Authored By: UMA MUTHUKAVERI N
GOVERNMENT LAW COLLEGE RAMANATHAPURAM
ABSTRACT
In recent times, the world has been facing numerous pollutions related challenges in all sectors. Among these pollution has emerged as one of the most critical issue recognized at the international level. According to the United Nations Environment Programme (UNEP), plastic waste has reached crisis proportions, contaminating nearly every ecosystem on earth from the deepest ocean to the most remote mountain regions. Every year millions on tonnes of plastic enter oceans and freshwater system, causing severe harm to marine life and biodiversity. Alarmingly micro plastics have now been detected in the air we breathe and the food we consume. This issue demands immediate global attention, as continued inaction will lead to irreversible environmental damage and pose serious risks to human health. Reducing the use of plastic and controlling hazardous industrial chemicals are essential step toward mitigating this crisis. This growing pollution crisis has profoundly influenced me to write this article, aiming to raise awareness and propose solutions for a more sustainable and responsible future.
INTRODUCTION
Sea pollution refer to the meaning of ocean which was polluted by the people by throwing the plastics, papers, cloths, chemicals to the ocean which was harming the life of marine organism and seas. This Earth was gives us so many things to live our everyday life happily and help us to lead a healthy life but in return we only cause the pollutions and harming the Earth in so many ways. This action of the people was had to be stopped unless the Earth shows what we done to the Earth and thought a lesson for us to do not cause the pollution to this Earth. There are many laws existed to control the people at the international level for not cause this harming actions but those are not very helpful to not cause those pollutions by the human beings. It was had to be controlled before this Earth react for that. Because peoples at the international level are not be aware of this laws and pollution which was caused by them by their actions. Some peoples are do those things without knowing that was a unlawful activity and cause pollution, in the same time some peoples are do the same thing by knowing that was a unlawful act and knows the results of their action and also knows their action will cause the problem to the Earth where they live. So now what we have to do is spread the awareness to the people and control the pollution and take a responsibility for not to do those again by carelessness. Because it has to stop by people before this Earth itself knows, and give us something in return for what we have done, which was dangerous to people in the pursuit of survival, such as causing a pandemic, a tsunami, or any natural disaster that humans are unable to tolerate and find a solution for. Because that was more dangerous than we think, so we have to stop those actions right now, which caused pollution globally.
TYPES OF MARINE POLLUTIONS
PLASTIC POLLUTION
Plastic pollution is the most widespread form of marine pollution worldwide. It includes one time use plastics, fishing nets, micro plastics, and packaging materials. These plastics persist for centuries, harm marine living organisms through those use of plastics at the ocean and throw under the water by the people who visits and enjoys the marine ecosystem. And also this was enter into the food chain of human beings through sea foods like fish prawn etc. If we did not give attention to this issue we have to face the most dangerous issue which was created by us without knowing that, it will hit us back to the form of like this.
OIL POLLUTION
Oil pollution occurs mainly due to tanker spills, offshore, drilling accidents, and illegal discharge from ships. Oil coats marine organisms, damages coral reefs and disrupts marine ecosystem for long periods. This pollution will happen by two main ways, one is unlawfully stealing the oil from another country and they will travel through ocean, another one is lawfully export the oils from the another countries through contract basis. By those ways sometimes by the cause of natural disaster the oil containing ships will spills the oil into the water, it will definitely affect the living organisms of marine and marine water and marine ecosystem.
CHEMICAL POLLUTION
Industrial effluent, agricultural runoff, pesticides, heavy metals like mercury and lead and toxic chemical enter the oceans through rivers. This substances cause bioaccumulation, poisoning marine species and affecting human health. Because if those chemical are entered into marine water then the water becomes poison so any living organisms of marine drink that water, those organisms will affect and they will become poison also. So escape from this situation we only have to do one thing that is don’t use the chemical on the Ocean.
NOISE POLLUTION
This pollution was happen through human activities such as shipping novel exercises, and offshore construction generate underwater noise. Because if the group of people goes to the sea for enjoys shipping, they will do clubbing and make sounds of music’s for their entertainment. It will affect the marine organisms.
THERMAL POLLUTION
Discharging of heated water from power plants and industries will increase ocean temperature locally, reducing oxygen levels and stressing marine life. If this still went on like this it will affect the human beings who visits the sea for their enjoyment. So that we have to give attention to this issue immediately. Then we will save the sea water and save the marine life promptly.
