INTRODUCTION

Major water bodies, such as the seas and the oceans, make up 70% of the earth’s surface. As such, life on the planet depends significantly on this important resource. Marine resources are economically and ecologically important to many countries in the world. As a result, international bodies have come up with laws to protect the marine environment in the world. Such laws are meant to regulate the exploitation of this resource. The current paper revolves around the protection of the marine environment under international laws. Several issues are addressed to this end. They include, among others, an analysis of the degradation and preservation of the marine environment. Several laws touching on the exploitation and protection of this ecosystem are analysed. Such laws include Pre-UNCED Customary Principles and the 1982 UN Law of the Sea Convention (LOSC). International Marine law is essential in governing the natural resources from illegal acts of pollution that poses dangers to marine life and life, depending on the waters of oceans or seas. Law on exploitation and utilization of sea resources is also essential to avoid overexploitation and damage to these resources. Whereas different countries may have different countries laws and standards on usage of sea resources and pollution, international marine Law would be necessary to ensure that there is harmony in the standards because countries not only share boundaries but also need have a collective responsibility on sea pollution and overexploitation of environmental resources that affect all life irrespective of the boundaries.

Conventions and Laws for Marine Environment Protection

Some of the impacts of human pollution can be meditated upon. For example, the rising of the sea level because of global warming (which partly results from green gas emissions), and coastal habitats would be affected by water covering the lands adjacent to seas. In order to effectively solve such problems, an international collaboration between countries is necessary. The Third United Nations Convention on the Law of the Sea (UNCLOS III), which was largely drafted in the 1970s and completed in 1982, sought to replace the former UNCLOS I (1958) and II (1960). The latter two were believed to be inadequate. The set of laws on controlling pollution and other hazards to the marine environment and ensuring effective protection of human life considers rules endorsed by 36-member Council emanating from the states that have ratified UNCLOS. In addition, the Law requires the states within the treaty to adopt regulations on marine pollution. According to the Natural Resource Defense Council (NRDC), the UNCLOS would require states to assess potential effects linked to marine environments and to take necessary measures to prevent, reduce and control pollution from any source. An example is an attempt by New Zealand and Australia in 1999 to persuade the shutting down of Japan’s experimental southern bluefin tuna fishing program citing Articles 64 and 116-119 in the Law of the Sea Treaty, though was without success. Areas including the Antarctic Sea, Gulf of Aden, black sea, Red Sea, Baltic Sea are sensitive to oil or other types of pollution and a law that helps control, reduce, and eliminate pollution in these, and other areas can be necessary. The reasons as to why these areas are considered special include technical reasons relating to characteristics to their traffic or their oceanographical and ecological conditions.

Protection of Marine environment under International Laws

The laws governing the marine environment are relatively underdeveloped compared to those for terrestrial environments. Prior to 1972, marine environment regimes were weak, but the UN’s Stockholm convention that year led to stronger laws, such as the United Nations Conference on the Law of the Sea (UNCLOS III). UNCLOS III and the 1983 Law of the Sea Convention (LOSC) aimed to reduce and prevent marine pollution, although the marine environment is not clearly defined in LOSC. Pollution is variously defined in international laws, often encompassing environmental degradation, sedimentation, erosion, habitat destruction, and inappropriate fishing technology. The Law sets strict conditions for oil discharge, including filtering equipment and a 15-ppm oil content limit in effluent. Oil pollution can come from many sources, necessitating monitoring and control measures. Efficient regulation is required to control sea pollution, including monitoring operations, carrying out surveys, and implementing a robust reporting system. UNCLOS Article 211 requires states to establish rules and standards to prevent, reduce, and control marine pollution, including oil pollution from marine vessels. Coastal states can adopt laws to prevent, reduce, and control pollution from foreign vessels, while Article 212 requires global, regional rules to prevent airborne marine pollution. Regional regulations facilitate cooperation among nations to address shared pollution issues.

Pre-UNCED

Pre-UNCED customary principles are legal instruments used to protect the marine environment. These principles, formed before 1980, include the preventive principle, reasonable use principle, and “good neighbourliness and international cooperation” principle. The preventive principal addresses damages to the marine environment, while the reasonable use principle requires states to exploit marine resources reasonably without interfering with other states’ traditions. The good neighbourliness and international cooperation” principle involves information exchange and consultations regarding threats to the marine environment. Other principles, such as sustainable and precautionary development, were formed under Agenda 21. However, their legal status in relation to the marine environment is unclear. The UNCLOS covers dispute resolution between nations regarding marine resource usage or exploitation. The Law on marine pollution, such as the UNCLOS initiative, helps nations agree on pollution issues. For example, the UK and Ireland were ordered by the ITLOS to negotiate over Ireland’s attempt to have the UK abandon a nuclear fuel reprocessing plant in northern, eastern England due to pollution concerns. Article 194 requires states to take measures to prevent pollution, damage to other states, and their environment. Measures include emergency response, equipment safety, preventing intentional or unintentional damages, and controlling pollution from installation and devices used in natural resource exploration or exploitation. The Law also bars states from unjustifiably interfering with other states’ activities while taking measures to prevent, control, or reduce pollution.

