Marine Pollution Prevention - Assignment Example

PREVENTION OF MARINE POLLUTION FROM SHIPS: POLICY CHALLENGES by submission Overview of Marine Pollution The continuous pollution of the human habitat has become a central contemporary issue in many parts of the world. Major constituents of the habitat are soil, air and water. Water constitutes the biggest portion of the planet, with approximately two-thirds of the planet being covered with water. Water, therefore, plays a fundamental role in the maintenance of the environmental balance of the planet. Environmental conservation and human activities have always been in a collision course, since the early ages of civilization (Smith 1968). The sea has been useful to humans in a variety of ways, from recreation, trade, industry, commerce, and other global activities that have become the norm. Therefore, human beings have put the oceans to various uses in the past, and the same trends are expected to be sustained in the future. However, the beaches have suffered significant ecological damage from these activities, some considered intentional and others by sheer misfortune. The following table shows the numbers of studies done in respective locations concerning the level and the severity of contamination of the pollutants assessed. Heavy Metals pollutants features heavily in the number of the analyses done, signifying high levels of Heavy Metals pollutants in the oceans. Pollutant NA SA NP SP NI SI Global Ocean Acidification 0 0 0 0 0 0 0 CO2 and SO2 from Ships 0 0 0 0 0 0 0 Atm. N 13 7 7 2 2 2 6 Atm. Fe. P. Co 22 11 10 3 3 2 8 Atm. Zn 10 4 2 2 2 1 0 Debris 3 3 7 3 2 3 11 Heavy Metals 28 13 10 3 1 2 8 VOC’s 7 2 6 3 7 5 8 Oil Spills 2 1 1 1 1 1 4 PAH 2 1 1 1 1 1 4 Shipwrecks 1 1 1 3 1 1 1 Source: UNESCO VOC’s – Atmospheric Volatile Organic Compounds, Atm. N – Atmospheric Nutrients, NA – North Atlantic Ocean, SA – South Atlantic Ocean, NP – North Pacific Ocean, SP – South Pacific Ocean, SI – South Indian Ocean, NI – North Indian Ocean. Contaminated water is a vital resource to the ecological balance in the world. This is because water contains life-giving elements that are essential to the globes bio network. Water bodies have also been used as pathways for trade for many years. In other regions in the world, these waterways are the only available means of transport. In some parts of the globe, water bodies have been so polluted that bio network systems and the wellbeing of plants and animals alike have been put at risk. Polluted waters additionally inhibit the development of trade and commerce as water pollution kills off much fish, which is a primary means of earning a living in some areas in the world (Antelo et al. 2012). Pollution has also managed to damage some trade waters especially the coast of India and Malaysia. Seawater contamination can cause numerous various problems. The origin and pervasion of serious ailments to animals and people can be caused by seawater contamination. In other parts of the world, individuals only have one source of clean water. Polluting this water may cause many troubles since these individuals do not have other means of accessing clean water. Polluted waters also contaminate the marine life living in them. Fishing earns some nations a lot of income and in some areas acts as the only source of living. Fish living in these waters may cause direct harm to these people, even without their knowledge. Pollution within our seas emanates from various sources, most notably waste products from our industries, and oil. Waste Disposal According to Oceans and the environment (2014), waste disposal in our oceans is considered the biggest contributor to water pollution in the world today. Waste products are usually separated into two main categories, i.e. Industrial waste products and household waste products. Household waste products comprise household dirt and sewage elements, processed food wastes, detergents, and pesticides, which run-off from agricultural fields. Industrial wastes consist of dangerous nuclides, heavy metals, mineral chemicals and contaminated heated water. The amount and multiplicity of industrial wastes discharged by factories are terrific. For instance, the American industries discard approximately 8 million auto wastes, 25 tons of industrial waste paper and 30 billion jars and bottles. Most of this industrial waste is made of polyethylene compounds and aluminium (Moore and Phillips 2011). These companies dump a lot of this industrial waste into high seas. According to the Geological Society of American Bulleting (2010), American mining companies get rid of more than 4 billion tons of unwanted rock and milling tail. Annual official estimates from environmental analysts argue that an estimated figure of 60 trillion gallons of waste contaminated hot water used in cooling reaches the American rivers. In addition, a similar number of contaminated biochemical toxins from industrial plants find their way into the American rivers. Other land-based pollution agents comprise of chlorinated hydrocarbons and pesticides. Chemicals such as DDT are said to contribute heavily to sea pollution in the world. The washed off pesticides used intensively in large-scale agricultural production of crops enters the aquatic environment through water overflow. It is assessed that rains and high winds wash off approximately a third of all the pesticides used in cultivated lands. Studies have shown traces of the chemical DDT in penguins in certain regions of the Antarctic. Dumping of waste products into