Environmental Problems Protection of the Marine

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					  Protection of the Marine
Environment: Regional Seas
    Budapest, 25 July 2006

    Said Mahmoudi, Stockholm
        University, Sweden
Maritime Zones
•   Internal Waters
•   Territorial Sea
•   Archipelagic Waters
•   Contiguous Zone
•   Fishing Zone
•   Exclusive Economic Zone (EEZ)
•   High Seas
•   Continental Shelf
•   The Area
Competence for the Protection
of the Marine Environment
• In Internal Waters: Full sovereignty
• In Territorial Sea: Full sovereignty
  with the exception of the flag State’s
  right to innocent passage
• In Archipelagic Waters: Like in the
  territorial sea
• In EEZ: Limited jurisdiction
Coastal State’s environmental
rights in the territorial sea and
archipelagic waters

• Designation of protected areas
• Designation of navigational routes
• Prohibition of pollution discharges
• Forcing foreign ships out of territorial
 sea in case of willful and serious
Coastal State’s environmental
rights in the EEZ
• To legislate and enforce national
  laws in accordance with international
  rules and standards [Art. 211 (5)]
• To establish PSSAs [Art. 211 (6)]
• To institute proceedings including
  inspection, detention and imposition
  of monetary penalties [Art. 220 (3) –
  (6) and Art. 230]
Protection of the Marine
Environment in a Historical

• Period before the 1950s

• Torrey Canyon Accident and its
Main Concerns and Approaches
• 1960s – 1970s: Pollution,
  piecemeal approach
• 1980s: Conservation of
  resources, holistic approach
• 1990s: Different problems,
  integrated approach
Main Approaches

• From linear, ethnocentric
 approach to overall, ecosystem

• From a reactive to a proactive
• 1972: Stockholm Conference
• 1982: LOS Convention
• 1987: Brundtland Commission
• 1992: Rio Conference
• 2002: Johannesburg Conference
Stockholm Conference June

• Stockholm Declaration (Principle 21)
• Stockholm Action Program
• United Nations Environment Program
Rio Conference (UNCED)
June 1992
• Agenda 21
• Rio Declaration
• Forest Principles
Johannesburg Conference
(WSSD) August- September
• Johannesburg Declaration

• Plan of Implementation
Means of Protection
            Binding Means
•   Agreements- Conventions- Protocols
            Non-binding Means
•   Recommendations, Action Plans,
    Declarations of Principles
International Environmental

• Negotiation
• Signature
• Ratification – Accession - Approval
• Protocols
• Legal Effects at National Level
 (Monism – Dualism)
Applicable Legal Principles
• Prevention, reduction and control

• Co-operation

• Notification and consultation

• Access to Justice and Public Participation
Applicable Legal Principles

• Polluter pays principle (PPP)
• User Pays Principle
• Equality of Access
• Non-discrimination
• Environmental Impact Assessment
Principles Applicable to
Shared Natural Resources

• Reasonable Use
• Equitable Utilization
• Non-discrimination
 Common Concern of Humankind

 Sustainable Development
 Inter-generational equity
 Intra-generational equity
 Common but differentiated
 Integration of environment aspects
  in all policies
 Precautionary principle
 Necessity and Proportionality
  (During Wartime)
Compliance and Sanctions
• National reports

• Compliance Committees

• Non-judicial dispute settlement

• Judicial dispute settlement
Marine Environment

A: Marine Pollution

• 1967 – Torrey Canyon Accident
• 1975 - UNEP Regional Seas Program
• 1982 – UN Law of the Sea
Marine Environment

B- Marine Living Resources
• 1993 FAO Compliance Agreement
• 1995 UN Fish Stock Agreement
• 1970s – Regional Agreements
1982 LOS Convention and
Regional Seas
• Article 197 Co-operation on a global or regional basis

  States shall co-operate on a global basis and, as
  appropriate, on a regional basis, directly or through
  competent international organizations, in formulating
  and elaborating international rules, standards and
  recommended practice and procedures consistent with
  this Convention, for the protection and preservation of
  the marine environment, taking into account
  characteristic regional features.
Why regional arrangements?

• “The concept of regionalization in the
  protection of the marine environment
  allows measures to be taken according to
  the specific needs.” 1992 OSPARCOM
• The preambles of the UNEP Conventions:
  “special requirements”, needs and
  requirements”, “special hydrographic and
  ecological characteristics”.
Why regional arrangements?

• Regional arrangements permit the
 adoption of rules more adapted to needs
 of the specific region.

• Regional arrangements permit gap-filling
 of the global conventions
Why regional arrangements?

• Gaps due to the lack of a global
  convention on a special subject (e.g. land-
  based pollution)

• Gaps due to the lack of ratification of a
  relevant global convention by certain
  states (LDC in Mediterranean and MARPOL
  in the Persian Gulf)
Why regional arrangements?

