International Law And Ocean Pollution: Global Legal Frameworks

Marine pollution, especially from oil and plastic waste, is a pressing global issue that has prompted the development of international laws and agreements to protect the oceans. The 1954 International Convention for the Prevention of Pollution of the Sea by Oil (OILPOL) was the first treaty to address this issue, prohibiting the intentional discharge of oil and oily mixtures from vessels in specified ocean areas. Since then, several international conventions and protocols have been adopted, such as the London Convention (1972) and its 1996 London Protocol, which provide a framework for countries to protect and preserve oceans from pollution caused by waste dumping. The United Nations Convention on the Law of the Sea (UNCLOS, 1982) defines and regulates maritime areas, with general obligations for states to protect the marine environment and fishery resources. While these conventions provide a legal framework, their implementation and enforcement remain challenging due to factors such as weak jurisdiction, monitoring difficulties, and the fragmented nature of ocean governance.

The London Convention and London Protocol

The London Convention

The London Convention addresses the deliberate disposal at sea of wastes or other matter from vessels, aircraft, platforms, and other man-made structures, as well as the disposal of those objects themselves. Contracting parties agreed to control dumping by implementing regulatory programs to assess the need for, and the potential impact of, dumping. The treaty requires that contracting parties issue a permit for the dumping of wastes and other matter at sea and generally prohibits the dumping of certain hazardous materials. Over time, amendments have been made to the treaty, banning ocean dumping of certain wastes and promoting pollution prevention and better waste management.

The London Protocol

The London Protocol defines dumping to include the deliberate disposal at sea of wastes or other matter, as well as the storage of wastes or other matter in the seabed and the subsoil, and the abandonment of structures at sea. Under the London Protocol, dumping of all wastes and other materials is prohibited except for the following, which may be considered for dumping:

• Fish wastes or material resulting from industrial fish processing operations
• Vessels and platforms or other man-made structures at sea
• Inert, inorganic geological material
• Organic material of natural origin
• Bulky items primarily comprising iron, steel, concrete, and similarly unharmful materials, for which the concern is physical impact, and limited to circumstances where such wastes are generated at locations with no land-based alternatives
• Carbon dioxide streams from carbon dioxide capture processes for sequestration in sub-seabed geological formations

The International Maritime Organisation (IMO)

The IMO's primary purpose is to develop and maintain a comprehensive regulatory framework for shipping. It is governed by an assembly of members that meets every two years, with a council of 40 members elected from the assembly administering its finances and organisation. The IMO's work is conducted through five committees supported by technical subcommittees, and it has a permanent secretariat of employees representative of the organisation's members.

One of the IMO's key roles is to address maritime pollution. In the late 1950s, the IMO (then known as the Inter-Governmental Maritime Consultative Organization) took over maintenance and promotion of the 1954 International Convention for the Prevention of Pollution of the Sea by Oil (OILPOL). Under the IMO's guidance, the convention was amended in 1962, 1969, and 1971. However, as the oil trade and industry developed, it became apparent that further improvements were needed to prevent oil pollution at sea. In 1967, the tanker Torrey Canyon spilled 120,000 tons of crude oil when it ran aground entering the English Channel, prompting the IMO to hold an emergency session of its council. This led to a series of new conventions and measures to prevent large ship accidents and minimise their environmental impact.

One of the most significant outcomes of these efforts was the International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL). MARPOL covers accidental and operational oil pollution, as well as pollution by chemicals, packaged goods, sewage, garbage, and air pollution. The current convention is a combination of the 1973 Convention and the 1978 Protocol, and it entered into force on 2 October 1983. As of January 2018, 156 states, representing 99.42% of the world's shipping tonnage, are signatories to MARPOL.

In addition to MARPOL, the IMO has facilitated several other updated international maritime conventions to address pollution and environmental concerns. These include the International Convention on Load Lines in 1966, the International Regulations for Preventing Collisions at Sea in 1972, and the STCW Convention in 1978. More recently, the IMO has increased its focus on smoke emissions from ships and has been working towards reducing greenhouse gas emissions from international shipping.

The Montego Bay Convention

UNCLOS recognizes that the problems of marine environment pollution can only be effectively combated through measures taken at the global, regional, and national levels. It emphasizes the duty of states to take all necessary steps to prevent, reduce, and control pollution of the marine environment from any source, whether land-based, sea-based, or airborne. The convention outlines specific obligations and establishes a set of rules to address ocean pollution in a holistic manner.

