Protecting the Maritime Zones from Pollution by Coastal State: A Legal Analysis of the Law of the Sea (original) (raw)
Related papers
International Journal of Advanced Research, 2020
The coastal state jurisdiction is the jurisdiction enjoyed by a coastal state in relation to breaches of regulations and laws by foreign flagged ships that take place within its various jurisdictional zones. The prescriptive and enforcement jurisdiction comprise the main power of a coastal state. Prescriptive is the jurisdiction to prescribe laws and regulations, while enforcement is the jurisdiction to enforce such laws. The rights and obligations of a state in relation to navigation and pollution are determined primarily by international conventions and customary international law. The 1982 Law of the Sea Convention (UNCLOS) is the most widely ratified convention in this field of law, outlining the rights and obligations of the states in relation to their variousmaritmezones as well as with respect to environmental protection.States have under UNCLOS the obligation to protect and preserve the marine environment and they are also under an obligation to take measures jointly or indi...
AN EVALUATION OF THE RIGHTS AND DUTIES OF COASTAL STATES UNDER UNCLOS 1982
African Journal of Law and Criminology, 2018
Maritime zones are areas of the sea for which international law prescribes spatial limits. While customary international law recognises only the territorial sea and high seas as maritime zones, modern international law recognises other maritime zones which reflect the modern uses of the sea. The various maritime zones recognised under modern international law are clearly delineated under the United Nations Convention on the Law of the Sea, 1982 which regulates the rights and duties of Coastal States in the zones. This research appraises the rights and duties of Coastal States under UNCLOS 1982. It is argued that the ocean regime established under UNCLOS is regulated to the extent that the sovereign rights and obligations of Coastal States in the different maritime zones and the limits of those rights are clearly defined so as to ensure international peace and order. This research which adopts analytical research methodology posits that the effectiveness of UNCLOS as the constitution of the sea will depend to a large extent on the degree of compliance by States-Parties to the convention. Given that UNCLOS was adopted in 1982, there are new challenges confronting Coastal States including ocean noise, oceans and climate change, piracy and armed robbery at sea which were not contemplated by UNCLOS. It is recommended that the international community must rise to the occasion by setting machinery in motion for the adoption of additional treaties to supplement the inadequacies of UNCLOS so as to tackle these current challenges.
International Law of the Sea: An Overlook and Case Study
Sea is a large body of water that is surrounded by the land. It is a crucial part of human trade and commerce, voyage, mineral extraction, power generation and is also considered as an essential source of blue economy nowadays. International law of the sea is a law of maritime space that peacefully settles the global disputes on maritime boundary between or among the States and defines various jurisdictions of the maritime zones as well as the rights and obligations of the coastal States in these zones, especially with regard to the conservation of marine environment and biodiversity. The key objective of this piece of academic research is to demonstrate a brief overview of the international law of the sea with a special emphasize on the sources and legal framework of this law. This study also strives to focus the civil and criminal liability, jurisdictions, rights and obligations of the coastal states with regard to the different maritime zones. Furthermore this study delineates the rules and extent of using these maritime zones in the light of various treaty provisions on the international law of the sea where different adjudicated cases are also presented along with a profound scrutiny upon their fact, issues, judgment and reasoning.
The United Nations Convention on the Law of the Sea: Appraisal, Prospects and Problems
2017
The development of the current law of the sea and the growing concern for the condition of the oceans have given rise to a number of legal regimes addressing problems of the marine environment including loss of biodiversity, pollution, protection of endangered species, and marine mammals. The United Nations Convention on the Law of the Sea ("UNCLOS") provides a legal framework and foundation for continuing progress in the international arena. The future of marine conservation depends upon the ability and willingness of states to cooperate in these common objectives and the capacity of individual states to prescribe and enforce their own marine conservation laws. This paper examines the legal mandate established under the UNCLOS and its consequences on the rights and obligations of all states to ensure protection and preservation of the ocean. This paper further evaluate the strengthens and shortcomings of UNCLOS, with particular focus on the legal status of the maritime jurisdictional zones, and concluded that the Convention has brought the needed measure of certainty and stability to the law of the sea, even though more could still be done to meet expectations.
Lex portus, 2020
The article is devoted to the research of the protection features of the Black Sea from pollution as a special area of the sea. There are determined pollution categories during the operation of ships (during the implementation of maritime activities on the seabed; caused by port activities, shipbuilding and ship's repairing activities; the ingress of alien species or genetically modified organisms into the marine environment; the release of garbage, food, household and operational wastes into the sea; as a result of emergency circumstances-during accidents; and, pollution resulting from the burial of ships at sea). The international legal framework for the protection of the Black Sea marine environment from pollution during the operation of ships was analyzed. The universal and regional levels of legal regulation of the prevention of marine pollution from ships during their operation are highlighted. Particular attention is paid to the status of the Black Sea as a special area and a particularly vulnerable sea area. The Black Sea was defined as a "special area" of the sea, which is considered so vulnerable to oil pollution that discharges within it were completely prohibited with a few and clearly defined exceptions. To do this, we should refer to the provisions of the 1982 UN Convention on the Law of the Sea, which shares the powers of states in the protection of the marine environment from pollution from ships to the adoption of laws and regulations aimed at protecting the marine environment from pollution from ships, and regarding the enforcement of national laws and regulations, as well as international norms and standards for the prevention of marine pollution from ships. The scope of these powers of states is differentiated depending on the rules for which the marine zone is established, and also on the basis of who takes measures to ensure compliance with the rules and regulations. It is emphasized that in their inland waters and the waters of ports, states have full sovereignty and can establish special requirements related to the reduction, control and prevention of marine pollution, which foreign vessels must satisfy in order to enter and stay in these waters. It is noted that in order to increase the effectiveness of all measures to protect the marine environment from pollution from ships, it is necessary to clearly define the binding standards, that is, those that are international, the observance of which states under whose flag the vessels fly, as well as coastal countries, may require vessels located in their territorial waters or exclusive economic zone.
