Prevention Of Marine Pollution Research Articles

Assessing Drifting Fish Aggregating Device (dFAD) Abandonment under International Marine Pollution Law

Abstract This article asks whether the abandonment of drifting fish aggregating devices (dFADs) is illegal under international marine pollution law. To answer this question, it provides a brief overview of the general international legal framework for the protection of the marine environment as well as specific legal regimes, namely the London Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (LC), its 1996 Protocol (LP), and Annex V of the International Convention for the Prevention of Pollution from Ships (MARPOL). The article concludes that the abandonment of dFADs contravenes the LC/LP and/or, depending on the preferred interpretation, MARPOL Annex V. The decision as to which of the two regimes is applicable depends on whether dFAD abandonment can be classified as ‘incidental to, or derived from the normal operations of vessels … and their equipment’ or not. The negligent loss of dFADs always violates MARPOL Annex V. The article also shows that certain state practice and opinio juris suggests a parallel applicability of the two regimes with respect to deliberate dFAD abandonment. While such a development would ensure more comprehensive coverage of the relevant standards and prohibitions, a clear regulatory decision as to which of the two regimes is the correct one would be preferable from an implementation and enforcement perspective.

Quality Standards for Pollution Prevention Countermeasures for Safety and Security at the Port of Surabaya (Survey o (Survey on Tanker Ships at the Port of Surabaya)

The purpose of this study is to determine and analyze the activities of the shipping fleet in the use and use of aids to prevent and prevent pollution of the marine environment, the attention and willingness of officers and crew on the prevention and prevention of pollution of the marine environment, as well as strategies for handling and preventing pollution of the marine environment to support safety and shipping security. By using descriptive qualitative research, data collection is done through interviews and documentation studies to be further processed and analyzed. The results of the first analysis showed that there were still ships that were not in accordance with international standards on the means of supporting marine pollution prevention equipment and there were still crew members who were not aware of the need to prevent sea pollution. The second analysis shows that the attention and willingness of the ship's officers and crew still aboard the ship's officers who neglected the prevention of pollution by ships, not all crew members have the habit of paying attention to pollution by ships. The results of the third analysis indicate that there are still shipping companies that have not yet fully equipped the pollution prevention aids on ships, when shipping equipment is damaged it is rather difficult to provide a replacement. The results of the fourth analysis show that the strategy for preventing and preventing pollution of the marine environment to support shipping safety and security is the result of an analysis of the strengths and weaknesses as well as opportunities and threats to increase the prevention and prevention of pollution of the marine environment to support shipping safety and security.

Diagnosis of Integrated Coastal Management in Mexico

The growing concern about the abuse of coastal resources and the adverse effects caused by their exploitation have led countries to take measures to combat the consequences of null or deficient management. Currently, our country is subscribed to several international agreements to prevent marine pollution and protect ocean biodiversity. Although it lacks an integrated coastal management plan, it has a large number of laws that regulate activities related to its coasts and oceans. In this article we will analyze, with the help of the ICZM Decalogue proposed by Barragán (2001; 2004), Mexico’s actions with respect to the integrated coastal management of its extensive marine territory. Keywords: ICZM Decalogue, Integrated coastal management, Mexico.

Risk maturity model for the maritime authorities: a Delphi study to design the R-Mare matrix model

AbstractMaritime authorities have the administrative responsibility for the safety and security of shipping and the prevention of marine and atmospheric pollution caused by ships. This responsibility involves various tasks that can be supported through effective risk management, but currently, there are no models available to evaluate its level of maturity in maritime administrations. To fill this gap and respond to the needs identified by maritime authorities, this article introduces a new risk maturity model called the R-Mare matrix. This model is built on recent scientific knowledge in the field of risk management, and it has been designed in close cooperation with end-users and maritime risk management experts using the Delphi methodology. As a result of this process, the article provides a qualitative risk maturity matrix specifically tailored to support the self-evaluation of maritime authorities. The matrix consists of 17 state-of-the-art risk management attributes, a five-step risk maturity scale, and associated risk maturity grid descriptions. These elements can be used to evaluate the current risk management performance of maritime authorities, identify areas for improvement, and develop a plan to achieve a higher level of maturity. Overall, the R-Mare matrix model represents an important step forward in this field while laying the foundation for further development.

