Abstract
Nowadays, there are some marine pollution cases caused by oil spill from vessels. These cases give a significant impact on marine environment and threatening human’s life. Therefore, law enforcement is needed.One of the principles that can be used in solving this problem is Polluter-Pays principles. This principle found in the 16th principle of the Rio Declaration on Environment and Development on 2002. The requirement of the principle is cost of pollution should be borne by the person responsible for causing the pollution. National authorities should endeavor to promote the internalization of environmental costs and the use of economic instruments. This article aims to find out the implementation of polluter pays principles in Indonesia, especially in study of oil spill. Polluter pays principle can be used as one of solution in helping country overcome the loses oil spill cases within Indonesian waters. One of the challenges is Indonesia need a specific instrument used as a mechanism for calculating the loss or damage that should be paid by the polluters.
Highlights
Marine pollution is pollution that occurs due to human activities resulting in damage to biological resources and all life in the sea
There are some marine pollution cases caused by oil spill from vessels
These cases give a significant impact on marine environment and threatening human’s life
Summary
Marine pollution is pollution that occurs due to human activities resulting in damage to biological resources and all life in the sea. Pollution in the sea is compounded by an understanding of the inexhaustible resources of the oceans and the principle of freedom of the sea.[1] The United Nations Convention Law of the Sea (UNCLOS) article 192 states that “States must protect and preserve the marine environment.". Article 194 of UNCLOS contains sources that cause pollution in the sea, one of the sources of pollution caused by ship waste. Article 194 (3) (b) states that “ Pollution from vessels, in particular measures for preventing accidents and dealing with emergencies, ensuring the safety of operations at sea, preventing intentional and unintentional discharges, and regulating the design, construction, equipment, operation and marine vessels.”. The OECD has formulated related to the implementation of the Polluter pays principle, the party that carries out pollution should be burdened with the obligation to pay due to the pollution that has been caused.[4]
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