By Wan Mariam Wan Abdullah Marine Pollution

Introduction by man, directly or indirectly of substances or energy into the marine environment (including estuaries) resulting to deleterious effects as harms to living resources, hazard to human health, hindrance to marine activities including fishing, impairement of quality for use of sea water and reduction of amenities (UNESCO’s Intergovernmental Oceanographic Commission)

Sources of Marine Pollution i. Shipping activities – oil, fumes, ballast water, radiation by nuclear-powered ships, garbage, chemicals, liquid gas, radio-active, sewage ii. Dumping – disposing waste of land based activities, radio- active waste, military materials, sewage, industrial waste iii. Sea-bed activities – structures, industrial debris, domestic refuse, chemicals iv. Land-based and atmospheric pollution – sewage, industrial waste, chemicals, fertilisers, pesticides

Framework of international law i. Customary: Art 2 of the High Sea Convention : “with reasonable regard to the interest of other States”. Obligation of every State “not to allow knowingly its territory to be used for act contrary to the rights of others (Corfu Channel Case 1949 and Trail Smelter Arbitration Case 1938) i. Treaties – general multilateral treaties, regional treaties, bilateral treaties and UNCLOS III (Art 192 – 235), Oil Pollution Convention, MARPOL

Change in UNCLOS III To extend the enforcement of powers by the coastal States and port States to compensate for the shortcomings of flag States To limit the legislative discretion of coastal States to safeguard the proposed increased in the enforcement powers of coastal States. 2 strands of change

Prescription and Enforcement of Pollution Standards Flag StateCoastal StatePort State Prescription Pre-UNCLOS III National standards HSC National standards in TS – not prejudice right of innocent passage TSC & MARPOL National standards for foreign vessels in port and treaties Enforcement Pre-UNCLOS III Anywhere & may arrest at high sea, criminal proceedings at other area Art 19 TSC, arrest and criminal proceedings Arrest & criminal proceeding within TS and port

cont Flag StateCoastal StatePort State Prescription Post UNCLOS III National standards HSC - Same effects with rules and regulations accepted by competent authority IMO (211(2) Reduction of kinds of pollution, but increase geographical area of application - EEZ No changes Enforcement Post UNCLOS III Art 217 – must enforce & arrest in HS & EEZ - penalties, prohibit from entering the sea, ensure the ship carry certificate periodically, inspect the ship Art 220 – inspection & criminal proceeding in TS. Arrest when the passage is not innocent, in straits – may arrest if major pollutin. May arrest in TS & EEZ if the ship cause major pollution. Art 220 -May arrest & criminal proceeding in TS & Port. Also criminal proceeding of pollution outside TS & EEZ if its in violation of competent authority