Juridical Analysis of Marine Pollution Prevention Control in the Barelang Coastal Community Area by the Batam City Government

This research aims to determine the control of preventing marine pollution in the Barelang Coastal Community Area. This research uses a qualitative type of research. The research method is empirical normative research, namely examining the factual implementation or implementation of positive legal provisions and contracts in each specific legal event, so this research requires primary data and secondary data. Data sources were obtained from primary, secondary and tertiary legal materials. The results of this research are that legal regulations related to the control of preventing marine pollution in the Bareleng coastal area have not been effective and have not been running well because of Law Number 27 of 2007 concerning Management of Coastal Areas and Small Islands and Law Number 32 of 2009 concerning Protection and Environmental Management applies administrative sanctions to business actors. The obstacle to controlling marine pollution prevention in the Barelang Coastal area is the behavior of people who still throw rubbish carelessly. Even though this is very clearly stated in Batam City Regional Regulation number 11 of 2013 article 64, there are no administrative sanctions applied to individuals or local communities. Solution Carrying out targeted and sustainable environmental education and awareness campaigns. Build cooperation with NGOs and environmental organizations to increase public awareness and revise or update inadequate environmental regulations to ensure the effectiveness of controlling marine pollution.

Optimalisasi Peran Hukum Perusahaan Pelayaran Terhadap Pencegahan Pencemaran Laut Oleh Sampah Sesuai Marine Pollution (Marpol) 73/78 Annex-V Dari Kapal

Plastic waste has a serious impact on the marine environment, threatening more than 800 marine species, and can affect the food chain down to humans. The aim of this research is firstly to find out, analyze and explain issues related to strategies for preventing marine pollution from ship waste. This research is normative legal research which considers research as analysis. The data analysis technique used is through data collected from legal materials with descriptions in effective, orderly and logical sentences so as to simplify the analysis of the results of the problem formulation. Results of the research Currently, MARPOL Regulation 73/78 Annex V is an important international legal instrument to prevent marine pollution by waste from ships. This regulation prohibits the dumping of waste into the sea, except under certain conditions. In the implementation and management of waste on board ships, activities ranging from waste collection to disposal, must all be carried out in accordance with the procedures regulated in Annex V MARPOL 73/78, if If waste management is not carried out according to predetermined procedures, waste dumping will occur anywhere and wherever the ship is located so that in the future waste that is thrown carelessly can cause pollution in the sea.

Application of Biological Methods and Remote Sensing in Marine Monitoring

Due to the serious side effects caused by poured nuclear sewage, marine monitoring ought to be paid much more attention than before. This article concludes two major general approaches, respectively biological methods and remote sensing. Biological methods contain specifically 4 different methods: ecological monitoring, biological monitoring, measurement of biological physiological and biochemical indicators, and determination of residual amounts of pollutants in the organism. Sensor monitoring technology based on marine organisms is a common technology, which desires marine life suitable for being sensor-equipped and well-developed tags to undergo successive monitoring. Biological detection methods are established by scientists in relevant fields to make up for the shortcomings of physical and chemical pollution detection. The remote sensing method, which includes a range of techniques such as satellite imagery, aerial photography, and sonar systems, offers a unique vantage point that allows us to observe and analyze large expanses of oceanic territory with unprecedented precision and efficiency. It can also be used to identify the sources of marine pollution, assess the impacts of marine pollution on marine ecosystems, monitor the effectiveness of pollution mitigation measures, and develop and implement policies to prevent marine pollution.

Balancing energy security and marine pollution prevention: legal challenges of utilizing nuclear power for decarbonizing maritime transportation in the Arctic region

Balancing energy security and marine pollution prevention: legal challenges of utilizing nuclear power for decarbonizing maritime transportation in the Arctic region

Between Scylla and Charybdis: the implications of the human right to science for regulating the harms and benefits of environmental science and technology

ABSTRACT This article explores whether the integration of human rights approaches, in particular, the human right to science in Article 15(1)(b) of the International Covenant of Economic, Social and Cultural Rights, offers a basis for improving upon current approaches in international environmental law by widening democratic input and oversight in decisions involving environmental science and its applications. It examines a case study regarding the international regulation of marine geoengineering under an amendment to the 1996 Protocol to the 1972 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter. The analysis focuses on how the harms and benefits of marine geoengineering research are conceived of in the amendment, and the norms and processes adopted to address them. These same issues are then examined under the human right to science, focusing on the recent interpretation of the right by the Committee on Economic, Social and Cultural Rights in its General Comment No. 25. It seeks to show in a particular case how international environmental law and international human rights law each bring to bear different objectives, norms, and processes in how they treat issues of environmental science and technology, and explores the benefits of more integrated approach.

