Montreal Protocol, United Nations Convention on the Law of the Sea, and the International Maritime Organization - Assignment Example

INTERNATIONAL ENVIRONMENTAL POLICY Montreal Protocol, discuss the following: a. Issue(s) being addressed by the protocol. Montreal protocol is an international agreement on the issue of the increasing rate of climatic change arising from the ozone layer depletion. The central agenda in this protocol was to sign a binding contract on how some member states who are developed can reduce emission of Ozone depletion substances (ODS) by cutting down of production of organic materials like chlorofluorocarbons (United Nations Environment Programme,2006). This is a significant environmental issue that has raised debate across the country and the increasing use of technology by the developed nations is one of the major threats that prompted the signing of the Montreal protocol. The agreement also sought to tighten the ban on trading some substances like methyl due to its great contribution to the ozone depletion with dire climatic consequences on Earth. b. Implementation schedule. Since 1987 when this protocol was observed after the Vienna convention, there has been a series of meetings among the parties and there is as steady implementation and amendment of some of the policies. The initial meeting was meant to address the mode of mitigating the emission of ozone depletion substances with particular focus to the chlorofluorocarbon compounds (Reitze, 2001). Further meetings have been occasioned by assessment of the implementation process with the last meeting of the open-ended working group emphasizes the strict adherence to the protocol rules and regulations which is now backed up by licensing of various manufacturers and their nations on the limit of the producing the specified ozone depletion process (United Nations Environment Programme,2006). Implementation schedule was spread over years that spans from the protocol’s inception to 2013. c. Number of participants and the reasons for the level of participation. The Protocol currently has 197 parties who are assigned various legal obligations to undertake. The members participation is determined by the economic status since this highly gives the estimated volume of industrial production which in turn explains the production of ODS (Reitze, 2001). The developed member states have been found to be the major polluters as compared to the less developed countries and this explains why their participation is more of concern. The developing countries are most involved in promoting environmental care campaign in their respective nations. d. Compare the success of the Montreal Protocol to that of the Kyoto Protocol and address the reasons for any differences in terms of National Interests of those that elected to participate and those that have not. The two protocols have a common denominator in the form of reducing the exponential rate of ozone layer depletion emissions. It is worth to note that US has been at the center stage as the global economic powerhouse in respect to the control of this climate menace issue. On the basis of cost benefit analysis US realized that it has more to lose from Kyoto protocol and therefore vehemently opposed it. On the other hand Montreal protocol was seen to be relatively friendly and proved to be acceptable by many countries. One of the issues that dogged Kyoto protocol was its monetary compensation mechanism which did not go down well with US and other nations. The conflicting interests of various participants arose from the cost/benefit analysis of the monetary consideration of Kyoto protocol against the licensing of Montreal protocol (Oberthür & Ott, 1999). On aggregate many participants promoted adoption of Montreal protocol as being effective and economical to implement. 2. United Nations Convention on the Law of the Sea (UNCLOS): a. Discuss the issue of “Property Rights” as it relates to UNCOLS The United Nations Convention on the Law of the Sea (UNCLOS) provides a legal framework that empowers various countries bordering sees and oceans on how to manage them (Sands, 2003). It is important to underline the concept of natural human heritage in respect of all the resources in such waters. A property right is an exclusive legal authority vested with a given nation to own and manage all the resources within the waters which falls within their jurisdiction. It is important to note that this procedure must always be carried out in regard to the international legal policies designed by the United Nations and this is particularly focusing on the environment measures towards these seas. b. Discuss the significance of the Outer Continental Shelf and how it is addressed in UNCLOS. This is actually 200 nautical miles away from the sea coast of a given state. The state has quasi-legal authority in respect to the exploitation of various resources within this limit. The significance of the outer continental shelf is realized in the environmental protection it accords. According to the UNCLOS, any planned economic exploitation of the resources within the outer continental shelf comes with some monetary compensation so that the extent of undertaking this action is regulated hence preserving the marine life and the sea resources towards achievement of sustained environmental care (Sands, 2003). The definition of this area of the sea clearly indicates that it is not expressly own by the state adjacent to the sea shore hence promoting regulatory intervention of the United Nation through its environmental agency in UNEP. c. Discuss