‘Challenges and Regulatory Precautionary Approach of Flag States in Implementing Obligations Under the Ballast Water Management Convention’

Abstract

Increasing shipping activities necessitated by an upsurge in international trading has a resultant impact on the marine ecosystem. Apart from the usual incidences of marine pollution and oil spillages, the introduction and transfer of invasive alien species (IAS), often known as harmful aquatic organisms and pathogens (HAOP), are increasing and impacting marine ecosystems and biological diversities. In realization of these threats, at the United Nations Conference on Environment and Development (UNCED), the International Maritime Organization (IMO) was requested to consider the adoption of appropriate rules on ballast water discharge based on the understanding that ships’ ballast water serves as a pathway for such bio-invasion transfer. Responding to these challenges led to the adopting of several regulations, technical guidelines, and rules, including the Ballast Water Management Convention in 2004. Hence, implementing the Convention has several implications for the existing legal regimes on flag states. The Convention and its Guidelines are complex and technical, coupled with a differential approach to ballast water management (BWM) by non-state parties like the U.S. Therefore, this research paper analyses some of the challenges and precautionary regulatory approaches for flag states in implementing the Convention while carrying out their obligations under the Convention. It concluded by suggesting a reflection of universally acceptable and environmentally friendly standards for ballast water management and treatment for containing the increasing prevalence of bio-invasion in the marine ecosystem.