China's marine environmental public interest litigation: current situation, challenges, and improvement approach –analysis based on 339 cases

Marine pollution and ecological damage seriously undermine economic and social development and human life and health and threaten the sustainable development of human society. With the rapid development of industrialization and urbanization and the intense exploitation of marine space and marine natural resources, China’s marine ecology is facing serious problems such as pollution of marine waters, the decline of marine plant and animal resources, and the impairment of the ecological function of coastal zones. China’s marine environmental public interest litigation (MEPIL) has achieved remarkable results in protecting marine natural resources, safeguarding the marine ecosystem, and preventing marine pollution and ecological damage. The paper closely combines the judicial practice of Chinese MEPIL, exploring 339 legal cases brought by administrative organs, public prosecutors, and non-governmental organizations (NGOs) presented on the China Judgment Online from 2018 to 2023. It can be concluded that three modes of MEPIL, namely civil, administrative, and civil public interest litigation incidental to criminal proceedings, have been constructed. Attempts have been made to confirm the standing of the litigation, improve the pre-litigation procedure, and clarify the types of compensation. However, significant obstacles exist in China’s MEPIL. Theoretical clarifications and practical distinctions with other types of proceedings should be made. The current standing should be improved regarding procuratorial organs, administrative authorities, and social organizations. Court jurisdiction systems need to be enhanced. Inconsistencies in the legal provisions on whether MEPIL cases must be under the exclusive jurisdiction of the maritime courts have impeded the efficiency of the handling of cases. The corresponding solutions to the aforementioned obstacles are also analyzed. Clarifying the MEPIL’s nature and improving the relevant laws, and regulations, are essential measures. In addition, providing the explicit interpretation of the legal provisions, expanding the standing, and improving the jurisdictional and other legal system should be explored.

Based on stakeholder questionnaires of ship-derived waste, waste management re-planning in Ports and determining the need for inspection

The implementation and standardization of sustainable waste management in ports by MARPOL is significant to prevent marine pollution from ships with increased maritime trade. In this study, a questionnaire was applied to the ship personnel and port personnel using the ports to determine the need for the sustainable management of ship waste. For the first time in the literature, 123 people using different ports of the world participated in the survey, and the surveys were analyzed using the IBM SPSS®️25 program. As a result of the survey, it was determined that the fee tariffs applied for the collection of ship wastes vary between countries and even in the ports within the country. Besides, the waste collection time of the ports differs due to technical deficiencies, and the information of the personnel on waste management is insufficient. It is considered that marine pollution caused by shipborne wastes can be prevented mainly through standardizing both the technical capacity and pricing of waste reception facilities that receive waste from ships and training all personnel in charge of waste collection from ships on the collection and separation of wastes according to the standards specified in MARPOL.

The Helsinki Convention – a legal obstacle for carbon storage in the Baltic Sea?

The Convention on the Protection of the Marine Environment of the Baltic Sea Area – also known as the Helsinki Convention – was originally signed in 1974 by all Baltic Sea coastal countries, seeking to address the increasing environmental challenges from industrialisation and other human activities and that were having a severe impact on the marine environment. It entered into force on 3 May 1980. The Convention includes the protection of the Baltic Sea from all sources of pollution from land, air and sea. The Helsinki Convention was updated in 1992 to take into account the geopolitical changes and emerging environmental challenges in the region and was extended to ten Contracting Parties, including the European Union. The updated Helsinki Convention of 1992 entered into force on 17 January 2000.According to the articles in the Helsinki Convention [1] dumping in the Baltic Sea is generally forbidden. Carbon storage can be seen as dumping when regarding it as “deliberate disposal at sea or into the seabed of wastes or other matter” (article 2.4 a (i)). If there is not an applicable exemption (article 2.4 b – not seen as dumping, or 11.4 – exception from prohibition due to that safety of human life is threatened, or 29 – prohibition not applicable due to the relation to other Conventions) carbon storage then is forbidden (article 11.1), and that prohibition shall be implemented in national law through its national authorities (article 4.2).There is though a common interest among several countries around the Baltic Sea to be able to store carbon in the Baltic Sea in the future, in order to reduce CO2 emissions and reach the common climate goals. For example, Sweden is right now, through its authority Geological Survey of Sweden, investigating the possibility of storing carbon within Swedish territory in the Baltic Sea.Therefore, there is also a discussion among the countries who have signed the Helsinki Convention about how to go forward making sure carbon storage is in agreement with the Convention. One way could be to look at how this problem was dealt with in the London Protocol – 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 (see article 4.1, and Annex I 1.8 and 4) [2], where carbon dioxide was added to the list of matter that may be considered for dumping if certain conditions are being met (disposal into a sub-seabed geological formation, consisting overwhelmingly of carbon dioxide, no wastes or other matter are added for the purpose of disposing of those wastes or other matter).

