1.8 Methods and Aids to Pollution Prevention Flashcards
Q. What are the purpose and objectives of the London Convention 1972?
- To prevent indiscriminate disposal at sea of wastes.
- To encourage regional agreements in addition to MARPOL.
- To control pollution of the sea by dumping in addition to MARPOL.
- To prohibit the dumping of certain hazardous materials listed in the “black list” and require a prior special permit for dumping a number of other identified materials in the “gray list”.
- To provide a framework for international control and prevention of marine pollution and allowing individual parties collectively promote the effective control of all sources of pollution of the marine environment.
Q. What are the purpose and objectives of the London Protocol of 1996?
Application of a ‘precautionary approach’ is included as a general obligation; a ‘reverse list’ approach is adopted.
- All dumping is prohibited unless explicitly permitted.
- Incineration of wastes at sea is prohibited
- Export of wastes for the purpose of dumping or incineration at sea is prohibited.
Extended compliance procedures and technical assistance provisions have been included, while a so-called transitional period allows new Contracting Parties to phase in compliance with the Protocol over a period of five years, provided certain conditions are met.
The protocol came into effect on 24 March 2006.
See advantages of being party to the London Protocol: Benefits of being party to the LP.pdf(opens in a new tab)
Define ‘dumping’
Any deliberate disposal at sea of wastes or other matter from vessels, aircraft, platforms or other manmade structures at sea.
Q. What is excluded from the definition of ‘dumping’?
- Operational waste
Q. How do the London Convention and Protocol work together with other international agreements?
- Policies assisting Parties in ensuring that their national waste-management strategies cover all sources of pollution prevention of marine environment, including waste disposal at sea.
- Promotion of waste prevention at source and beneficial use of dredged marine sediments.
- Development of advice under the Protocol.
- Setting up of cooperative arrangements with the above agreements and programmes and implementing joint activities.
Q. To which vessels does the intervention on the high seas convention apply to?
Applies:
- All seagoing vessels.
Does not apply to:
- Warships.
- Vessel on governmental non-commercial services.
The 1969 Intervention Convention applied to casualties involving pollution by oil. In view of the increasing quantity of other substances, mainly chemical, carried by ships, some of which would, if released, cause a serious hazard to the marine environment, the 1969 Brussels Conference recognised the need to extend the Convention to cover substances other than oil.
Q. What are the obligations of the Coastal State prior to taking action, in the event of a maritime casualty on the high seas?
The coastal state shall consult with other States affected by the maritime casualty, particularly with the flag State or States;
Shall notify without delay the proposed measures to any persons who have interests which can reasonably be expected to be affected by those measures.
The coastal State may consult with independent experts, whose names shall be chosen from a list maintained by the Organisation.
In cases of extreme urgency requiring measures to be taken immediately, the coastal State may take measures rendered necessary by the urgency of the situation, without prior notification or consultation or without continuing consultations already begun.
Q. To which vessels does the CLC apply to?
- All seagoing vessels carrying oil in bulk as cargo.
In addition:
- Ships carrying >2,000 tons of oil are required to maintain insurance in respect of oil pollution damage.
Q. To which vessels does the CLC not apply to?
- Warships or other vessels owned or operated by a State and used for the time being for Government non-commercial service.
What is the purpose of International Convention on Civil Liability for Oil Pollution Damage (CLC)?
Purpose:
- Ensures adequate compensation to persons who suffer from oil damage.
- Places liability on owners.
How are people compensated under CLC?
Through Special Drawing Rights (SDR) via International Monetary Fund (IMF).
What does CLC help Shipowners?
- Pollution damage resulting from oil spills.
- If the Shipowner takes preventive actions, the CLC can cover him if he can’t afford it.
- Shipowners cannot limit liability if it is his faulty.