• Effective implementation of global
 conventions and action plans through
 regional institutions
How appropriate are regional

• For land-based pollution (highly
• For vessel source pollution (least
• For dumping (in-between position)
The pragmatic approach of the
regional arrangements
• Concept of region: geographical
  indications, coordinates
• They apply to: semi-enclosed seas (Black
  Sea, Mediterranean); waters under
  national jurisdiction (Gulf of Guinea,
  Abijan Convention) as well as High Seas
  (South-West Pacific Numéa Convention)
• Exclusion and inclusion of internal waters
Interface between regional
and global arrangements
• Regional arrangement as subsidiary to a global
    arrangement (1992 Helsinki and Paris
    Conventions & MARPOL)
•   Overlap of regional and global arrangements
    (LDC similar but not identical to regional
    arrangements; Basel Convention)
•   Regional arrangements as the only ones (land-
    based pollution)
Different generations of regional
• Helsinki Convention (1974 – 1992)
• Barcelona Convention (1976, amended 1995)
• Oslo Convention (1972) & Paris Convention
    (1974) replaced by Paris Convention (1992)
•   New concepts (hydrologic basin), new
    approaches (integrated coastal management),
    new problems (alien species), new knowledge
Hierarchy of instruments and
related problems
• Interpretation of one regional convention in light
    of one or more others.
•   Conflicting obligations under a global and a
    regional convention on the same subject
    (authorized dumping under LDC and regional
•   Coexistence of conventions and problem of
    disputes settlement (MOX Plant Case, MARPOL
    and LOS Convention)
Mediterranean Sea (Mediterranean
Action Plan, Barcelona Convention)

• 1. Albania                • 12. Libya
  2. Algeria                  13.   Malta
  3. Bosnia/Herzegovina       14.   Monaco
  4. Croatia (elements of     15.   Morocco (EEZ)
  EEZ)                        16.   Serbia & Montenegro
  5. Cyprus (EEZ)
  6. Egypt ?                  17.   Slovenia
  7. France                   18.   Spain
  8. Greece                   19.   Syria
  9. Israel                   20.   Tunisia
  10. Italy                   21.   Turkey
  11. Lebanon
                              22.   European Union
       Characteristics of the
        Barcelona System
• The archetype and the best working
 system of a regional cooperation

• 21 coastal states with widely divergent
 economic development, cultural traditions,
 language and religion
    Legal and Political protection (The
           Barcelona Process)
• 1976 Barcelona Convention: a framework
    instrument with general and vague obligations
    as well as protocols, more precisely elaborating
    each party’s obligation with respect to a specific
    type of pollution
•   Mediterranean Action Plan (MAP)
•   A move from sectoral approach (1976-1995) to
    an integrated approach (1995- ?)
      Applicable Instruments
• Mediterranean Action Plan 1975, Phase II
•   The Convention for the Protection of the
    Marine Environment and the Coastal
    Region of the Mediterranean (Barcelona
    Convention 1976 as amended in 1995)
•   Protocol for the Prevention of Pollution in
    the Mediterranean Sea by Dumping from
    Ships and Aircraft (Dumping Protocol 1976
    as amended 1995)
      Applicable Instruments
• Protocol on the Protection of the
    Mediterranean Sea against Pollution from
    Land-Based Sources (LBS Protocol 1980 as
    amended 1996)
•   Protocol for the Protection of the
    Mediterranean Sea against Pollution
    Resulting from Exploration and
    Exploitation of the Continental Shelf and
    the Seabed and its Subsoil (Offshore
    Protocol 1994)
      Applicable Instruments
• Protocol Concerning Specially Protected
    Areas (SPA 1982), replaced by Protocol
    Concerning Specially Protected Areas and
    Biological Diversity in the Mediterranean
    (SPA and Biodiversity Protocol 1995)
•   Protocol on the Prevention of Pollution of
    the Mediterranean Sea by Transboundary
    Movements of Hazardous Wastes and their
    Disposal (Hazardous Wastes Protocol
    Applicable Instruments

• Protocol Concerning Cooperation in
 Preventing Pollution from Ships and,
 in Cases of Emergency, Combating
 Pollution of the Mediterranean Sea
 (Prevention and Emergency Protocol
      Institutional Organ

• Mediterranean Commission on Sustainable
  Development (MSCD) established 1995
• Advisory body consisting of
  representatives of local authorities,
  business groups, environmental NGOs and
  states parties on equal footing
          MCSD´s main aims

• to identify and assess socio-economic and environmental
  problems in the spirit of Agenda MED 21.

• to track implementation of proposals made to the
  contracting parties.

