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12 Cards in this Set

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  • Back

What problems is the law of oceans and seas trying to solve?

- Piracy (social and economic issue)
- Trade (social and economic issue)
- Pollution (environmental, social and economicissue)
- Mineral exploitation (political, economic andenvironmental issue)
Sources of pollution (Oceans & Seas)

- Land-based ocean pollution


- Vessel-based ocean pollution


- Dumping

Land-based Ocean Pollutants

- Chemical nutrients


- Sewage and bacterial agents


- Oil


- Organic chemicals


- Metals


- Sediments and litter


- Radioactive substances


- Heat

Difficulties in solving the problems of land-based oceanpollution

- Sources are domestic, not international


- Sources are often non-point source

Legal Responses to Land-Based Pollution

Treaties


UNCLOS – UN Convention on the Law of the Sea(1994)


MARPOL – International Convention for thePrevention of Pollution from Ships (1973/78)

Problems Vessel-based Ocean Pollution

- Deliberate release of waste oil


- Oil spills in tanker accidents


- Air pollution from ships


- Scrapping of ships


- Accidental spills of harmful cargo

Legal Responses to Vessel-Based Pollution

Treaties


- UNCLOS


- MARPOL




Principles


- State Responsibility (codified into UNCLOS)




Customs


- UNCLOS rules are followed by ‘‘widespread” statepractice, even for those states that did not sign or ratify.


- What evidence does that provide for custombefore the ICJ?

Legal Responses to Dumping in the Oceans

Treaties


- UNCLOS




Principles


- Precautionary


- Polluter pays

Does it make it more effective toget state protection into enclosed seas or not?

No, it makes more sense to settle disputes through treaties.

What's the advantage of not onlyhaving it in the treaty?

Treaty: expire, reservation, not sign, withdrawing

Examples ofInternational Institutions in Transboundary Water Conflicts

- Africa:Nile River Commission


- NorthAmerica: Great Lakes Commission


- Europe:Rhein River Commission


- MidEast: Joint Technical Rivers Committee (1980 Turkey and Iraq; 1983 joined bySyria)

What do youneed to show who is responsible?

Only,if you can proof who made the chemicals that you find in the water.




Otherfactors: even if a river or river basin is domestic in territory,groundwater and evaporation do concern other states and therefore people arguethat there is no such thing as a domestic water body.