The 1982 UN Law of the Sea Convention (LOSC) and the Protection and Preservation of Marine Environment: Under LOSC provisions, all problems about marine environment are considered. The aim is to protect and preserve marine environment efficiently. The convention safeguards the whole marine environment under one instrument. Since its inception in 1994, LOSC has gained universal recognition as its requirements reflect customary laws.

Jurisdictional Regime and Protection of Marine Environment

The jurisdictional regime encompasses a framework used to control human activities about the marine environment. In this framework, states are given specific rights and duties to safeguard the marine environment in different zones. The legal instrument designates some areas as Exclusive Economic Zones (EEZ). In addition, it requires existing international laws to be exercised in every maritime zone.

World Summit on Sustainable Development (WSSD) and Protection of Marine Environment

The summit was held in 2002 in Johannesburg. It was meant to evaluate the progress of the implementation of agenda 21. The agenda involved the protection of marine environment under international laws. The summit was useful as it recommended the strengthening of international associations at the regional and international levels. In 2003, the WSSD initiated a multiyear program that saw the advancement of agenda 21.

The Global Implementation Regime and Protection of Marine Environment

The regime adopted what came to be referred to as operation provisions. For instance, Generally Accepted and Applicable International Rules and Standards (GAIRAS) define jurisdictions and make provisions for operation and technical standards. It is, however, not clear whether the regime applies to all LOSC parties or not.

Multilateral Environmental Agreements (MEAs) and Protection of Marine Environment

MEAs involve the implementation of LOSC laws. The link between LOSC and MEAs is highlighted in article 237 of the former. Part XII of the agreement recognizes specific obligations of member states. The law is effective as it brings together environmental agreements that are in line with LOSC.

UN Agenda Item on Oceans and the Law of the Sea

The agenda involves institutional mechanisms used to review the implementation of marine laws. LOSC and other conventions lack an implementation review mechanism, hence the need for this agenda.

The 1992 OSPAR Convention: The convention established a binding legal framework to protect the marine environment in North-East Atlantic Oceans. Due to its geographical position, the area is vulnerable to various environmental pressures, such as pollution and degradation. The parties to the convention are required to take precautionary measures to avert marine pollution.

The 1992 Helsinki Convention: The Baltic Sea is barely 210 meters deep. Its shallowness makes it vulnerable to pollution and sedimentation. Protective measures are required to address this problem. The first Helsinki convention did not bear fruits with regards to protection of marine environment. However, the 1992 convention succeeded and came up with legal frameworks to restore the Baltic ecological environment. In addition to the regulation of human activities, the elimination of pollution threats was at the top of the agenda during the convention.

The 1976 Barcelona Convention (BARCON) and its Protocols: The Barcelona convention, together with the accompanying protocols, was aimed at safeguarding the Mediterranean Sea. The slow exchange of water between the Atlantic and Gibraltar makes the sea vulnerable to pollution and other environmental pressures. The convention required all users of the sea to cooperate and prevent any sort of pollution in this region. The convention is characterized by eight integral protocols that apply to both internal and external glasses of water. The United Nations Convention on the Law of the Sea (UNCLOS) regulates marine pollution, including oil spills. It requires countries to prevent damage or hazards from transferring to other places or forms (Article 195). The use of technologies or species that could cause marine pollution is prohibited (Article 196). Countries must control pollution by using efficient technologies, with UNCLOS potentially banning polluting technologies or vessels (Article 198). Imminent marine pollution dangers must be reported to affected states or competent international organizations (Article 199). Joint contingency measures are then developed. Collaborative scientific research and information exchange are encouraged (Article 200). This is important due to the potential for long-term pollution effects and the need for new countermeasures. Countries are responsible for training scientific and technical personnel, providing research facilities, enhancing developing nations’ equipment manufacturing capabilities, and facilitating their participation in relevant programs (Article 202). This ensures equal bargaining power for developing nations in joint activities and programs to avoid oil pollution. Assistance should not negatively influence nations to support activities that undermine pollution control.

CONCLUSION

The states to carry surveillance of the activities they engage in or permit, Article 204 of the UNCLOS provides that the states should observe, measure, evaluate and analyse by recognized scientific methods and the risks or effects of pollution of the marine environment. This Law may be important in determining the causes of oil pollution, which is important for the application of efficient pollution control, reduction, and elimination methods based on evidence. In addition, the states are required through Article 205 of the UNCLOS to publish reports pursuant to the practice or avail such reports at the appropriate interval to competent international organizations, which in turn avails the reports to all states. This would make sure that tracking of pollution country sources possible, which would make possible carrying out of joint measures by the affected parties and at the same time, may hold responsible each country to monitor and report on marine oil pollution. Although the fight for oil pollution should not be compromised in order to accommodate the United States, there is a need to ensure that substantial efforts are made to gather influence for implementation of the Law on oil marine pollution. Laws touching on the protection of the marine environment have evolved. The evolution is made evident in this paper with the analysis of the various international legal instruments. The laws are no longer restricted to single states. On the contrary, they have assumed an international dimension, evolving to become international legal instruments.