Measures to Curb Marine Pollution

The world’s oceans face pollution from oil spills, waste dumping, ballast water, plastic, toxic chemicals, and invasive species.
To address these issues, global efforts evolved through international conventions and organisations.
Three major frameworks guide marine pollution control:

1. London Convention / 1996 Protocol
2. UN Convention on the Law of the Sea (UNCLOS)
3. International Maritime Organization (IMO)

Let’s understand them:

Convention on the Dumping of Wastes at Sea (London Convention, 1972)

This was the first international agreement specifically aimed at ending marine pollution from human-induced dumping.

Purpose

• Control & eventually eliminate ocean dumping of wastes

What counts as “dumping”?

• Deliberate disposal of waste from:
  • Ships
  • Aircraft
  • Platforms
  • Other man-made structures

IMPORTANT:

“Wastes from seabed mining/exploration” are NOT considered dumping under this convention.

Earlier permissions (before amendments)

Originally, the Convention allowed:

• Dumping of low-level radioactive waste
• Dumping of industrial waste
• Incineration at sea

Later amendments changed this:

1978 Amendment

• Banned incineration at sea

1993 Amendment

• Banned dumping of low-level radioactive waste
• Phased out industrial waste dumping (by 1995)

This marked a complete shift toward stricter marine protection.

1996 Protocol (Replaces the 1972 Convention)

Came into force in 2006, administered by International Marine Organisation (IMO)

How is the 1996 Protocol different?

It is far more restrictive:

1. Precautionary Principle

Take preventive action even without scientific certainty.

2. Polluter Pays Principle

The person/party causing pollution must bear the cost.

3. Strict “reverse list” approach

Dumping is prohibited, except for items listed in Annex I, such as:
→ Dredged material
→ Sewage sludge
→ Fish waste from industrial processing

These are allowed because their impact is mostly physical, not toxic.

4. Bans imposed

• No dumping or incineration of any other waste
• No export of waste to other countries for dumping/incineration
• Stricter monitoring & reporting obligations

2006 Amendments to the 1996 Protocol

These amendments were triggered by the rise of carbon capture and storage (CCS) technologies.

Key provisions

• Allow storage of CO₂ under the seabed
• Regulate sub-seabed geological sequestration
• Ensure CCS does not harm marine ecosystems
• Part of global strategies on:
  • Climate change mitigation
  • Ocean acidification control

This made the Protocol the first international law to regulate carbon sequestration.

UN Convention on the Law of the Sea (UNCLOS)

UNCLOS is often called the “Constitution of the Oceans”.

Main Objectives

• Protect marine environment
• Regulate navigation, seabed mining, resource rights
• Support scientific research
• Resolve maritime disputes

Institutional Mechanisms

UNCLOS operates through three bodies:

1. International Tribunal for the Law of the Sea (ITLOS)
2. International Seabed Authority (ISA)
3. Commission on the Limits of the Continental Shelf (CLCS)

Defines maritime zones clearly

• Internal Waters
• Territorial Sea
• Contiguous Zone
• Exclusive Economic Zone (EEZ)
• Continental Shelf

Special provision for landlocked states

They receive:

• Right of access to the sea
• No transit taxes allowed through neighbouring coastal states

International Seabed Authority (ISA)

Created under UNCLOS, headquartered in Jamaica.

Role

• Regulates mineral exploration/extraction in international seabed areas (“Area”)
• “Area” = beyond national jurisdiction
• India is one of its 168 members

ISA protects deep-sea ecosystems while allowing controlled resource utilisation.

International Maritime Organization (IMO)

IMO is the UN’s global regulator for shipping.

Headquarters: United Kingdom
(Only UN agency headquartered in the UK)

Key Objective

“Improvement of maritime safety and prevention of marine pollution.”

Environmental Wing

• Marine Environment Protection Committee (MEPC)
  • Coordinates global action on oil pollution, chemical discharge, waste disposal

IMO handles rules for:

• Accidental spills
• Operational discharge from ships
• Tanker regulations
• Ballast water
• Ship recycling

Ballast Water Management Convention (2004)

Ships take in seawater (ballast) to stabilise them.
When discharged elsewhere, it introduces invasive alien species into new ecosystems.

This convention aims to:

• Prevent global spread of harmful aquatic organisms
• Mandate treatment of ballast water before discharge
• Protect biodiversity and fisheries

Ships must install ballast water treatment systems.

Bunker Convention (2001)

Purpose:
Ensure compensation for victims of oil pollution from a ship’s fuel (bunker oil).

Applies to:

• Damage within a state’s territory + territorial sea + EEZ

Modelled after:

• 1969 International Convention on Civil Liability for Oil Pollution Damage

India has ratified:

✔ Ballast Water Management Convention
✔ Bunker Convention

Regional Oil Spill Contingency Plan (South Asia)

Joint initiative by:

• SACEP (South Asia Cooperative Environment Programme)
• IMO

Covers:

• India
• Bangladesh
• Pakistan
• Sri Lanka
• Maldives

Purpose

• Facilitate cooperation & mutual assistance
• Prepare for & respond to major oil spill disasters in the region
• Enable quick mobilisation of equipment and expertise

This regional mechanism strengthens India’s marine pollution response capacity.

High Seas Treaty (HST) / BBNJ

After decades of negotiations, the UN adopted a landmark treaty called:

Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ)
→ Popularly known as the High Seas Treaty (HST)

It is adopted under UNCLOS and is often referred to as the:

“Paris Agreement for the Ocean”

Why?
Because it creates a global, legally binding framework to conserve marine biodiversity in the high seas, which were previously poorly regulated.

What Are the High Seas (Areas Beyond National Jurisdiction)?

To understand BBNJ, first understand the geography of ocean jurisdictions:

• Every coastal country has:
  • Territorial waters (up to 12 nautical miles)
  • Contiguous zone (up to 24 nautical miles)
  • Exclusive Economic Zone (EEZ) (up to 200 nautical miles)

High Seas = Areas beyond 200 nautical miles (outside all EEZs)

→ No country “owns” them
→ Open to all nations

Key facts

• Cover 2/3rd of the world’s oceans
• Considered “common heritage of humankind”
• Nations are free to:
  • Navigate
  • Fish
  • Conduct research
  • Carry out lawful activities

But freedom without strict regulation led to overexploitation, making this treaty essential.

Why Do We Need the High Seas Treaty?

Because the high seas are ecologically vital:

• Produce 50% of the world’s oxygen
• Represent 95% of Earth’s biosphere
• Act as the largest carbon sink on the planet
• Yet, only 1% of high seas had legal protection before this treaty

Problems that pushed global action

• Overfishing
• Rising temperatures & ocean acidification
• Marine pollution
• Climate change impacts
• Deep-sea mining threats
• Rapid exploitation of marine genetic resources

Without a framework, the high seas were becoming a lawless frontier.

Read in detail about High Seas Treaty here.