UNCLOS and MARPOL

UNCLOS
The United Nations Convention on the Law of the Sea (UNCLOS)
provides the first comprehensive, enforceable international
environmental law covering all forms of marine pollution. The
1982
Convention entered into force on November 16, 1994. The
convention also addresses a wide range of additional topics
relating
to shipping and the sea, including safety, economic activity,
research,
and dispute resolution.
The convention establishes a framework for co-
operation in conservation and management of marine
resources, serving as an umbrella organization for
other international, regional, and national
organizations with similar goals. The agreement
makes it mandatory(incubent)upon signatories to co-
operate in protecting the marine environment against
all forms of pollution whenever possible. It includes
specific reference to marine, land-based, and
atmospheric sources of pollution, as well as
endangered species and their habitats. It also
encourages regular monitoring and reporting.
The convention requires that national pollution laws and
marine dumping policies be at least as stringent as
international policy. It the impetus (push or motivation) on
national governments to enforce such policy in their economic
and territorial waters, and near their continental shelves.

The convention encourages states to employ whatever

means and laws necessary to accomplish these
environmental goals.

Although the laws surrounding pollution violations have

traditionally been handled by the civil branches of
judiciaries, criminal law is now being used to prosecute
environmental cases in some countries, notably, the US.
 Broadened authority of port states

The Convention is particularly progressive in allowing for

enforcement by port states that may want to regulate vessels whose
crews, equipment, permits, or discharges violate generally accepted
International standards. Under UNCLOS, port states can also
prosecute violations that occurred elsewhere, as can flag states.
This allows for the regulation of ships flying FOCs, and makes up for
much of the inadequacy of national enforcement by flag countries
when their ships cause pollution elsewhere.

Although in theory the signatories of UNCLOS have quite broad

authority over foreign flagged vessels, the agreement is very new.
Older understandings protecting foreign-flagged vessels and
economic considerations make governments (leery) doubtful of detaining
them, despite the provisions of UNCLOS.
 Despite its drawbacks and lack of universal
acceptance,UNCLOS is an important step in the right
direction for the global environmental protection efforts. Its
emphasis on international co-operation and standards for
shipping will likely make non-compliance an expensive and
ultimately inefficient option for ship owners. This in turn should
have sweeping and beneficial effects on safety, labour
conditions,and environmental protection within the industry in the
new millennium.

MARPOL 73/78
MARPOL 73/78 and its subsequent amendments contain
20articles,
two protocols, and five technical annexes dealing with operational
discharges from ships. To reduce pollution, MARPOL employs a
five-fold strategy allowing for:
• regulations on ship construction and equipment
• regulations for on-board operations and record keeping
• regulations on surveys and inspections
• the issue of certificates
• improved monitoring facilities.
The Annexes
MARPOL’s Annexes I & II are mandatory, and MARPOL
signatories are forced to comply with their stipulations within a
specified period.
Annex1. Controls various ship design features to reduce the
probability and impact of oil pollution events. These features
include cargo tank size, segregated ballast, and other structural
requirements concerning stability and compartmentalization.
Annexes II and III uses several codes to control the carriage of
Liquid and solid goods in bulk or packaged.
These include:
• The International Code for the Construction of Ships Carrying
Dangerous Chemicals in Bulk (IBC Code). This code applies to
all ships intended to carry bulk chemicals and all tankers
constructed after 1986

• T
• he International Code for the Construction and Equipment of
Ships Carrying Liquefied Gases in Bulk (IGC Code). This code
governs the construction of gas carriers, specifying four types
based on cargo type and the necessary level of precautions.

• •The International Maritime Dangerous Goods Code (IMDG

Code). This controls the transport of all dangerous goods.
• •The Code of Safe Practice for Solid Bulk Cargoes (BC Code).
This code is primarily safety based, springs from SOLAS
recommendations, and concerns all solid bulk cargo.

