LIST OF ABBREVIATIONS No. Abbreviations Meaning United Nations Convention of Law 1. UNCLOS 1982 of the Sea 1982 The International Convention for the Prevention of Pollution from 2. MARPOL 73/78 Ships adopted in 1973 and 1978 MARPOL Protocol The Convention on the Protection 3.
Helsinki Convention of the Marine Environment of the Baltic Sea Area The Protection of the Sea 4. POTS Act 1983 (Prevention of Pollution from Ships) Act 1983 5. IMO International Maritime Organization Australian Maritime Safety 6. BAT Best Available Technology 8.
BET Best Environmental Practice TABLE OF CONTENTS Page INTRODUCTION. GENERAL COMPREHENSIONS AND FLAG STATES OBLIGATIONS TO PROTECT MARINE ENVIRONMENT FROM VESSEL SOURCE POLLUTION UNDER INTERNATIONAL LAWS. Marine environment and marine environmental protection. Definition of marine environment.
The roles of marine environment. The matter of marine pollution nowadays. The urgent of marine environmental protection. Marine pollution and vessel source pollution.
Definition of marine pollution. Vessel source pollution – a category of marine pollution. Definition of Flag States. Flag States prescriptive and enforcement jurisdiction.
Flag States role in protection of the marine environment from vessel source pollution. Flag States obligations to protect the marine environment from vessel source pollution under the United Nations Convention on Law of the Sea or UNCLOS 1982. Flag States prescriptive jurisdiction over protection of the marine environment from vessel source pollution under UNCLOS 1982. Flag States enforcement jurisdiction over protection of the marine environment from vessel source pollution under UNCLOS 1982.
Flag States obligations to protect the marine environment from vessel source pollution under the International Convention for the Prevention of Pollution from Ships or MARPOL 73/78. Flag States prescriptive jurisdiction over protection of the marine environment from vessel source pollution under MARPOL 73/78. Flag States enforcement jurisdiction over protection of the marine environment from vessel source pollution under MARPOL 73/78. Flag States obligations to protect the marine environment from vessel source pollution under the Convention on the Protection of the Marine Environment of the Baltic Sea Area or Helsinki Convention.
Overview of Helsinki Convention. Flag States obligations to protect marine environment from vessel source pollution under Helsinki Convention. Flag States enforcement jurisdiction over protection of the marine environment from vessel source pollution under Helsinki Convention. 51 CONCLUSION TO CHAPTER 1.
FLAG STATES OBLIGATIONS TO PROTECT THE MARINE ENVIRONMENT FROM VESSEL SOURCE POLLUTION UNDER THE COMMONWEALTH AUSTRALIAN LAWS. Reasons for choosing the Commonwealth Australian laws. The Commonwealth Australian legal framework for the protection of the marine environment from vessel source pollution. The implementation of Flag States obligations to protect the marine environment from vessel source pollution by Australia.
Flag State prescriptive jurisdiction over protection of the marine environment from vessel source pollution under the Commonwealth Australian laws. Flag State enforcement jurisdiction over protection of the marine environment from vessel source pollution under the Commonwealth Australian laws. 59 CONCLUSION TO CHAPTER 2. FLAG STATES OBLIGATIONS TO PROTECT THE MARINE ENVIRONMENT FROM VESSEL SOURCE POLLUTION UNDER VIETNAMESE LAWS AND RECOMMENDATIONS TO IMPROVE THEM.
The participation of Vietnam in MARPOL 73/78 and its role to implement MARPOL 73/78. The implementation of Flag State obligations to protect marine environment from vessel source pollution by Vietnam. Flag State prescriptive jurisdiction over protection of the marine environment from vessel source pollution under Vietnamese laws. Flag State enforcement jurisdiction over protection of the marine environment from vessel source pollution under Vietnamese laws.
Comments on the implementation of Flag State obligations to protect the marine environment from vessel source pollution by Vietnam. Comments based on the legal forms. Comments based on the legal contents. Recommendations to improve the implementation of Flag State obligations to protect the marine environment from vessel source pollution by Vietnam.
Recommendations based on the legal forms. Recommendations based on the legal contents. 84 CONCLUSION TO CHAPTER 3. 87 SUMMARY OF CONCLUSIONS.
Problem statement Marine environment is essential for our planet’s ecosystem. The most important role of the marine environment is to ensure life conditions for humans. The marine environment has a strong interaction with other natural factors such as air, coastal land, rivers, lakes and bays. It is also important for the bio-geo-chemical cycle creating elements for human life such as water, carbon, sulfur, phosphorus, oxygen and nitrogen.
The marine environment acts as an oxygen refueling apparatus for the atmosphere, a place to absorb carbon dioxide emissions, and a constant supply of fresh water. The second important role of the marine environment is to provide resources. The marine is not only rich in biological resources but also has extremely large non-biological reseources which are mineral reserves. Other important roles of the marine are ensuring facilities for human activities such as tourism, sports and relaxation; providing marine traffic; absorbing and assimilating land-based discharges.
Although the marine environment is essential for our planet, sadly it is polluted heavily and if nothing were to be done, the marine environment would be destroyed and there would be no guarantee for human and other species’ life on Earth. The earliest source of marine pollution that humans were aware of was pollution from vessels. Pollution from vessels became a potential threat in the 1950s of the twentieth century. On 18/3/1967, the oil tanker Torrey Canon sank in the Manche Strait between Cornwall (England) and Bretagne (France) dumping 120,000 tons of oil into the sea and seriously polluting the marine environment.