water bodies appears to be more devastating as it directly contaminates the water and the marine life living in aquatic environments. Oil Spills Oil spills involve the discharge of liquid petroleum pollutants into the atmosphere. The term is commonly used in reference to the release of petroleum hydrocarbons in marine environments because of human actions. Human activities associated with marine oil spillage include submarine oil leakages, oil transportation activities, offshore drilling expeditions and cruise ships that churn out ballast containers. Discharged oil develops slicks that hover on the water surface. Millions of miniatures Phytoplanktons, which are marine beings that act as ecological blotters, absorb these tiny round particles. This Phytoplanktons are the major elements in the marine food chain as numerous living organisms in the sea feed on them (Safina 2011). Contaminated marine organisms ultimately harm human beings as they feed on bigger marine living animals. In addition, oil spills damage the recreational potential of many tourist destinations in the coastal areas of affected areas. The following are notable oil spills that contaminated marine systems. The Exxon Valdez Oil Disaster Source: www.cnn.com In the month of March 1989, a massive oil transporter smashed a reef in the region of the Prince W. Sound, discarding approximately 10 million barrels of oil into the coastal waters. Prince William Sound region is an island located in the south coastal waters of the state of Alaska. The region is a habitat for one of Americas highest concentrations of wild animals and birds. Prince William Sound is also a habitat for high levels of fish and acts as a source of living for the locals living in the region (Lubick 2010). It also acts on a pathway for oil transporters delivering oil to users of the many other American states located in the south. The tanker accident sparked off a scuffle between the Exxon Company and the native residents of the state of Alaska. According to Benoit (2011), arguments involved the culpability for the mishap and the prospects for the islands and the bigger countrys oil transference and spill preparedness. Exxon Company spearheaded the clean-up processes, deploying over 10,000 personnel in the summer time, spending in excess of 2 billion dollars. Marine rehabilitation centres were set up while herring and salmon fish centres were quarantined and strictly assessed. It is still not yet known the damage caused by the spill on the marine environment. Arguments surfaced in respect to the conduct of the Exxon response team and the captain of the tanker. It is reported in Epidemiology Journal (p 209) that the captain of the ship delayed for a couple of minutes to call for help after crashing against the reef. Clean-up crew arrived ten hours late only to find that the tanker had already released approximately 10 million barrels into the water. The spill had spread everywhere, causing travail and loss of fish and birds. The company has since been ordered to compensate the local fishermen, and the communities affected. Shetland Oil Spill In 1993, January, an oil tanker ran ashore off the Scottish Islands of Shetland in the UK. Oil discarded from the tanker leaked into the surrounding waters threatening the marine life within the region (Nicholson 2001). Shetland Islands are home to seals, salmons and other living species of aquatic animals. The following is a caption of the devastation of the oil spill. Source: www.wunderground.com Trade within the Shetland area had to be put off for some time. Fortunately, lumpy sea wave movements stopped an oil slick from forming on the surfaces of the water and the oil spill stopped swiftly. Immediately after the accident was reported, the British government immediately dispatched planes with chemical dispersants to spread over the areas affected by the spill (Moore & Phillips 2011). The swift response minimized the effects of the spill to a bare minimum and significantly reduced the latent destruction to the waters around the island. The British government has re-examined its policies and recognized the importance of its water bodies and their surroundings after the spill. Regulations Addressing Marine Pollution United Nations Convention on Law of the Sea UNCLOS (United Nations Convention on Law of the Sea), enacted and ratified in 1982, is the broadest and all-inclusive effort at constructing a unified body for governing the various rights of countries in relation to the global oceans. UNCLOS is a global treaty that deals with nations navigational privileges, economic opportunities, sea pollution, marine life conservation, technical explorations and many other fundamental issues (Kirchner 2003). In regard to protecting marine life, Article 195 of UNCLOS calls for countries to prevent and regulate contamination of the marine ecosystem. The same article additionally prohibits countries from moving contaminated material to another country, either openly or indirectly or from transforming one form of contamination into another. UNCLOS Article 210 explicitly talks about the subject of dumping materials in the sea. Article 210 requires countries to ratify their laws on the issue, and the requirements specific to each country need to be as strong and effective as the global guidelines. Coastal countries are acknowledged as the only powers allowed to exclusively giving authority of any dumping actions within their territorial waters (Kirchner 2003). These nations sanctioning dumping activities within