Annexes IV and V of MARPOL relate respectively to sewage

pollution and garbage disposal by ships. These sections regulate
and
prohibit these inputs by ships, limiting the locations, types, and
amounts of such releases.
 UNEP, CAP, and CEP
United Nations Environment Programme (UNEP)

The United Nations Environment Programme was founded at the

1972 Stockholm Conference on the Human Environment. The
UNEP mission is:
…to provide leadership and encourage partnerships
In caring for the environment by inspiring,
informing and enabling nations and people to
Improve their quality of life without compromising
that of future generations.
UNEP’s organization and strategy.
The UNEP’s governing council is headed by an Executive Director.
Its 58 members are elected by the UN General Assembly to four-year
terms.
The UNEP strategy relies on an integrated approach to
environmental problem solving, co-ordinating diverse activities
including:
• •environmental advocacy
• •educational programs
• •international partnerships
• •industrial outreach, research, and database projects
• •regional action plans
• •international conventions.

Regional action plans

UNEP’s broad mandate gave rise in 1974 to the Regional Seas
Programme (RSP).
This program has grown into a collection of 13
regional conventions called action plans, whose participants include
over 140 nations around the world. The Regional Seas Programme
strives to tackle the causes and consequences of environmental
degradation by helping governments develop comprehensive
management strategies for their marine and coastal areas.
Action plans are developed by UNEP in consultation with the
countries within a region during a preparatory phase. They are
formally adopted by an intergovernmental meeting of the countries
within the region, and generally include the following components.
environmental assessment—This involves commissioning scientific research,
gathering existing environmental data, and analyzing the socio-economic and
political climate of the various nations within the region

•Environmental management—Sound environmental management principals are

developed within the region. This is done through educational outreach and
workshops designed to train representatives from participating nations in
environmental impact assessment, ecosystem management, waste management
and contingency planning

•Environmental legislation—A regional convention is developed under which

participating nations develop national legislation and enforcement policies consistent
with their individual legal infrastructures. Multi-lateral legal agreements are often
negotiated to strengthen co-operation among states

•
Institutional arrangements—The governments from within a region agree on
an organization to act as a secretariat for the action plan, and a meeting
schedule to monitor program progress and allocate funds as required.

•Financial arrangements—UNEP provides start-up financing for regional

programs, but they are expected to maintain themselves through internal
funding once established. This is often managed using a trust fund to which
participating governments contribute. Governments also support programs
by providing human and material resources already in place, and by
financing
specific projects.
 Caribbean action plans
The interests of the Wider Caribbean Region (WCR) have been
attended to since 1981 by the Caribbean Action Plan (CAP). This
plan is a joint effort of the UNEP Regional Seas Programme and the
Economic Commission for Latin America and the Caribbean
(ECLAC). The principal legal instrument of the CAP is the
Cartagena Convention.
The 1983 Cartagena Convention
 Cont.
The convention involved 33 states and territories, of which at least
20 are signatories to the convention as of June 1998. The convention
uses three protocols to address, respectively, issues relating to oil
spills, safety of protected areas and wildlife (SPAW), and land-based
sources of marine pollution (LBSMP).
The Cartagena Convention’s legal structure requires that signatories
adopt measures aimed at preventing, reducing, and controlling
pollution from the following sources:
• •pollution from ships
• •pollution caused by dumping
• •pollution from sea-bed activities
• •pollution from land-based sources and activities
• •airborne pollution
Signatories are also required to take appropriate measures to protect
rare or fragile ecosystems and endangered species and their habitats.
They must also take steps to ensure adequate environmental impact
assessments are made prior to the approval of major development
projects, and that such projects follow environmental guidelines for
construction and facilities.
 Cont.
The Caribbean Environment Programme
The Cartagena Convention and its protocols are monitored by the
efforts of the Caribbean Environment Programme (CEP). CEP is
monitored by three bodies:
• •UNEP headquarters in Nairobi (Africa).
• •its regional headquarters for Latin America and the Caribbean in
Mexico City (ROLAC).
• •the Caribbean regional co-ordinating unit in Kingston, Jamaica
(CAR/RCU), which serves as the secretariat for the program.
FUNDING SOURCES.
• Natonal contributions
• Multinationals contributions
• UN Budgeting
• others
 Reasons for Improvement in
environmental protection

Regional programs like CEP are still a relatively new addition in the
fight to protect the earth’s marine environment from the impacts of
human activities. While in many cases they are just beginning to
have an impact, such programs promise much for the future due to the
following factors:

1. Improvements in technology continue to streamline communication

2. Safeguard industrial activities
3. Facilitate response and cleanup operations.
4. Better international co-operation
5. Collective shift towards sustainable development.