The Torrey Canon case marked a turning point in people’s awareness of pollution disasters, measures to prevent oil pollution spilled from ships as well as the weakness of the compensation system at that time that motivated people to perfect the legal system for the prevention of marine pollution. Pollution from vessels comes in two kinds, including accidental and operational. Whether it is accidental or operational pollution from vessels, the role of Flag States always comes first in order to protect marine environment from vessel-source pollution. Our maritime zones are divided into two parts.
The first one which is under national jurisdiction include internal water, territorial sea, contiguous zone, exclusive economic zone, and continental shelf. The second one which is beyond national jurisdiction include the high sea and the Area. As going seaward further, the jurisdiction of Coastal States decreases while the jurisdiction of Flag States increases. Flag State is the State whose flag the vessel flies under; therefore the vessel has to comply with the laws and regulations of the State which it flies the flag.
Flag States can lay down legal norms (legislative/prescriptive jurisdiction) and validly enfore the laws (enforcement 2 jurisdiction). It cannot be denied that Flag States play such an important role in protecting the marine environment from vessel-source pollution. The International Maritime Organization (IMO) has adopted so far many treaties, one of which is the International Convention for the Prevention of Pollution from Ships (MARPOL) in 1973 and its protocol in 1978. This Convention specializes in the obligations of Flag States to prevent vessel-source pollution.
Moreover, the third United Nations Conference on Law of the Sea adopted the UNCLOS 1982 which also regulates the obligations of Flag States in Article 211 and 217. Being a member of these two global multilateral Conventions, Vietnam – as a Flag State – has to comply with the regulations of both MARPOL 73/78 and UNCLOS 1982. However, Vietnam has not paid enough attention to the laws and regulations in the field of environment in general and marine environment in particular. Vietnamese laws still lack several Flag State obligations.
As a Flag State whose laws and regulations are complied with by vessels flying under Vietnamese flag, our laws and regulations on Flag State obligations must be clear, in detail, in accordance with international Conventions that Vietnam is a member of and must be effectively validly enforced. Therefore, it is necessary to analyze the obligations of Flag States to prevent vessel source pollution under international laws, as well as under a foreign national law in order to see how that nation develops its laws on Flag States obligations and validly enforces them. This will be experiences for perfecting Vietnamese laws. From those reasons above, we decided to choose the topic of “Obligations of Flag States to protect marine environment from vessel – source pollution under international laws, Australian laws, and experiences for Vietnam”.
Literature of review Researches on marine environmental pollution have been conducted by many authors in the world. Most of these researches are about land-based pollution sources. Since land-based sources account for the most significant amout causing marine pollution, the role of coastal States to protect marine environment is the most important. Therefore, most of the researches concentrate on marine pollution from the land and the obligations of coastal States.
However, apart from the land-based marine pollution, there are also other five categories of marine pollution, one of which is pollution from vessels. Unlike land- based pollution and the obligations of Coastal States having become a “hot” topic of abundant studies, vessel-source pollution and the obligations of Flag States only appear in a few studies. It is very difficult to find a complete study that discusses deeply and clearly the obligations of Flag States to protect marine environment from vessel-source 3 pollution. Following are the highlight documents that relate to our academic study’s topic.
In this chapter, the book indicates MARPOL but as a whole. It only introduces how many Annexes MARPOL has and which category of vessel - source pollution each Annex regulates. It does not analyze Flag State obligations to prevent pollution from ships in detail. However, the book does analyze clearly Flag State obligations under UNCLOS 1982.
It clarifies Flag State prescriptive jurisdiction and enforcement jurisdiction in accordance with UNCLOS regulations. Hanoi Law University (2019), International Law of the Sea, Judicial Publisher; and Ho Chi Minh City University of Law (2020), Public Interntional Law (Second book), Hong Duc Publisher: Both books have the content of protecting marine environment. However, these books do not analyze Flag State obligations under MARPOL 73/78. They only mention Flag States obligations under UNCLOS 1982 but in such a general way by “listing out” Flag State obligations regulated in UNCLOS 1982 rather than analyze them.
Moreover, these books do not indicate the division between prescriptive and enforcement jurisdiction of Flag State to prevent vessel source pollution. The Hanoi Law University does mention Vietnam’s legal framework of marine environmental protection but still in a very general way. Nguyen Hong Thao (2004), “Bao ve moi truong bien – Van de va Giai phap”, National Political Publisher: This book indicates MARPOL. It first introduces the aim and structure of MARPOL.
It also depicts Flag State right to inspect equipment and structure of vessels and the right to conduct itself or to cooperate with other port and coastal States in investigating, prosecuting and sanctioning in accordance with its domestic laws to prevent violations of the Convention. The book then analyzes each Annex of MARPOL but rather in a way of repeating what have been regulated in MARPOL. It does not distinguish between Flag State prescriptive and enforcement jurisdiction to prevent vessel source pollution and also it does not group the regulations into different categories in order to clarify Flag State obligations. However, this book has clarified Vietnam’s legal frameworks of protection of marine environment and prevention of marine pollution.
It also analyzes the implementation of international Conventions on marine environment in Vietnam. The book states that although Vietnam has published several national legal documents in order to give effect to MARPOL, there are still many difficulties and the awarness in this field is not yet enough. The Vietnam’s legal frameworks and Vietnam’s implementation of 4 international Conventions on marine environment in the book can be references for our study. Patricia Birnie, Alan Boyle, and Catherine Redgwell (2009), International Law and the Environment, Third Edition, Oxford University Press: This book clarifies regulations of vessel pollution in which it indicates jurisdiction under MARPOL.