Environment and the Dispute Settlement Regime in the United Nations Convention on the Law of the Sea,” Andree Kirchner(ed.), International Marine Environmental Law,( Kluwer International, 2003), p.11

181^ Ibid. p.13.

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