Japanese Measures against Marine Pollution under UNCLOS and the IMO Treaties
Author | Jun Tsuruta |
Position | Associate Professor of International Law at the Japan Coast Guard Academy. LL.B.(Sophia), LL.M.(Tokyo) |
Pages | 381-389 |
Page 381
Part XII of the United Nations Convention on the Law of the Sea (“UNCLOS”)
One of he contented issues regarding the enforcement of laws and regulations against foreign vessels is the interpretation of the “laws and regulations adopted in accordance with this Convention”and the “applicable international rules and standards established through the competent international organization or general diplomatic conference”as mentioned in Part XII of UNCLOS. For example, Article 210 of UNCLOS addresses pollution by dumping, and stipulates that domestic laws and regulations “shall be no less effective in preventing, reducing and controlling such pollution than the global rules and standards.”It further requires States to establish goals and regional rules, standards and recommended practices and procedures “especially through competent international organizations or diplomatic conference.”The IMO is generally regarded as a good example of a “competent international organization.”The rules and standards adopted by the IMO are as follows: the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter of 1972 (“London Convention of 1972” );
Page 383
Japan is a Contracting Party to many marine environmental treaties adopted by the IMO, including: the London Convention of 1972; the London Protocol of 1996; the MARPOL 73/78; the Protocol of 1997; the International Convention on Oil Pollution Preparedness, Response and Co-operation of 1990 (“OPRC Convention”);
The London Convention of 1972, its following Protocol and the London Protocol of 1996 are generally interpreted to be “global rules and standards”to prevent, reduce and control pollution of the marine environment by dumping.
The London Protocol of 1996 represents a major change of the system to regulate dumping of wastes or other matter originating from land into the sea. The Protocol adopts the “precautionary approach”and the “polluter-pays principle.”
The contrast between the London Convention of 1972 and the London Protocol of 1996 is in regards to the regulations of dumping. The London Convention of 1972 (and UNCLOS) does not prohibit dumping but rather subjects it to a system of express prior approval.
In 1970, Japan adopted the Act on the Prevention of Marine Pollution and Maritime Disaster (“Marine Pollution Prevention Act”).
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