13 - The use of PSSAs in the South China Sea

Abstract

Several international shipping routes pass through the South China Sea. International shipping poses a substantial risk of oil pollution which could have grave consequences for the marine environment in the South China Sea. UNCLOS gives coastal states varying degrees of authority to regulate pollution from vessels in both the territorial sea and in the exclusive economic zone. However, the complex territorial disputes over the features in the South China Sea, including the Spratly Islands and the Paracels, limits efforts of littoral states in the South China Sea to take unilateral measures to regulate ship-source pollution in waters surrounding the disputed features. Any such unilateral measures will be subject to protest and counter-protest and will undoubtedly escalate tensions presently simmering in the region. However, there may be a solution. IMO guidelines permit states to adopt - associated protective measures on shipping in order to protect - Particularly Sensitive Sea Areas (PSSAs) from ship-source pollution. The states claiming sovereignty over islands in the South China Sea should seriously consider making a joint proposal to the IMO to designate parts of the South China Sea as a PSSA, and to designate associated protective measures to prevent, reduce and control pollution in the PSSA from shipping activities. The PSSA proposal should be made without prejudice to the issues of sovereignty over the disputed islands or the final determination of maritime boundaries. The creation of a PSSA in the South China Sea would represent functional cooperation in the common interest to safeguard the marine environment. Since enforcement of the associated protective measures would be the responsibility of flag states, this scheme would avoid any issues about which of the claimant states has jurisdiction to enforce the protective measures.