issues relating to the “Sea Bed” and how they may be addressed in UNCLOS. The seabed constitutes various minerals, marine living organisms and non-living things that are below the sea water. The issues that are important about the seabed are mostly focused on the legal right of exploiting or exploring the resources that constitutes the seabed. The UNCLOS has legal provisions that place limit of exploiting the resources in the sea bed so that marine life can be saved and non-renewable economic resources are not depleted (Kwiatkowska & Netherlands Institute for the Law of the Sea, 1987). In so doing it would be in line with the global efforts to conserve the marine life and other non-living sea bed constituents. More stringent rules need to be enacted and enforced in response to the uncensored action of some states in their attempt to exploit the resources within the sea bed. d. List and discuss the options under UNCLOS for the settlement of disputes. Various methods may be applied in settling the disputes regarding to seas .These include; judicial settlement, optional arbitration, mandatory arbitration, mandatory conciliation, optional conciliation, mediation and judicial settlement. Arbitration is done by a tribunal that is set up by the UNCLOS to resolve a dispute between warring parties (Kwiatkowska & Netherlands Institute for the Law of the Sea, 1987) . Judicial option is presided over by an international judicial body on such disputes where other methods have failed. Mediation is one of the best out of court dispute settlement method that the UNCLOS committee has in place to promote diplomatic relations between the party nations to a given dispute. It is imperative that the role of conciliation which is overseen by appointed quasi-judicial body is observed as it is also one of the more pronounced dispute resolution methods. 3. The International Maritime Organization (IMO) is a key organization in the development and implementation of various Conventions relating to maritime activities. Discuss the following: a. Membership categories in IMO. International Maritime Organization (IMO) is a very vital body regulating and overseeing various activities that are related to seafarers and shipping. Membership currently stands at 170 and three associate members (Moore, et at, 1999). It is important to note that membership is derived from the list of UN member states. This means that a non-UN member country cannot be admitted for membership to the IMO. In addition to the UN list –derived membership, there is the associate members which stands at three and that is Faroe Islands, Hong Kong and Macao. At the moment, membership category still stands at two mentioned above. b. Discuss if your developed (China) and developing (Saudi Arabia) countries are members of IMO and if so why is it in their national interest. If not, discuss why the country may have elected not to become a member. IMO has as very important role for all the nations irrespective of their stage of economic development. It is important to underscore the overriding significance of shipping as the best mode of transporting bulky goods. For a country like China, it exports a lot and therefore directly affected by maritime issues (Moore, et at, 1999) . On the other hand, developing nations are in grave demand for infrastructural input factor most of which need to be transported by sea. The increasing threat of sea crime is an economic cost to all the countries due to the widespread influence of globalization coupled with open economies. It is therefore almost important that most of the countries get engaged in the policy making for sound managerial issues. The significant linkage created by the sea transport is one of the oldest transport system and the emerging safety issues spares no country hence call for their involvement. c. Types of programs of the IMO IMO is currently engaged in a number of maritime programs that includes; safety, security, environmental awareness and the relationship with global climate change. The body has been working on formulating framework to oversee the upsurge of insecurity in the sea arising from piracy as this is a great economic and financial loss to the entire society (Nordquist & University of Virginia, 2012). It has also been amending some of the laws governing procedures and requirements of membership. The raging debate about the emission of greenhouse gases during shipment has also been tabled for consideration. In this respect, MO is developing strategies that would initiate scientific measures to cut on the carbon emission by the ships on transit. d. The areas covered by the International Convention for the Prevention of Pollution from Ships (MARPOL). MARPOL is an agency of IMO that deals with the issues of pollution caused by routine operation of the ships and accidents that may arise from the sea. It has been going through policy reconstructions in collaboration with the IMO on how to protect the marine life from the dangers of spilled oil substances, aerosol from ship exhausts and the accidental deposition of various harmful substances by seafarers (Warner,2009). It put strict regulation to the shipping companies on sound prevention measures that would mitigate such substantial disposal and emission of environmental hazardous substances. It is undertaking research on ways to reduce the pollution in line with the call for global climate menace. These conventions are to be enforced by various authorities. 