• to encourage co-operation and exchange of information on
  sustainable development in the Mediterranean basin.
  The 1995 SPA & Biodiversity
• 1982 Protocol applied to territorial sea
• 1995 protocol applies to all Mediterranean
  waters, even High Seas (due to lack of
  EEZ and the need to protect migratory
• 1995 also provides for establishment of an
  Specially Protected Area of Mediterranean
  Interest (SPAMI)
   The 1996 Land-Based Pollution
• Compared to the 1980 protocol, the new
  protocol applies to the whole hydrologic basin of
  the Mediterranean Sea area including ground
  waters. This means that it practically applies to
  the whole territory of each state party.

• States parties shall elaborate national or regional
  action plans for implementation of the Protocol.
   The 1996 Land-Based Pollution
• Main parameters of the Strategic Action
  - monitoring trends
  - monitoring biological effects
  - monitoring compliance
• A success story with tangible results
       The 2002 Prevention and
         Emergency Protocol
• Compared with the 1976 Protocol, the new
    protocol has a holistic approach and cover all
    aspects of pollution accidents.
•   Strong preventive element; establishment of
    contingency plans; obligations both before and
    after the accident; establishment of reception
    facilities; full cooperation between, flag, port
    and coastal states.
      Black Sea (Bucharest
• Participating Countries (All having
 1. Bulgaria
 2. Georgia
 3. Romania
 4. Russian Federation
 5. Turkey
 6. Ukraine
General Features of the Black Sea

• World’s largest semi-enclosed sea
• The most polluted of all semi-enclosed seas
• Danube is the largest source of pollution (50%
    of all nutrients)
•   Increase of industrial activities and introduction
    of alien species since early 1980s
•   87% of the Black Sea without life
  Legal and Political Protection

• The 1992 Bucharest Convention (and its
  four protocols)
• The 1993 Odessa Declaration
• The 1993 Black Sea Environment Program
• The 1996 Strategic Action Plan for the
  Rehabilitation and Protection of the Black
 General Features of the Bucharest
• A framework agreement
• Particular stress on the role of land-based
  pollution from European rivers
• Emphasis on land-based pollution
• A Commission responsible for the
  implementation (Istanbul Commission)
• No reference to new environmental
     Protocols to the Bucharest
• The 2001 Protocol on Protection of the
  Black Sea Marine Environment against
  Pollution from Land Based Sources
• The 2001 Protocol on Cooperation in
  combating pollution of the Black Sea
  Marine Environment by Oil and Other
  Harmful Substances in Emergency
     Protocols to the Bucharest
• The 2001 Protocol on the Protection of the
  Black Sea Marine Environment against
  Pollution by Dumping
• The 2003 Black Sea Biodiversity and
  Landscape Conservation Protocol
  The 1993 Odessa Declaration

• A modern instrument compared to the
  Bucharest Convention
• Rehabilitation of the Black Sea as the main
• Precautionary approach, BAT, integrated
  management, PPP, UPP, EIA
 Strategic Action Plan (BS-SAP)
• The main instrument for the protection of
  the Black Sea
• States have committed themselves to the
  rehabilitation and protection of the Black
  Sea ecosystem
• It alarms that the process of degradation
  of the Black Sea is irreversible
• Detailed policy actions
Strategic Action Plan (BS-SAP)

• Relation with other entities:
 - Black Sea Economic Cooperation (BSEC)
 - 1994 Danube River Convention and its
 International Commission
 - UNEP, UNDP and the World Bank
   Certain Relevant Issues

• Oil transport
• Environmental protection v. freedom of
  the seas
• Caspian region
• The role of the European Union
Red Sea/Gulf of Aden Region
(PERSGA, Jeddah Convention)
• Participating States
 1.   Djibouti
 2.   Egypt
 3.   Jordan
 4.   PLO (Palestine)
 5.   Saudi Arabia
 6.   Somalia
 7.   Sudan
 8.   Yemen
 Legal and Political Protection

• The 1976 Action Plan for the Conservation
 of the Marine Environment and Coastal
 Areas of the Red Sea and the Gulf of
 Aden, revised 1995

• The 1982 Regional Convention for the
 Conservation of the Red Sea and Gulf of
 Aden Environment
 Legal and Political Protection

• The 1982 Protocol Concerning Regional
  Co-Operation in Combating Pollution by Oil
  and Other Harmful Substances in Cases of
• The 1999 Strategic Action Programme for
  the Red Sea and Gulf of Aden (SAP)
       Jeddah Convention

• A framework agreement with weak
  structure and vaguely formulated
• A sleeping beauty without a well-defined
       Institutional Organ

• Regional Organization for the
 Conservation of the Environment of the
 Red Sea and Gulf of Aden (PERSGA),
 established by the Jeddah Convention, but
 activated first in 1995
  Strategic Action Program
• The main goal: To provide a framework
  for the long-term conservation of the
  unique habitats of the Region and to
  promote the sustainable management of
  renewable marine resources
• The main focus: land-based pollution, port
  improvements, and monitoring
            Final remarks

• Political factors
• Necessary infrastructure
• Environmental consciousness
• Financial resources
• The role of public participation