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Global Instruments on Marine Pollution



- Oil Pollution Convention, 1954

i. First international convention to prevent pollution of the sea by oil tankers: The 1954 International Convention on the Prevention of Pollution of the Sea by Oil was the first international convention to attempt to prevent pollution of the sea by oil from tankers. It prohibited the discharge of oil or oil mixture by tankers within prohibited zones.

ii. Stringent requirements for operational discharges: Amendments were made to the 1954 Oil Pollution Convention in 1969. It was amended to provide for more stringent requirements for operational discharges which were consistent with the "load-on-top system" of operating which had been adopted by oil tankers.

iii. New standards on the construction of oil tankers: In 1971, the Convention was amended to impose new standards on the construction of oil tankers. This convention has been superseded by the 1973/78 MARPOL Convention.

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- Geneva Convention on High Seas, 1958

i. Harmful effects of oil pollution from ships and from off-shore oil exploration and exploitation: The 1958 Geneva Convention on the High Seas contained only two provisions relating to marine pollution. Article 24 recognized the potential harmful effects of oil pollution from ships and from off-shore oil exploration and exploitation. Article 25 required States to take measures to prevent pollution of the seas by the dumping of radioactive waste, and provided that States had a general obligation with respect to activities with radioactive materials or other harmful agents. In addition, States were obliged to cooperate with the competent international organizations in taking measures in the prevention of the pollution of the seas from such activities.

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- The International Maritime Organization (IMO) International Maritime Dangerous Goods Code

i. Classifications of dangerous goods: This Code classifies dangerous goods and sets out detailed requirements as to marking, labeling, packaging and documentation. It has been updated on a regular basis in response to developments in the shipping and chemical industries. It is widely observed and the IMO has recommended that States adopt it as the basis for national legislation. This Code was amended in 1994.

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- Intervention, Civil Liability and Fund Conventions

i. Intervention Convention, 1969

a. Special powers to take self-help measures: This treaty gives coastal States special powers to take self-help measures beyond the limits of their territorial sea following a maritime casualty involving oil pollution from ships which may reasonably be expected to result in major harmful consequences. A Protocol adopted in 1973 extends the Convention to substances other than oil.

ii. Civil Liability Convention, 1969

a. Liability for oil pollution damage caused by oil tankers: The 1969 Civil Liability Convention creates a scheme of liability for oil pollution damage caused by oil tankers. The Convention provides that the ship owner is strictly liable for oil pollution damage, without any need to prove negligence or fault except in certain circumstances, such as war and insurrection.

iii. Fund Convention, 1971

a. A fund to provide additional compensation: The purpose of the 1971 Fund Convention is to establish a fund to provide additional compensation so that within the limits of the Fund's total liability, the victims are fully and adequately compensated. It also provides compensation even when no liability for damage arises under the Civil Liability Convention, or where the ship owner is financially incapable of meeting his obligations under the Civil Liability Convention.

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- Stockholm Conference on the Human Environment, 1972

i. Implementation of existing legal instruments on the control of marine pollution: The Stockholm Conference called upon all States to accept and implement existing legal instruments on the control of marine pollution. It also supported proposals for new conventions on dumping and pollution from ships.

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- London Convention, 1972

i. Regulating the dumping of wastes at sea: The purpose of the 1972 Convention on the Prevention of Marine Pollution by the Dumping of Wastes and other Matter (London Convention) is to regulate the dumping of wastes at sea. It regulates the deliberate disposal at sea of certain substances, including oily wastes, dredging and land-generated wastes. It does not govern oil pollution caused by operational discharges from the normal operation of ships. Nor does it govern pollution caused by maritime casualties.

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- MARPOL Convention, 1973/78

i. Minimizing the accidental discharge of harmful substances: The object of the 1973 Convention for the Prevention of Pollution from Ships (1973 MARPOL Convention) is to prevent the pollution of the marine environment by the operational discharge of oil and other harmful substances and to minimize the accidental discharge of such substances. Parties are obliged to apply the provisions of the Convention to ships flying their flag and to ships within their jurisdiction.

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- IMO Conventions on Maritime Safety

i. Prevention of pollution of the marine environment: Many IMO conventions and instruments, although technically dealing with maritime safety, are also relevant to prevention of pollution of the marine environment. Several important conventions and instruments are: 1974 Convention on Safety of Life at Sea (SOLAS); 1972 International Regulations for Preventing Collisions at Sea (COLREGS); and 1978 Standards of Training, Certification, and Watchkeeping.

