L05 - UNCLOS and Environment

Question 1

Where to find about the preservation of the marine environment in UNCLOS?

Answer 1

UNCLOS Part VII

Artlicles:

192, 193, 194, 196, 211, 217, 218, 220

Question 2

Explain article 192

Answer 2

Article 192: General obligation

States have the obligation to protect and preserve the marine
environment.

Question 3

Explain article 193

Answer 3

Article 193: Sovereign right of States to exploit their natural resources

States have the sovereign right to exploit their natural resources pursuant to their environmental policies and in accordance with their duty to protect and preserve the marine environment.

Question 4

Explain article 194

Answer 4

Article 194: Measures to prevent, reduce and control pollution of the marine environment

1. States shall take, individually or jointly as appropriate, all measures consistent with this Convention that are necessary to prevent, reduce and control pollution of the marine environment from any source…best practicable means at their disposal …

Question 5

Explain article 196

Answer 5

• Article 196 Use of technologies or introduction of alien or new
  species

1. States shall take all measures necessary to prevent, reduce and control pollution of the marine environment resulting from the use of
   technologies under their jurisdiction or control, or the intentional or accidental introduction of species, alien or new, to a particular part of the marine environment, which may cause significant and harmful changes thereto.

Question 6

Explain article 211

Answer 6

Article 211: Pollution from vessels

States are required to establish laws and regulations to prevent, reduce, and control pollution of the marine environment from ships. These regulations should conform to international rules and standards, particularly those adopted by the International Maritime Organization (IMO)

– 1. States, acting through the competent international organization
shall establish international rules and standards to prevent, reduce
and control pollution of the marine environment from vessels….

– 4. Coastal States may … adopt laws and regulations for the prevention, reduction and control of marine pollution from foreign vessels, including vessels exercising the right of innocent passage.

• UNCLOS itself does not devise any specific regulation but provides the
  top framework for governance of oceans and seas.

Question 7

Explain article 217

Answer 7

Article 217 - Enforcement by flag States

States shall ensure that vessels flying their flag or of their registry carry on
board certificates required ……, and do periodically inspection.

Question 8

Explain article 218

Answer 8

Article 218 - Enforcement by port State

When a vessel is voluntarily within a port or at an off-shore terminal of a
State, that State may undertake investigations and, where the evidence so warrants, institute proceedings against that vessel.

Question 9

Explain article 220

Answer 9

Article 220 - Enforcement by coastal States

Where there are clear grounds for believing that a vessel navigating in the
territorial sea of a State has, during its passage therein, violated laws and
regulations of that State, may undertake physical inspection of the vessel.