Analysis of International Instruments in Relation to Vessel Source Marine Pollution with Special Reference to Marine Pollution Prevention Act of Sri Lanka

Abstract

This research is related to the Law of the Sea under the Public International Law concentrated to the Vessel source marine pollution. Although there are many types of marine pollution, this research is limited only to vessel source marine pollution by oil. Since marine pollution adversely affect to whole environment in terms of climate change, global warming and degradation of natural resources, it is expected to achieve the objectives through this research such as to identify the methods of vessel source marine pollution, to evaluate the effect to the environment, to determine the importance of prevention, to identify the stakeholders in prevention, to evaluate the existing laws, to identify the loopholes in the law and to recommend the steps to fill in the gaps in law. Since the research is a doctrinal and library research, the methodology used here is Black letter methodology and as the research method, primary sources such as statutes like international treaties and conventions relating to law of the sea and marine pollution, Domestic acts relating to marine pollution including the constitution of Sri Lanka, Cases of International Court of Justice relating to vessel source marine pollution were used and also books by scholars in law of the sea, regulations and resolutions of International Maritime Organization (IMO), research articles, journal articles, web articles, blog articles, articles of international conferences relating to law of the sea were used as secondary sources. This research recommends several recommendations such as to include provisions in the constitution of Sri Lanka for protection of marine environment even beyond the territorial waters, to revise the provisions of United Nations Convention of Law Of the Sea (UNCLOS) and The International Convention for the Prevention of Pollution of Ships (MARPOL) relating to innocent passage for introduce new provisions without ambiguities, to establish a well-trained task force for encountering the emergencies relating to marine environment including oil spills and marine casualties, establish a special court or tribunal for matters relating to shipping, establish new ship yard facilities in Sri Lanka to repair ships which are found unseaworthy within maritime boundaries of Sri Lanka, claim the damages to marine environment from shipping agents and charterers when the ship owners refuses to pay.