IMPACT ON MARINE ECOSYSTEM AND COSTEL COMMUNITIES
Marine pollution has caused severe and often irreversible damage to marine ecosystem across the world. Because every ocean’s which are located in different places of Earths are severely affected by this pollution, most crucial substances like plastics, chemicals, noise those are most dangerous weapon to exploit the Ocean. And it will definitely affect the people enormously it will happen through their act to the ocean and causing such pollutions, which was most dangerous to them in the future. Because we are done so much nonsense actions to this ocean’s once it will react for that we did not able to survive. We are trying to make a ocean to get revenge to ourselves for what we did earlier. And the most important part is marine pollution has a profound impact on coastal communities. Because their day- to day lives is depending on this marine organisms like fish, prawns, tuna, etc. if we do the cause like this the living organisms of the marine will not be healthy as before for the cause of our actions, the marine water becomes poison also the marine organisms become a poison, then who consume sea food is led to cause dead, after that none of the people will eat sea foods. It will definitely affect the coastal communities enormously. Their job is like fishing fishes, prawns etc., and sell them to the people for a suitable amount. And also the stall owners who are start a small shops in front of the ocean their day-to-day lives are based on the earnings of those shops. By the marine pollution they also have to suffer a lot. So most of the poor people’s everyday life is depending on this oceans if we still cause the pollution like this that will affect them very badly and they did not able to find another job promptly for lead a happy life. If we want to do something for them we have to do one thing that is not cause those pollution related to the marine organisms or any sector in this world
EXISTED INTERNATIONAL LEGAL FRAMEWORKS
The protection of the marine environment is governed by the comprehensive framework of International treaties, conventions and soft law instruments aimed at preventing pollution and ensuring sustainable use of ocean resources.
UNITED NATIONS CONVENTIONS ON THE LAW OF THE SEA – 1982
PART XII OF THE UNCLOS
Protection and preservation of the marine environment
Article – 192 – General obligation
“States have the obligation to protect and measure the marine environment” this is the core principle of UNCLOS. It establishes a binding duty on all States coastal, flag and port states. It creates a universal legal duty and forms the basis for state responsibility.
Article –194 Measures to prevent, reduce and control pollution
This article requires states to take all necessary measures to control pollution from land based sources, vessels, seabed activities, dumping. It introduces the precautionary and preventive approach. And it converts the general obligation into specific action based duties.
Article – 195 No transfer of damage
This article prohibits states from transferring pollution or environmental damage from one area to another. It prevents states from shifting pollution problems instead of solving them.
Article – 197International cooperation
This article mandates states to co-operate globally and regionally to protect the marine environment. And also this article recognizes marine pollution as a trans boundary global issue.
Article – 204- 206 Monitoring and environmental impact assessment
This article emphasis states must monitor marine pollution risks and conduct Environment Impact Assessment (EIA’S). It supports scientific decision making and transparency.
Article – 207 – 212 Sources of pollution
This article covers all pollution causes,
Land based activities (Art –208)
Seabed activities (Art –208 – 209)
Dumping (Art – 210)
Vessels (211)
Atmosphere (Art – 212)
They cover all possible sources of marine pollution, making UNCLOS comprehensive.
Article –235 Responsibility and liability
States are responsible for fulfilling their obligations and must provide compensation for damage caused. Forms the legal foundation for enforcement and remedies.
INTERNATIONAL CONVENTION FOR THE PROTECTION OF POLLUTION FROM SHIPS – 1973/ 78
Article –1 General obligations
States parties undertake to give full effect to the convention and it’s annexes to prevent pollution of the marine environment by ships. This article creates the binding duty on States to implement and enforce MARPOL standards.
Article – 2 Definitions
This article defines key terms such as ship, harmful substance, discharge, incident and marine environment. This article ensures uniform interpretation across all States and prevents legal ambiguity.
Article – 3Application
This article applies to ships flying the flag of a state party. Ships operating under the authority of a state party. And this article extends MARPOL obligations beyond territorial water and ensures International applicability.
Article – 4 Violations
Any violation of MARPOL requirement is prohibited and must be punished under National law.
Establishes the offence framework for ships Source pollution.
Article – 5 Certificates and specific rules
This article ensures ships must carry valid pollution prevention certificate. And foreign ships can be inspected in ports. This article strengthens inspection, compliance and enforcement even against foreign vessels.
Article – 6 Detection of violations and enforcement
This article allows flag state enforcement, port state enforcement, coastal enforcement and this article forms the enforcement backbone of MARPOL.
Article – 7 Undue delay incidents
This article ensure inspections must not cause unnecessary delay if ships and also balances environmental protection with maritime trade.