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- United Nations Convention on the Law of the Sea, 1982

i. Basic legal framework for the oceans: The 1982 Convention is of critical importance because it is increasingly regarded as a constitutional document, which sets out the basic legal framework for the oceans. It is a major law-making treaty, which has significance for all States, whether or not they are parties to it. As a law-making or constitutional document it can be regarded as the "best evidence" of the existing rules of general international law governing the oceans.

ii. A subject to be read on by other conventions: All of the global conventions covering specific areas, such as the IMO and UNEP conventions, are generally read subject to the 1982 Convention. Subsequent documents of fundamental importance, such as Chapter 17 of Agenda 21, are also read so as to be consistent with the 1982 Convention.

iii. Strongest comprehensive global environmental treaty in existence: The 1982 Convention is the strongest comprehensive global environmental treaty in existence. It established for the first time a comprehensive legal framework for the protection and preservation of the marine environment. It is significant because it represents the first attempt to set out in a global convention a general framework and structure for a legal regime, which establishes the obligations, responsibilities, and powers of States in matters of marine environmental protection.

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- United Nations Environmental Programme (UNEP) Guidelines and Conventions

i. Montreal Guidelines on Land-based Marine Pollution, 1985

a. Checklist for national legislation: These guidelines offer a checklist for national legislation and for the development of global, regional or sub-regional agreements. The guidelines call for the negotiation of internationally agreed rules and standards. The annexes give guidance on control strategies and the classification of substances.

ii. Basel Convention, 1989

a. Minimizing and controlling international trade in hazardous waste: The Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention) is designed to minimize and control international trade in hazardous waste. It governs the transboundary movement of hazardous substances produced on land which are disposed of or intended for disposal, excluding radioactive waste. It regulates the export of hazardous waste to another State or the passage of such waste through another State. Its regulatory regime is based upon the principle of prior informed consent.

b. Integral part of a regime governing the movement of hazardous waste: The Basel Convention is not directly on marine pollution. But, it is related to other marine pollution conventions in the sense that it forms an integral part of a regime governing the movement of hazardous waste. The 1972 London Convention controls the dumping of such wastes in the oceans, the 1973/78 MARPOL Convention regulates the manner of storing and packing such substances during transit on the oceans, and the Basel Convention regulates their transboundary movement to other States, including the transit of such substances through other States.

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- Convention on Oil Preparedness, Response and Co-operation, 1990

i. Oil pollution emergency plans on ships and offshore installations: This Convention is intended to encourage the establishment of oil pollution emergency plans on ships and offshore installations, and at ports and oil handling facilities. It also is intended to encourage the establishment of national and regional contingency plans, and a framework for international co-operation.

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- United Nations Conference on the Environment and Development (UNCED) - Chapter 17 of Agenda 21

i. Guidelines relating to the pollution of the marine environment from various sources: Chapter 17 of Agenda 21 contains recommendations and guidelines relating to the pollution of the marine environment from the various sources. It is actually not a binding legal instrument. It is an action plan designed to give guidance to States on how to develop strategies and plans to protect and preserve the marine environment at the global, regional and national levels. Its major contribution is that it emphasizes the need for an integrated approach to marine and coastal areas.

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- Protocols to the Civil Liability and Fund Conventions, 1992

i. Amendments to the 1969 Civil Liability Convention: In 1984, amendments to the 1969 Civil Liability Convention and 1971 Fund Convention were adopted. The 1984 Protocols, however, never entered into force, largely because the United States refused to accept them because it felt the maximum limits proposed were too low.

ii. Widening the scope of application and providing higher limits of compensation: The 1984 Protocols were replaced and superseded by the 1992 Protocols. The 1992 Protocols contain similar substantive provisions as those adopted in 1984. They amend the Conventions in order to widen their scope of application and provide higher limits of compensation. In order to widen the pool of potential contributors to the Fund, they lower the threshold of annual oil imports at which a liability to contribute arises.

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- The International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (HNS Convention, 1996)

i. Strict liability for the ship owners: The HNS Convention establishes a system for compensation and liability covering in principle of all kinds of hazardous and noxious substances. It introduces strict liability for the ship owner, with higher upper limits than are available under existing general limitation regimes. The Convention also introduces a system of compulsory insurance and insurance certificates.

ii. Risks of fire and explosion: The ship owner's liability is supplemented by an HNS Fund, which is financed by cargo interests. Contributions to the HNS Fund will be levied on persons within the territory of contracting Parties who receive a certain minimum quantity of HNS cargo during a calendar year. The HNS Convention goes further in its scope than the oil pollution compensation regime in that it covers not only pollution damage but also the risks of fire and explosion.

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- Protocol to London Convention, 1996

i. Precautionary approach: The Protocol represents a major change of approach to the question of how to regulate the use of the sea as a depository for waste materials. One is to introduce the "precautionary approach." This requires that "appropriate preventative measures be taken when there is reason to believe that wastes or other matter introduced into the marine environment are likely to cause harm even when there is no conclusive evidence to prove a causal relation between inputs and their effects."

ii. Polluters bear the cost of pollution: The Protocol also provides that "the polluter should, in principle, bear the cost of pollution" and it emphasizes that Contracting Parties should ensure that the Protocol should not simply result in pollution being transferred from one part of the environment to another.

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