Rights and Duties of State Parties to Unclos Iii Regarding Marine Pollution Prevention: a Global Legal Perspective with Regards to Vessel Based Pollution and Ocean Dumping

Abstract

This paper reviews the global governance framework of marine pollution specially by vessels and dumpingunder the United Nations Convention on the Law of the Sea (UNCLOS) 1982, whichis considered as the most comprehensive unified international regime that addresses the nations" rights towards the better governance of the world ocean. Part XII of UNCLOS is devoted for the "protection and preservation of the marine environment”, where section V addresses the international rules and national legislations and section VI addresses enforcement of rules and regulations by States, with respect to pollution prevention and control. UNCLOS recognizes six categories of marine pollution, of which pollution by vessels and by dumping have been specially focused in this paper. Ocean going vessels may deliberately or accidentally discharge pollutants in to the sea and to address the issue, Generally Accepted International Rules and Standards (GAIRS) have been set up by the International Maritime Organization and UNCLOS have provided Flag, Costal and Port States" jurisdiction in terms of rights and duties. UNCLOS defines "Dumping” as the deliberate disposals of wastes from manmade structures at sea and there are provisions for States parties in order to prevent, reduce and control pollution of the marine environment by dumping. For both sources, enforcement powers have been provided for Flag, Costal, Port or any other State that has connection to the pollution activity.