UNCLOS and MARPOL UNCLOS The United Nations Convention

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 cooperation 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 cooperate 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 and its subsequent amendments contain 20 articles, 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. Annex 1. 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. 2. 3. 4. 5. Improvements in technology continue to streamline communication Safeguard industrial activities Facilitate response and cleanup operations. Better international co-operation Collective shift towards sustainable development.