4. Basel Convention on Control of Trans-Boundary Movement of Hazardous Waste: a. Examples of wastes regulated. This body has been playing a vital role in definition of the hazardous wastes that should be controlled against crossing over to other geographical boundaries among the nations. Some of the wastes under consideration by Basel convention include radioactive wastes which have significant environmental degradation effects besides harm to the human being. Organic wastes like plastic disposals, crude oil debris are all hazardous to the environment (Bergkamp, 2001). It is also worth to note the disposal of industrial plants’ exhaust wastes that may in some cases be taken to the water bodies like the ocean, seas and lakes. Other wastes include; incinerator ash, municipal solid refuse, Asbestos, chemical wastes and old tires. There is a general internationally acceptable procedure of such waste disposal and the punitive measures depending on the gravity of waste. b. Discuss three significant cases involving the trans-boundary shipment of hazardous wastes. There are various cases that involve illegal transportation of hazardous wastes to other countries. Between 2006 and 2008 there was illegal dumping of e-waste on Hong Kong from United States. This was made easier due to the strategic commercial role of Hong Kong as the gate way to mainland of China and its neighboring Asian economies. This was done through smuggling of such electronic waste materials under the guise of export shipment en route china. Investigations established that such waste materials had been shipped by manufacturers abroad to the mainland town of Guiya in Shantou. In such a case compensation and other legal implications were imposed against the culprits in line with the regulations of Basel Convention on Control of Trans-Boundary Movement of Hazardous Waste (Bergkamp, 2001). From this example it is important to underscore that illegal shipment of waste will lead to legal battle between the perpetrator and the aggrieved party. In some cases the harmful wastes that are classified as waste by another state are to be repatriated and the perpetrators prosecuted under the international relations conventions or the Basel conventions whichever one that comes first (Kummer,1999). This was the case of medical wastes that were exported from Japan to Philippines in 1999 under the guise of waste papers which were abandoned in Manila. In 2002 the United Kingdom was also held liable to adding used engine waste to the old tires in contravention to their agreement with Thailand. This was a case to be resolved by the Basel convention regulations. c. Discuss issues relating to ships meant for dismantling and if it is addressed in the Convention. The Basel convention takes into consideration bilateral or multilateral arrangements to dispose specific waste materials on the basis of compensation. However, it guards against cases where one party introduces another shipment which its content is not covered in the agreement and this amounts to legal liability (Kummer, 1999). The country takes the liability in the international face but deals with the individual corporation managements internally. d. Discuss whether or not your developed (China) and developing (Saudi Arabia) countries are participants in the Basel Convention on Control of Trans-Boundary Movement of Hazardous Waste. The increasing significance of climate change and health hazards call for involvement of most of the countries in implementation of various environmental care policies (Kummer, 1999). The developed countries like china need to be at the fore front since they are the mass manufacturers of various products worth enormous waste disposal. This therefore calls for their observance of the Basel convention. On the other hand, developing states like Saudi Arabia are at the brink of environmental degradation and health hazards from illegal uncensored disposal of wastes imported or internally generated by multinational corporations. It is therefore the responsibility of all nations irrespective of their stage of economic development to adopt the laws since climate change and health problem is a global matter. References Bergkamp, L. (2001). Liability and environment: Private and public law aspects of civil liability for environmental harm in an international context. The Hague [u.a.: Kluwer Law International. Kummer, K. (1999). International management of hazardous wastes: The Basel Convention and related legal rules. Oxford: Oxford Univ. Press. Kwiatkowska, B., & Netherlands Institute for the Law of the Sea. (1987). International organizations and the law of the sea: Documentary yearbook. London: Graham & Trotman. Moore, J. N., Nordquist, M. H., & Annual seminar. Center for Oceans Law and Policy. (1999). Current maritime issues and the international maritime organization. The Hague [u.a.: Nijhoff. Nordquist, M. H., & University of Virginia. (2012). The Law of the Sea Convention: US accession and globalization. Leiden: Martinus Nijhoff Publishers. Oberthür, S., & Ott, H. E. (1999). The Kyoto protocol: International climate policy for the 21st century : with 15 tables. Berlin [u.a.: Springer. Reitze, A. W. (2001). Air pollution control law: Compliance and enforcement. Washington, DC: Environmental Law Institute. Sands, P. (2003). Principles of international environmental law. Cambridge: Cambridge Univ. Press. United Nations Environment Programme. (2006). Handbook for the Montreal Protocol on Substances that Deplete the Ozone Layer. Nairobi, Kenya: Ozone Secretariat. Warner, R. (2009). Protecting the oceans beyond national jurisdiction: Strengthening the international law framework. Leiden: Martinus Nijhoff Publishers. Read More