The necessity of justice for a fair, legitimate, and effective treaty on plastic pollution

In 2022, states resolved to negotiate by the end of 2024 a legally binding international instrument to govern the life cycle of plastics, including the prevention of marine pollution. Prioritizing justice, this study contends, is going to be necessary for a fair and equitable agreement that safeguards human rights, which in turn is going to be essential for the treaty’s legitimacy and effectiveness. Five justice principles in particular will need to guide development and implementation of the agreement. First, negotiators, policymakers, and implementors will need to strive for distributive justice, reflecting the strong evidence that plastic pollution is disproportionately harming vulnerable populations, especially in developing countries. Second, they are going to need to commit to procedural justice, ensuring Indigenous peoples and marginalized communities have the opportunity to participate fully and meaningfully in plastics governance. Third, they will need to aim for environmental justice at all levels of governance, avoiding rules, incentives, and market mechanisms that exacerbate social inequities or violate human rights. Fourth, they are going to need to impose strong regulatory controls, including trade and investment restrictions, to enhance corporate transparency and accountability for plastic pollution and environmental injustices. Fifth, they will need to provide technical and financial assistance to help transition marginalized populations to a non-polluting global plastics economy, avoiding further indebting low-income states while placing the economic burden on high polluters and high-capacity states. The article concludes by reflecting on possible approaches, regulatory controls, and legal concepts to promote these principles and enhance the treaty’s legitimacy and effectiveness.

UNCLOS 1982: Comparative Analysis of Marine Pollution Prevention by Ships

The objective of this research article is to analyze the effectiveness of the regulations outlined in the United Nations Convention on the Law of the Sea (UNCLOS) 1982 in preventing marine pollution caused by garbage from ships. Marine pollution threatens oceans and UNCLOS 1982 regulates ship garbage to prevent it. UNCLOS 1982's effectiveness in preventing marine pollution is debated. This study analyzes regulations and assesses implementation across countries. This research article has been applied qualitative research methodology. The study finds that although many countries have ratified UNCLOS 1982, there are significant differences in the implementation of the regulations among countries. Some countries have implemented the regulations effectively, while others have failed to do so. UNCLOS 1982 is crucial to prevent marine pollution by ship garbage. The study suggests improving implementation through stakeholder awareness, enforcement mechanisms, and monitoring. Countries must work together to prevent marine pollution caused by ship garbage

NIMASA’s Lacunas in the Discharge of Its Regulatory Functions in the Management of Oil Spills Pollution in Nigeria

Nigeria and Niger Delta region in particular have experienced environmental pollutions consequent from oil exploration and production activities. Fauna and flora as well as the entire marine ecosystem in these areas are at risk from oil spills pollution. Investigation to establish the indebt consequences of oil spill pollution on key performance indicators as well as the remedial actions for resuscitation is most times hinged on effective implementation, monitoring of the regulatory framework of the regulatory agencies saddled with such responsibilities. The overall success of which depends fully much on the environmental ambient and the enforcement capacity of the regulatory agencies. Effective maritime safety administration, maritime labor regulation, marine pollution prevention and control, search and rescue, inspections, cabotage enforcement, shipping development and ship registration, training and certification of seafarers, and maritime capacity development are the main focus of NIMASA as a governmental agency. However, all these specific roles are often not met due to certain lacunas within the corridors of the regulatory framework.

