Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes.[1] Maritime law, is a body of laws, conventions, and treaties that govern private maritime business and other nautical matters, such as shipping or offenses occurring on open water. International rules governing the use of the oceans and seas are known as the Law of the Sea.[2]
In this article we will be discussing what are the international laws when it concerns nautical miles. In addition to this, the author also tries to highlight the below mention key points:
– The problem of oil tanker accidents in the EEZ,
– The influence of Stockholm Conference,
– Precautionary principle,
– Coastal state influence.
– Looking at various state laws,
– International laws,
– UNCLOS,
– Marine planning policy, to name a few.
The article discusses on the efforts that were brought forth in trying to implement maritime pollution a part of environmental issues. The French law in this regard directly addressed the issue of oil tanker accidents and came up with their own procedural law, followed by the European Greens in the 1960’s. “Following the breakup of the very large crude carrier (VLCC) Amoco Cadiz off the coast of Brittany in the spring of 1978, France issued a decree that required oil tankers entering French territorial waters to notify French maritime authorities of their position, course and speed, nature of their cargo, and date and time of entry.”[3]The fact of the matter is this that, initially that they were no definite laws and the ones that existed had their own versions of many interpretations. As for this, the precautionary principle does address the fact that instant and speedy action is essential whenever there is a potential hazard. “In the words of President George W. Bush who invoked a precautionary vision of national security in 2003 on the eve of the U.S. invasion of Iraq when he declared, “If we wait for threats to fully materialize, we will have waited too long.” [4]
Understanding Maritime Law: “In most developed nations, maritime law follows a separate code and is an independent jurisdiction from national laws. The United Nations (UN), through the International Maritime Organization (IMO), has issued numerous conventions that can be enforced by the navies and coast guards of countries that have signed the treaty outlining these rules. Maritime law governs many of the insurance claims relating to ships and cargo; civil matters between shipowners, seamen, and passengers; and piracy. Additionally, maritime law regulates registration, license, and inspection procedures for ships and shipping contracts; maritime insurance; and the carriage of goods and passengers.” [5]
The IMO (established in 1948 as the Inter-Governmental Maritime Consultative Organization and coming into force in 1958) is responsible for ensuring that existing international maritime conventions are kept up to date as well as developing new agreements as and when the need arises.[6] Today, there are dozens of conventions regulating all aspects of maritime commerce and transport. The IMO names three conventions as its core:
- “The International Convention for the Safety of Life at Sea
- The International Convention for the Prevention of Pollution from Ships
- The International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers” [7]
Oil Spills: A Real Issue
In 1968, the “UN formally recognized the connection between the quality of human life and the natural environment. The General Assembly adopted Resolution 2398, which proposed to convene a UN conference in Stockholm in 1972 for the purpose of creating a framework within the UN for comprehensive consideration of the problems of the human environment.” [8]
However, this fails to recognize maritime pollution or life of aquatic animals per se. There is no international codified law addressing this issue. Canada in this regard came up with its own law named “Water Pollution Prevention Act”, recognizing maritime issues. Stockholm Conference in general also just focused more on environmental pollution and sustainable development. In addition to which the Conference did in overtime improve and expand its influence in various other aspects of environment pollution.
After Stockholm Conference conducted in the year 1972, it took ten years later to enforce a provisional law, now known as UNCLOS (Law of the Seas) 1982. Mediators requested to design an arrangement that would not only encourage and promote conservation of marine environment, but it would also restore legitimate and reasonable ocean activities. The same was largely achieved with the help of UNCLOS.
The Law of the Seas Convention’s concluding agenda which addresses “protection from vessel source pollution” attained a prudent equilibrium without declining the freedom to traverse in the seas. It will be much smoother and easier if port states, and flag states work together to regulate the shipping process by establishing autonomous authority concerning the vessels that enter such ports. This would mainly include:
- Establish laws that require that prevent and control maritime pollution,
- Procedures of entry of foreign vessels,
- Enforcing laws regarding internal waters, etc
The law of the sea has rested on two traditional concepts, that of the high seas where the freedom of the seas prevails, and that of the territorial sea which is under the sovereignty of the costal State.4 There is a need to develop a system that caters to the challenges produced by scientific and technical developments in the marine environment. As stated earlier, it is necessary to maintain equitable balance that which will help conserving the marine environment.
Earlier, maritime pollution was given little consideration, especially under the purview of international law. in the current scenario, it is very well understood that the ocean does not have limitless capacity to absorb waste. The same reason why allowing unrestricted access to pollutants in the ocean should in no case be acceptable. Such use of the sea can very much deplete it and needless to say harm aquatic animals as well as human beings. The intention behind the article was to examine law, regulations and standards that were set up for vessel-source pollution and to decide if they are efficient or not in controlling the said vessel-source pollution in the long run. “Negotiations at the Third Conference on the Law of the Sea were convened to address the worldwide opinion as to the unsatisfactory state of the current legal regime, or lack of it, in the oceans. It was also intended that this Conference would “provide progressive development of entirely new law in areas such as the protection of the environment”[9]
It is also important to note that there is a need to understand on what criterion pollution control standards are set. The precautionary principle solves the division and balance of power and duties between the coastal states and flag states which independently legislates maritime pollution control laws. Initially they failed to solve issues in regard to oil tanker accidents, where the failure to decide jurisdiction led to failure in resolving marine pollution disputes. The same has been resolved by the Convention of the law of Seas. Part XII of the Convention explicitly deals with vessel source pollution and implies general duty on protecting and preserving marine environment. It is evident that the Convention has set high international standards to control pollution and makes it clear that freedom of the high seas does not in any means mean freedom to pollute.
[1] Admiralty law - Wikipedia [2] Maritime Law Definition (investopedia.com) [3] James Kraska, Maritime Power and the Law of Seas, 2011 BY OXFORD UNIVERSITY PRESS, Inc. [4] http://classic.austlii.edu.au/au/journals/UQLawJl/1992/7.pdf [5] Maritime Law Definition (investopedia.com) [6] Brief History of IMO [7] List of IMO Conventions [8] Supra 3. [9] lR. Stevenson, "Lawmaking for the Seas" (1975) 61 American BarAssociation Journal 185 at 188.
