ABSTRACT
International Conventions Relating to Land-Based Sources of Marine Pollution Control: Applications and Shortcomings
By Daud Hassan
This article reviews international conventions relating to land-based sources of marine pollutions and the extent to which they incorporate and apply strategies for the sustainable management of natural resources. Recognizing that land-based sources are the major factor in oceanic pollution, the author examines the major international agreements that affect this type of pollution – which include provisions from the Geneva Conventions on the Law of the Sea, the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (the London Convention), and the Untied Nations Convention on the Law of the Sea (LOSC) – and demonstrates their scope and limitations with respect to land-based sources of pollution.
The author explores in detail a case involving radioactive pollution in the Irish Sea , which demonstrated the scope of provisions in the Law of the Sea convention relating to compulsory provisional measures to resolve international disputes. Providing methods to resolve marine environmental disputes among coastal states is an important objective of the international agreements. The provision of compulsory dispute settlement mechanisms within the LOSC was a significant advance. This mechanism allows for imposition of provisional measures to prevent serious harm, rather than simply assigning liability after the fact. In the Irish case, the LOSC Tribunal gave broad scope to the Convention’s dispute mechanism, broader than some may have expected given the wording of the provision itself. While the author sees this as an advance in environmental protection, he points to the limits of this ruling obstacles that the compulsory dispute resolution system still faces. Ultimately, the author concludes that the existing framework of international agreements is not yet sufficiently effective and that efforts to conclude a new treaty that will incorporate basic sustainable management principles are needed.