Onshore ballast water management systems: National perspectives

The present paper focuses on ballast water management systems (BWMS) in line with the Ballast Water Management Convention, aiming to prevent marine pollution from harmful alien species transported through ships’ ballast water. Three approaches of BWMS are considered: Ballast water exchange, Onboard and Onshore systems. Solutions regarding ballast water reception and treatment are proposed, including several options: for ports that are equipped with ballast water reception facilities (BWRFs); for ports not equipped with BWRFs and for companies with onshore facilities (OBWRFs).Thoroughly examined in the paper is the applicability of national onshore BWMS inclusive specifically of the expected users of the OBWRFs; suggested stakeholder groups involved in the process and their responsibilities; step by step procedure; documentation of the procedure related to the main parties - the Shipowner/ captain, Port authority, the company with OBWRFs. It has been found out that OBWRFs are more suitable to be applied on national level, bearing in mind that most of the Bulgarian ports are limited to increase their working area. Further research should be carried out about the possible location of the OBWRFs with regard to the necessary infrastructure, equipment, restricted zones, etc.

Modification of Ballast Filtering Device on John Lie Training Ship to Prevent Marine Pollution

This study aims to present appropriate selection methods for evaluation, analysis, and comparison between different ballast water treatment technology systems in order to make good decisions in selecting the most optimal treatment system. This research designed a ballast water filter device on the John Lie training ship to prevent marine pollution due to species movement through the ballast water transfer process by referring to the D2 standard of the IMO Ballast Water Management Convention. During the ballasting process, ballast water contains thousands of species of marine animals and plants that are carried in ballast tanks, causing problems for the marine environment and human health. The modification of the filtration tool designed by the researcher used a 0,1 mm and 0,01 mm net tied to the ballast tank inlet pipe using a clamp on the ballast pipe of the John Lie training ship. This can fully be used during the process of filling ballast water from port seawater to enter the ballast tank through this filtration system. The results shown after passing the filter with a total plate count of 36 microorganisms indicate that the filtration system designed by the researcher can meet the D2 standard of the IMO BWM Convention Regulation.

해양환경보호와 상당한 주의(due diligence)

The Part XII of the UNCLOS, entitled “Protection and Preservation of the Marine Environment,” is by nature a framework and does not contain detailed norms and contents. Therefore, the role of due diligence in understanding and implementing marine environmental protection is critical. Due diligence can fill the gap in the content of specific obligations, serve as a criteria for fulfilling the obligation to protect the marine environment, and act as a factor to strengthen such obligation.
 With regard to the obligation to protect the marine environment, considering it merely element for determining breach of the obligations in the context of “State responsibility” has a limitation. Because the nature of the marine environment protection obligation requires the prevention of the pollution or harm to the marine environment. Given the nature of the primary obligation, due diligence can perform the function to bridge the gap between primary and secondary obligations. As due diligence is a flexible and variable concept, states can strengthen obligations to protect the marine environment and prevent marine pollution by reflecting the higher standards enabled by technological development.
 However, there is a concern that the flexible nature of this concept allows countries to have broader discretion in fulfilling obligations. This is because there is room for countries to interpret the degree of their obligations differently due to the subjective characteristics of expressions such as “all appropriate,” “as much as possible,” “necessary,” and “effective.” Recognizing these limitations, it would be desirable to enforce compliance with the proceduralization of the due diligence obligations. This includes developing each procedural obligation for the protection of marine environment and defining the forms and criteria of the due diligence obligation within the context of each procedural obligation. By doing so, countries can ensure that due diligence is implemented consistently and effectively in protecting the marine environment.

Proposed Improvements for Type Approval and Inspection Systems of Marine Pollution Prevention Materials and Chemicals

Proposed Improvements for Type Approval and Inspection Systems of Marine Pollution Prevention Materials and Chemicals

Seaworthiness Management of Bulk Carriers during the Transportation Process from the Perspective of Bauxite Performance

The seaworthiness of a ship plays a critical role in ensuring the safety of life and property and the prevention of marine pollution. One meaning of seaworthiness is the fundamental ability to sail safely to a destination, as well as being fit and ready for cargo. The parameters of seaworthiness have been expanded with the introduction of new maritime regulations. The entry of the 2019 amendments to the IMSBC Code into force has brought significant changes to bulk carriers with cargo that may liquefy at sea. Using examples from history, as well as an understanding of the environmental conditions of the oceans that ships are subject to, the seaworthiness of bauxite carriers was examined critically. First, the concept and doctrine of seaworthiness were clarified considering the existing transportation technology. Then, the spirit of the 2019 amendments to the IMSBC Code was applied to the seaworthiness of a bauxite carrier, showing that it demonstrated dynamic instability. Beyond that, from a transportability performance perspective, an extensive discussion was provided concerning the major correlation related to seaworthiness. Finally, practical recommendations were given on keeping a ship seaworthy before and during the process of bauxite transportation.