One of the key principles of the Montego Bay Convention is the establishment of maritime zones and the regulation of activities within these zones. It introduces the concept of exclusive economic zones (EEZs) that extend up to 200 nautical miles from the baseline of a coastal state. Within these EEZs, the coastal state has sovereign rights for the exploration, exploitation, conservation, and management of natural resources, including protection and preservation of the marine environment. This provision is particularly significant in addressing land-based sources of marine pollution, as states are responsible for controlling pollution originating from their territory.

The convention also addresses marine pollution from vessels and aircraft, recognizing the need for international rules and standards to prevent and minimize pollution from these sources. It requires states to develop and implement global and regional rules and regulations to control pollution from ships, such as oil spills, chemical discharges, and garbage disposal. Additionally, the convention addresses pollution from airborne sources, emphasizing the importance of cooperation among states to control pollution arising from aircraft operating over the high seas or exclusive economic zones.

Another important aspect of the Montego Bay Convention is its establishment of a comprehensive regime for marine scientific research. It recognizes the importance of scientific knowledge in addressing marine pollution and promotes the development and transfer of marine technology to support pollution prevention and control efforts. The convention also includes provisions for the settlement of disputes arising from the interpretation and application of its provisions, ensuring a peaceful framework for resolving international disagreements related to ocean pollution.

Overall, the Montego Bay Convention serves as a cornerstone of international law governing ocean pollution. It provides a comprehensive framework that guides states in their efforts to protect and preserve the marine environment. Through its provisions, states are empowered to take necessary actions to prevent and mitigate pollution, fostering a sustainable and healthy marine environment for future generations. The convention continues to evolve and adapt to new challenges and advancements, ensuring a dynamic approach to addressing ocean pollution on a global scale.

The United Nations Convention on the Law of the Sea (UNCLOS)

UNCLOS embodies traditional rules for ocean usage while introducing new legal concepts, regimes, and concerns. It provides for the further development of specific areas of the law of the sea. The convention resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III), which took place between 1973 and 1982. It came into force in 1994, a year after Guyana became the 60th nation to ratify it. As of October 2024, 169 states and the European Union are parties to the convention.

UNCLOS establishes the rights and responsibilities of nations in their use of the world's oceans, setting out a framework for managing marine natural resources and protecting the marine environment. It defines the limits of territorial waters, exclusive economic zones (EEZs), and continental shelves, as well as the rights and obligations of coastal and landlocked states. It also addresses issues such as navigation, archipelagic status, transit regimes, deep seabed mining, and scientific research.

One of the key provisions of UNCLOS is the establishment of exclusive economic zones (EEZs). EEZs extend 200 nautical miles (370 km) from a coastal state's baseline. Within these zones, coastal nations have exclusive rights to exploit all natural resources, including mineral and living resources. EEZs were introduced to resolve conflicts over fishing rights and to provide a framework for managing other marine resources, such as oil.

UNCLOS also addresses the protection of the marine environment, obligating states to collaborate on this matter. It establishes general obligations for safeguarding the marine environment and protecting freedom of scientific research on the high seas. Additionally, it creates a legal regime for controlling mineral resource exploitation in deep seabed areas beyond national jurisdiction through the establishment of the International Seabed Authority and the common heritage of mankind principle.

The MARPOL Convention

MARPOL 73/78, as it is often referred to, combines the 1973 Convention and the 1978 Protocol, which entered into force in October 1983. As of 2018, 156 states are parties to this convention, representing 99.42% of the world's shipping tonnage. The convention's reach is extensive, as all ships flagged under signatory countries must comply with its requirements, regardless of their sailing location.

Annex I, which addresses oil pollution, is a pivotal component of the convention. It mandates the disposal of waste oil in approved shore facilities and makes double hulls mandatory for tankers. Additionally, it requires crews to maintain an oil record book, documenting the total quantity of oil and oily water on board, as well as the content and identity of tanks. This annex also includes regulations for tanker design features to minimise oil discharge during operations and accidents.

Annex II, which came into force simultaneously with Annex I, focuses on eliminating pollution by noxious liquid substances transported in large quantities. It establishes detailed operational standards and measures, allowing the discharge of pollutants only at designated reception facilities and imposing strict restrictions on residue discharge within 12 nautical miles of the nearest land.

The remaining annexes address a range of other pollutants. Annex III, effective from 1992, outlines requirements for packing, marking, labelling, and other aspects to prevent pollution by harmful substances. Annex IV, in force from 2003, targets sewage pollution from ships. Annex V, implemented in 1988, regulates the disposal of garbage and marine debris, notably banning the dumping of plastic into the ocean. Lastly, Annex VI, effective from 2005, addresses air pollution from ships, including the emission of ozone-depleting substances, nitrogen oxides, sulfur oxides, and volatile organic compounds.

Frequently asked questions