Abstract
The modern legal regime of a flag State’s status “ecological” obligations is composed by a legislation (laws and regulations) of two levels: international and national. The legislation of both the levels is consistent with the generally accepted international rules, standards and recommended practices and procedures, the “UNCLOS’82”, the rights of States and prescribes, inter alia, measures to be taken for the protection and preservation of the marine environment pollution – measures to prevent, reduce and control pollution of the marine environment – the States’ “ecological” obligations. It is generally accepted in international maritime law to dived abovementioned obligations in: status “ecological” obligations of the “shore States”, status “ecological” obligations of the “port States” and status “ecological” obligations of the “flag States”. The research topic is certainly relevant given the almost catastrophic situation due to pollution of the world's oceans and the environment in general. The research methodology includes methods of analysis and synthesis, dogmatic method and comparative law method. This research focuses on the definition of the modern international legal regime of a flag State’s status “ecological” obligations. These obligations form a flag State’s legal status and could be qualified as an integral part of the “genuine link” conception. The author of the article concluded that the current conventions in the field of maritime law aimed at protecting the world's oceans play an important role, but no less important tasks are to improve national legislation of coastal countries, as well as proper implementation of both international and national norms aimed at the protection and restoration of the world's oceans.
Highlights
In the contemporary epoch the problems of the exploration, development and use of the ocean spaces’ resources have acquired a global character exerting a noticeable influence on the general progress of international relations and affecting the interests of all states
There are international conventions with direct or indirect implications for preventing of marine pollution, which are illustrated the interrelations of marine safety, marine pollution and international maritime law and, have formed modern international legal regime of statute “ecological” obligations of States Parties to the conventions and, inter alia, flag States
The main responsibility for compliance of ships with generally accepted international rules and standards fixed in appropriate conventions adopted under the aegis of IMO or in other way rests with “flag States”, which for these purposes shall insure compliance with applicable international rules and standards of “vessels flying their flag or of their registry” – “flag vessels”
Summary
In the contemporary epoch the problems of the exploration, development and use of the ocean spaces’ resources have acquired a global character exerting a noticeable influence on the general progress of international relations and affecting the interests of all states. There are international conventions with direct or indirect implications for preventing of marine pollution, which are illustrated the interrelations of marine safety, marine pollution and international maritime law and, have formed modern international legal regime of statute “ecological” obligations of States Parties to the conventions and, inter alia, flag States. Given the conventions’ forthcoming entry into force, it is important to study its provisions and to work out scientific recommendations as to their implementation It is a well-known fact that there are some international conventions with direct or indirect implications for preventing of marine pollution. The relatively brief listing of this conventions is illustrated the interrelations of marine safety, marine pollution and international maritime law and, have formed modern international legal regime of statute “ecological” obligations of States Parties to the conventions
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