Marine Pollution And Its Effects on Global Environment

UNCLOS also requires states to conserve and manage marine living resources within and beyond areas of national jurisdiction. Conservation measures must be designed based on the best scientific evidence available, to maintain or restore population of harvested species at levels which can produce the maximum sustainable yield, and to maintain and restore population of associated or dependent species.¹⁷⁸

In addition to the overall global legal framework for marine environmental protection, including the implementation of MPAs provided by UNCLOS, the CBD in Article 8 requires each state party to establish a system of protected areas or areas where special measures need to be taken to conserve biological diversity and develop, where necessary guidelines for the selection, establishment and management of protected areas or areas where special measures need to be taken to conserve biological diversity. A number of other instruments also foresee the development of area based management tools, like the Convention on the Conservation of Migratory Species of Wild Animals 1979, Convention on Wetlands of International importance Especially as Waterfowl Habitat 1971, Convention for the Protection of the World Cultural and Natural Heritage 1972, International Convention on the Regulation of Whaling 1946. At regional level the scope of a number of regional seas conventions extends beyond areas of national jurisdiction, such as the Convention for the Protection of Mediterranean Sea Against pollution 1976, the Convention for the Protection of the Natural resources and Environment of the South Pacific Region 1986.

Dispute Settlement Regime in the United Nations Convention on the Law of the Sea

Reiterating the principle enshrined in Article 33 of the UN charter, Part XV of the convention provides that states parties shall settle by peaceful means any dispute between them the application and interpretation of the convention. The 1982 United Nations Convention on the Law of the Sea designates a number of judicial bodies for the settlement of disputes under the convention. These bodies are listed in Article 287 of the Convention and constitutes what are referred to as “compulsory procedures entailing binding decisions” under section 2 of Part XV of the convention.¹⁷⁹ In accordance with the Convention the courts and tribunals referred to in Article 287 of the convention have jurisdiction to adjudicate over disputes that may arise concerning the interpretation or application of the convention. The decisions they render are binding on the parties involved. These courts and tribunals have an important role in the implementation of the convention’s provisions, including the provisions that relate to the protection and preservation of the marine environment. The courts and tribunals may be called upon to settle disputes between states parties, or involving state parties and other entities, regarding the interpretation or application of such provisions. Article 297 of the convention provides that a dispute may be submitted to the competent court or arbitral tribunal by a state party against another state party when it is alleged that a coastal state has acted in contravention of specified international rules and standards for the protection or preservation of the marine environment which are applicable to the coastal state and which have been established by this convention or through a competent international organization or diplomatic conference in accordance with this convention.

Part XII of the Convention specially deals with provisions for protection of marine environment, however it is not limited to this part only and are also includes other parts and annexes. Article 19 on innocent passage states that an “act of willful and serious pollution” in the territorial sea is one of the acts that may be considered as “prejudicial to the peace and good order or security of the coastal state” and which will therefore deprive a ship of the rights of innocent passage in the territorial sea of the state concerned. Article 21 paragraph 2 sets limitations on the laws and regulations which a coastal state may adopt for inter alia the prevention, control and reduction of pollution of the marine environment. The paragraph states that such laws and regulations “shall not apply to the design, construction, manning or equipment of foreign ships unless they are giving effect to generally accepted international rules or standards”. Article 56 gives jurisdiction to the coastal state in the exclusive economic zone with regard to the protection and preservation of the marine environment, including the power to enforce national and international regulations for the prevention reduction and control of pollution from vessels. Article 60 specifies the rights and obligations of the coastal states regarding the construction of artificial islands, installations and structures in the exclusive economic zone, including the removal of abandoned or disused installations and the establishment of safety zones around such installations, taking into account applicable international standards. Provision relating to the protection and preservation of the marine environment are also to be found in parts XI and parts XIII of the convention. Disputes concerning the interpretation or application of any of these provisions may be brought before one or other of the courts or tribunals designated in Article 287 of the convention.

Disputes under Part XII of UNCLOS

Part XII of the Convention presents many areas of potential disputes between the states parties to the convention. Disputes could arise where it is alleged that a coastal states has exceeded the powers given to it by the convention to take measures for environmental protection against a foreign vessel; or that a coastal states has failed to comply with the applicable “safeguards” specified in the convention when taking measures against a foreign vessel.¹⁸⁰

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  The safeguards include measures to facilitate the hearing of witnesses and the admission of evidence submitted by authorities of another state, or by the competent international organization and shall facilitate the attendance at such proceedings of official representatives of the competent international organization, the flag state and any state affected by pollution arising out of any violation (Article 223).
  
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  The power of enforcement against foreign vessels under this part may only be exercised by officials or by warships, military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect (Article 224).
  
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  There is also a duty to avoid adverse consequences in the exercise of the power of enforcement. The state shall not endanger the safety of navigation or otherwise create any hazard to a vessel, or bring it an unsafe port or anchorage or expose the marine environment to an unreasonable risk (Article 255).
  