INTERNATIONAL LAW OF THE SEA; A BLEND OF LAW, POLITICS AND ECONOMICS
The Law of the Sea reflects the competing interests of Nations over the resources of the oceans since humanity first set forth upon the seas. The sovereign control over the oceans has been an ongoing concern prior to the 20th century under the concept of Mare Liberium and Mare Clausum. This principles developed and limited national rights and jurisdiction over a narrow band of water along a nations’ coast, with the rest of the sea free to all and belonging to none. With the technological developments of the 21st century which allows the exploitation of ocean resources that had never before been envisioned and accessible, there was a need to preserve the High Seas with its unimaginable rich resources as the common Heritage of Mankind. Nations began to negotiate their interests in the oceans and a universal regime known as UNCLOS III was agreed upon. These events display the fine blend of applied international law, politics and selfish economic interests as related in notable decisions of the ICJ. Today, there are new issues to be dealt with starting with pollution, the inevitable and intensive exploitation of high seas in the face of the 1994 Implementation Agreement, increasing jurisdictional claims amongst others. This research work analyses the making of UNCLOS III, dispute settlement mechanism, sustainable use of the oceans and the Nigerian Maritime Sector. This research work concludes with the arguments whether or not UNCLOS III has come to stay as the world legal order on the sea and proffer recommendations.
International Law and the Protection of the Marine Environment
Academia, 2021
As the growing world progresses, the safety of the marine environment has become one of the major concerns among mankind. Consequently, this paper aims to encourage making a few improvements in the international instruments as well as to encourage every state to protect the sea of marine animals from pollution. It has covered the brief evolution of international law protecting the marine environment, the International legal framework, and the policies taken by the concerned organizations. It is not limited to the discussion of the positive aspects but also highlights some lacunae of international laws. The analysis of the overall discussion has resulted in some recommendations for marine environment protection which is a blending of qualitative method and subject satisfaction.
Opolskie Studia Administracyjno-Prawne
Despite being a major environmental issue, marine pollution of onshore origin has not been addressed through a clear and coherent international legal framework. The aim of this article is, therefore, to reconduct such fragmented framework to a single international rule, with the potential of effectively facing the issue. This led the investigation to focus on the Principle of Prevention, which, despite being a cornerstone of international environmental law, has remained quite evanescent as to its normative content. With this in mind, the article attempts to reconstruct the actual content of the rule with specific regard to the issue at stake. In order to do so, it has been essential to identify the standard of “diligence” States are held to in such regard and to verify how such “due diligence” interacts with the primary rule and contributes to fill it with normative content. The result is a single legal rule with a renewed potential, especially in terms of enforcement opportunities.
2018
Marine Pollution from Land-based Activities (MPLA) has long been recognised as being the biggest contributor to the deterioration of the marine environment. Despite the recognition, this source of pollution remains largely unregulated. The United Nations Convention on the Law of the Sea (LOSC) is the only international agreement that regulates MPLA at the global level. However, Article 207 of the LOSC requiring States to prevent, reduce, and control MPLA has been criticised for its lack of clarity and cannot guide States’ action to fulfil their obligation. This research picks up from this ambiguity and tries to clarify the substance of Article 207 of the LOSC. It specifically focuses on the regional aspect of this provision. The question of this research is 'how and to what extent should States act at the regional level to fulfil their obligation under Article 207 of the LOSC.' In so doing, it answers the question through the lens of treaty interpretation showing what the po...
The Law of the Sea : priorities and responsibilities in implementing the convention
1995
This agreement supersedes the 1 974 Paris Convention on land-based sources and the 1972 Oslo Convention on dumping. lt includes a small segment of the Arclic Ocean. Convention on the Protection ol the Marine Environment of the Baltic Sea Area, Helsinki (1992) This supersedes the 1974 Baltic Convention. Convention for the Protection of the Mediterranean Sea against Pollution, Barcelona (1976). Convention on the Protection of the Black Sea against Pollution, Bucharest (1992). M¡ddle East and North Africa RegionalConventionforCo-operationonthe Protectionof the Marine Environmentfrom Pollution, Kuwait (1978). Regional Convention for the Conservation of the Marine Environment of the Red Sea and the Gulf of Aden Environment, Jeddah (1982). Afr¡ca Convention for Cooperation in the Protection and Development of the Marine and Coastal Environment of the West and CentralAfrican Region, Abidjan (1981). Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African Region, Nairobi (1985). South America and Pacific Convention for the Protection of the Marine Environment and Coastal Areas of the South East Pacific, Lima (1981). Convention for the Protection and Development of Natural Resources and Environment of the South Pacific Region, Noumea (1986). Carlbbean Conventionforthe Protection and Developmentof theMarine Environmentof theWiderCaribbean Region, Cartagena (1 983).