Article – 8 Reports on incidents
This article ensures ships must report pollution incidents involving harmful substances and also promotes transparency and early response to marine pollution.
Article -9other treaties and interpretation
This article ensures MARPOL dies not conflict with existing International Law, especially UNCLOS and also maintain marine law.
Annexes of MARPOL
Annex-1 Oil pollution
Controls oil discharge, oil record books, and oil pollution prevention equipment.
Annes-2 Noxious liquid substances
Regulates chemicals pollution from tankers.
Annex- 3 Harmful substances in packages form
Controls pollution from packed dangerous foods.
Annex-4 Sewage pollution
Regulates sewage discharge from ships.
Annex-5 Garbage pollution
Prohibits plastic discharge into the sea.
Annex-6 Air pollution from ships
Controls Sulphur oxides, nitrogen oxides, and greenhouse gas emissions.
And most importantly London convention 1972 and London protocol and convention on biological diversity also exited.
CHALLENGES AND ENFORCEMENT GAPS
Despite the existence of international conventions such as UNCLOS and MARPOL effective enforcement of marine pollution laws remains weak at the global level. A major challenges lies in the principle of state sovereignty, which was restricts International intervention and places primary responsibility on domestic authorities. Many States lack the technical and financial capacity to monitor vast oceans areas, resulting in inadequate surveillance and compliance. The practice of flags of convenience further undermines enforcement, allowing vessels to operate under jurisdiction with minimal regulatory oversight. Additionally most international agreement rely on cooperative compliance rather than punitive sanctions leading to limited accountability for polluters. Trans boundary pollution compliance attribution of responsibility as identifying the source of pollution is often difficult. Despite resolution mechanisms under UNCLOS are underutilized due to political sensitivities and procedural delays. Consequently enforcement remains fragmented and reactive, highlighting the need for stronger International cooperation binding compliance mechanisms and enhanced monitoring systems.
CASE LAWS RELATING TO MARINE POLLUTION
Mox plant case (Ireland vs. UK 2001- 2003)
The MOX plant case arose from a dispute between Ireland and United Kingdom concerning the operation of a Mixed Exide Fuel (MOX) nuclear reprocessing plant at Sellafield, UK. Ireland alleged that the operation of the plant posed a serious risk of radioactive pollution to the Irish Sea. Threatening the marine environment and public health. The International Tribunal for the Law of the Sea (ITLOS) ordered provisional measures emphasizing:
The duty of states to cooperate
The obligation to exchange information
The importance of the precaution in activities posing environmental issues. Although the case was later stayed and settled through EU legal mechanisms the tribunal observations remain significant. The MOX case is landmark decision demonstrating that even potential risk of marine pollution can trigger International legal obligations, making it highly relevant to global marine environmental governance.
SOUTHERN BLUEFIN TUNA CASE
(NEW ZEALAND AND AUSTRALIA VS. JAPAN – 1999)
The southern Bluefin Tuna cases arose when japan initiated a unilateral experimental fishing programme that increased tuna catches despite scientific evidence of declining stocks. Australia and New Zealand challenged Japan’s actions, arguing that they threatened marine biodiversity and violated obligations under UNCLOS. The dispute was brought before the International Tribunal for the Law of the Sea (ITLOS). The tribunal ordered provisional measures, Directing the parties to refrain from negotiation. ITLOS emphasized the precautionary principle and the duty of States to cooperate in conserving shared remain significant for strengthening marine environmental protection under International Law.
RECOMMENDATIONS OF THE AUTHOR
To effectively address marine pollution, the International legal framework must be strengthened through stricter enforcement of existing conventions such as UNCLOS and MARPOL. States should adopt binding compliance mechanisms, enhance port state control, and regulate flags of convenience to ensure accountability for shop – source pollution. Mandatory environmental impact assessment and transparent information sharing should be enforced for activities posing Trans boundary marine risks. Greater International Cooperation supported by technology transfer and capacity building for developing states is essential. Finally recognize marine pollution as a human rights concern can help ensure protection of coastal communities and promote sustainable use if marine resources.
CONCLUSION
In the end this article to prevent those marine pollution at global level. The first step toward the process is spreading the awareness to the people at global level. We have to conduct a sessions and webinars to spread the awareness and connect with people. Then make the laws much stricter and then the marine pollution will not happen again. We have to address this issue immediately because the important benefit of the ocean is export between states. If we did not address this issue than the export transaction between states will be affected. So we have to take the action immediately to prevent this issue.
“The fate of the oceans will be decided not by their vastness, but by the strength of the laws we choose to enforce today”