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  There is an obligation not to delay a foreign vessel longer than is essential, for purposes of the investigations. The inspection of a foreign vessel shall be limited to an examination of such certificates, records or other documents. If the investigation indicates a violation of applicable laws and regulations or international rules and standards for the protection and preservation of the marine environment release will be made after reasonable procedure (Article 226).
  
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  There is an obligation on the part of state not to discriminate in form or in fact against vessels of any other state (Article 227).
  
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  The duty of a coastal state to suspend proceedings to impose penalties in respect of violations in favour of measures taken or to be taken by the flag state (Article 228)
  
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  The requirement that only monetary penalties may be imposed with respect to violations committed by foreign vessels outside the territorial sea, except in cases of willful and serious acts of pollution in the territorial sea (Article 230)
  
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  The obligation on the coastal state to notify the flag state and other states concerned of measures taken against a foreign vessel (Article 231)
  

Disputes under Part XII of the Convention may also arise concerning whether a state has legitimately exercised the right under Article 234.The coastal states have the right to adopt and enforce non discriminatory laws and regulations for the prevention, reduction and control of marine pollution from vessels in ice covered areas within the EEZ, where the presence of ice creates obstruction. There may be controversy over the laws or regulations satisfy the due regard to navigation and the protection and preservation of the marine environment based on the best available scientific evidence (Article 234).

Disputes under other Parts of the Convention

Disputes affecting the protection and preservation of the marine environment may also arise in the application of the provisions of part XIII of the Convention of Marine Scientific Research. The relevant articles include Article 240(d) regarding the obligation on the part of states and international organization to ensure that marine scientific research conducted by them or on their behalf complies with relevant regulations for the protection and preservation of the marine environment. Article 263 declares that states and international organization shall be responsible and liable, pursuant to Article 235 for damage caused by pollution of the marine environment arising out of scientific research undertaken by them or on their behalf. The convention gives the right to coastal and port states to arrest or detain foreign vessels for violation of laws and regulations for the protection and preservation of the marine environment. Article 220 paragraph 6 empowers a coastal state to institute proceedings against a vessel, “including detention of the vessel in accordance with its laws” if there is “clear objective evidence” that the vessel has, in the exclusive economic zone of the state, committed a violation of applicable international or national rules and standards for the prevention, reduction and control of pollution from vessels, and if such violation has caused “major damage or threat of major damage to the coastline or related Interest” of the state.¹⁸¹ Article 226 paragraph 1 gives to a port state the right to undertake physical inspection of foreign vessels. Article 292 of the convention gives to the flag state of the arrested ship right to apply to a competent court or tribunal for the release of the ship if the detaining state fails to release the ship upon the posting of the requisite security. in absence on agreement between the states on a particular court, the application can be brought before International Tribunal for the Law of the Sea. Part XI of the Convention, the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea has special competence over disputes concerning the prevention of pollution or other forms of degradation of the marine environment of the Area arising from activities that are undertaken in the Area.

The dispute settlement regime of the LOSC is intended to play an important role in the interpretation and application of the provisions of the Convention on the protection and preservation of the marine environment.

Effects of Marine Pollution on the Global Environment

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  The main sources of organic pollution are sewage plants, forestry, farming and also airborne nitrogen oxides from automobiles and power plants. When organic matter is disposed of into the sea, the matter absorbs dissolved oxygen which reduces the level of oxygen in the ocean that marine organisms require. Decomposition of organic matter causes a drop in dissolved oxygen. Particularly calm weather and sheltered bays. This can cause the death of marine plants and animals and may lead to change in biodiversity. Effluent rich in nitrogen and phosphorous result in eutrophication (over fertilization) which cause algal bloom, the bloom can discolour water. Pathogenic microorganisms cause gastric and ear nose throat infections.
  

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  Oil is also dangerous to marine pollution its effects are harmful and also permanent oil find its way through many ways like from land oil spills etc oil sticks to the body of marine organisms making them incapable of performing necessary function. Sea birds are the ones most affected by oil spills, as oil sticks to their wings, rendering them flightless. Oil also floats on the top, forming a thick impermissible membrane which prevent marine organisms to come to the surface for sunlight and oxygen and eventually will kill them. The black and opaque layer on top prevents sunlight and affects the photosynthesis of plants.
  

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  Sediments from dredging and mining make the sea water cloudy, preventing sunlight to reach the marine plants on the sea bed. Sediments can also bury fish and other delicate species such as coral reefs.
  

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  Plastic from waste disposal through land, from ship and litter on beach affect the breathing or swimming, discarded fishing nets are also harmful. Plastic fragments can be mistaken as food by fish or other sea life which kill them. Turtle for eg. Often swallow floating plastic bags, mistaking them for jelly fish.
  

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  Pesticides such as DDT and other persistent chemicals eg. PCBs accumulate in the fatty tissues of animals. These chemicals can cause reproductive failure in marine mammals and birds.
  

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  Sips often paint their hulls with anti fouling substances e.g. tributyl-tin or TBT, to prevent growth of marine organisms. These substances leach into water and can affect animal life in high traffic areas.
  

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  Discarded radioactive materials from nuclear submarines and military wastes have been a major source of radioactivity in the oceans which cause fatal harm.