their territorial waters are obligated to offer considerations as to how other countries may be negatively affected by discarding activities in regions ruled by the local states. International Maritime Organization IMO (International Maritime Organization) is a UN body tasked with the responsibility of ensuring safety and security of ships and the deterrence of marine contamination by ships. IMO implemented MARPOL rules and guidelines in 1973. MARPOL contained the International Convention for the Prevention of Pollution from Ships guidelines. The charter deals with contamination from ships specifically by oil spills. It additionally addresses contamination of the marine environment through assessing sewage, refuse and the deterrence of air pollution from ships (International Maritime Organization (IMO) Operations and Publications 1993). The marine environmental protection body has successfully contributed to the overwhelming reduction of maritime pollution and sea contamination through international activities. Other similar environmental agreements deal with anti-fouling structures employed by ships, the transmission of strange items by ships ballast water in addition to ecologically sound reprocessing of ships. Decreases of contaminations emanating from ships have been attained by addressing methodological, operating and human elements, and a great stride has been made in comparison to the growth of the maritime industry. IMO is continually developing hands-on approach to improving application and implementation of all the UN member states. Policy Implementation, Challenges and Solutions In the year 1990, the United States approved the OPA 90 in reaction to the Exxon Valdez accident near the Alaskan coast that took place in mid-1989 (Marine Pollution Bulletin 1992). The OPA 90 became the initial regulation that demanded double exterior bodies on oil tankers so as to avert the leakages of oil in cases of a crash. The IMO implemented adjustments to MARPOL 73/78 in in the year 1992 that for instance obligated all new oil transporters of 580 dwt and beyond to be fitted with paired sides or dual bottoms and transporters of 5,500 dwt and above to contain both dual bottom and duple sides. The Erika mishap near the French shores trembled the European Union and a stringent directive, in contrast with the MARPOL, on twin body oil transporters was implemented. The 2002 Prestige calamity further impelled the European Union to stress on the IMO to apply similar speeded phase out systems of single bodied oil transporters as the European Union had previously implemented. The scenario became a conflict amongst the EU and the IMO on the authoritative mandate to avert marine contamination by doing away with single bodied tankers. The European Union ruling on ship-source contamination introduced in the year 2005 in the wake of the sinking of the Prestige enforced numerous fresh legislations for European Union (EU) member states. The regulations are directly related to UNCLOS regulations for contamination control. The EU order restricted the powers of some of the omissions to accountability contained in MARPOL, with a subsequent extension of possible accountability to additional parties outside those contained in MARPOL (Treves 2013). The EU ruling in other instances removed the important difference between unintentional and intentional discharges. The EU ruling was contested in the English High Court of Justice, which successfully allowed the matter to be deliberated upon by the ECJ (European Court of Justice). ECJ in its ruling argued that the matter could not be deliberated upon in reference to compatibility, citing that EU was not a party to MARPOL, and, therefore, could not be subjected to its regulations (Treves 2013). EU was therefore allowed to proceed with its implementation. The courts ruling raised numerous problems such as the place of the EU affiliate states that are a party to MARPOL. The consequences for the evenness of the global legal system, in a sector that depends primarily on stability and uniformity across different authorities, are worrying. The range and administration of criminal accountability and responsibility, with its effects on seafarers, is left to undefined submissions in individual national courts. Additionally, should there be disagreements between MARPOL and the order from the EU, are European Union member states expected to relinquish the former, therefore undermining an operative and time-honoured world pollution administrative body? Should we expect other regional blocks to follow in the direction of the EU policies and directives? In addressing these issues, administrative heads of these regional blocks together with the bodies mandated to safeguard the marine environment should have a consensus and address them. The common underlying factor should be the protection of marine ecological systems. In addition, member states should use the global forums such as the EU and UN summits on environmental conservation to address these issues conclusively. Even though the Law has changed significantly and especially the punitive damages that the international courts apply when spills happen, the main change should be in the attitudes of the stakeholders involved, who ought to exercise caution when dealing with materials that can cause environmental harm, and especially marine pollution because the damages are irreversible. Bibliography Antelo, L., Lopes, C., Franco-Uría, A. and Alonso, A. (2012). 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