Doctrine Related to Sea - Essay Example

Law of the Sea Introduction: Doctrine related to sea is a concept that came into existence in and after the seventeenth century1. Earlier to that the sea remained free of any law or regulation. The effects of pollution, as well as the huge stocks of fish leading to tensions among the coastal countries trying to preserve their own rights on them were causing threats to the seas. It was in the year 1967 that concerns significantly had arisen resulting from the disorders prevalent in the seas owing to greater technological advancements, multiplying uses and rivalry among nations for power that demanded for some stable measures. The United Nations Convention on the Law of the Sea was adopted in the year 1982 focusing on a constitution for the seas2. The different provisions of this convention included setting of limits, navigation rules, exclusive economic zones, continental shelf, deep seabed mining, the exploitation regime, prospects of technology, the issue of universal participation in the convention, pioneer investors, protection of the marine environment, marine scientific research, and settlement of disputes3. The present study focuses on the UN Convention on the Law of the Sea 1982 and discusses about the powers that the Convention provides to flag, port and coastal states trying to determine its effectiveness and appropriateness towards prevention, control and minimization of pollution and damage to the marine environment. UN Convention of the Law of the Sea: Article 94 Presenting Duties of the Flag State: According to the Article 94 of the convention, it was the duty of every State to implement authority and be in command of the managerial, procedural and communal matters in regard to the ships flying its flag4. A register of ships is required to be maintained in every State that contains the details of all the ships flying its flags excluding the ones that are not under the policies of international regulations5. While every State should follow their internal laws, they are supposed to execute significant control over the administration of the ship flying its flag as well as the masters, the crew and the officers associated with the ship6. The convention provides that every State has the responsibility to consider measures for safety in regard to the (a) the construction, equipment and seaworthiness of ships; (b) the manning of ships, labor conditions and the training of crews, taking into account the applicable international instruments; and (c) the use of signals, the maintenance of communications and the prevention of collisions7. The details of the ships flying its flag are required to be monitored and evaluated by qualified surveyors not only before the ships fly their flags but also at regular intervals once the ships have started. Charts, nautical publications and navigational equipment and instruments that are necessary for the purpose of navigation safety of the ship also need to be available8. Officers and masters in association of the ships should be suitably qualified in seamanship, routing, communications and marine engineering and that the crew members possess sufficient knowledge regarding the type, size, technology and equipment of the ship9. The convention also provides that the crew members as well as the officers and masters need to be acquainted well with the regulations as directed by the law for the safety of life at sea, the avoidance of collisions, the anticipation, diminution and power of marine pollution, and the maintenance of communications by radio10. For the implementation of the above mentioned measures, the convention also rules that every State should be familiar with the regulations, procedures and practices11 internationally stated and thus consider safety measures accordingly. A State has the provision of reporting to the flag State in case any irresponsibility or lack of proper control is observed by the State in relation to the ship flying its flag12. In case of any casualty or incident in navigation leading to loss of lives or in cases of serious injuries to individuals associated with the ship or serious damages caused to the ship, inquiry by qualified persons may be held by the States in charge of the ship where such incidents occur, and the flag State as well as the other State involved are supposed to support the conduct of such inquiry13. UN Convention on the Law of the Sea 1982- Powers Granted to Port States: The UN Convention on the Law of the Sea 1982 has also considered rules for the port States keeping in focus the prevention, control and minimization of pollution and damage to the marine environment14. Wide-ranging powers are provided to the port States such that in case of any violation of rule related to the limits of internal waters, the territorial seas and economic zones of the States, appropriate measures can be considered by the ports15. If any violation occurs in the State where the port is located then on request from the flag State, the port may issue policies for investigation to the incident. In this regard the jurisdiction of the port State of entry of the vessel has been conceptualized. As far as this jurisdiction is concerned, particular permit might be required for any vessel that wants to enter the port, as supported by the law. However this jurisdiction not being accepted by several entrustments at the diplomatic conference in London in the year 1973, the Convention for Prevention of Pollution of the Sea from Ships had been considered for adoption16. However with increase in international navigation accompanied by development and advancement in the technology and science17, there have been concerns on two particular global issues- one being the issue of safety and the other being the problem of pollution incurred from the process of navigation. It has been obtained that although several treaties have been considered for these issues, yet the number of losses of lives has increased over the years accompanied by rise in the level of pollution in the marine environment. Thus these issues have been considered significantly in the present times leading to the need for greater control and compliance with rules dictated by the laws. The focus is to reduce the use of ships that are of poor quality, and the vessels that do not meet the requirements set by the law18. With intentions of an enhanced and coordinated control of system a Memorandum of Understanding was signed by the maritime authorities of the Common Market countries along with Portugal, Finland, Sweden, and Norway initiating restrictions and control over merchant ships arriving from abroad. Before they are allowed to enter the ports, their compliances with the rules of the law, and thus ensuring safety as well as protection of marine environment is strictly considered. Thus verification of all documents and information related to a ship has become compulsory and in case of any non-compliance that might indicate risks for lives and environment the port-State can take measures to abolish the risks before the ship is left to be out in the sea19. UN Convention of the Law of the Sea: Rights and Obligations to the Coastal States: The UN Convention of the Law of the Sea 1982 provides certain rights and obligations to the coastal States that allow them to set different zones for the sea- territorial sea and exclusive economic zone (EEZ). In case of territorial sea, the coastal States have the rights to broaden their control up to 12 nautical miles further than its land territory and internal waters20. Coastal States are allowed to disseminate rules and policies related to various issues that include the “safety of navigation; protection of cables and pipelines; conservation living resources and prevention of infringements of fisheries laws; the preservation of the environment and the prevention, reduction, and control of marine pollution; marine scientific research; and the prevention of infringements of customer, fiscal, immigration, and sanitary laws”21. Rights have been provided to Archipelagic States such that they can create baselines in order to join the islands that are located at the farthest with the drying reefs of the archipelago22. Archipelagic States are obliged to follow the rules and policies that are agreed upon them with the other States in regard to compliance with the law for the safety and protection of the sea and human lives. When a belt of sea is found to be adjacent to the territorial seas, the coastal States have the rights to decide on the prevention and penalty measures associated with “infringement of customs, fiscal, immigration, and sanitary laws in its territory or territorial sea”23. Claims by coastal States within a range of its 200-nautical miles of the EEZ, which are measured from the territorial sea baselines, are legitimized by the rules of the convention24. These claims are meant for exploration, exploitation, conservation, and management of natural resources25. Depending on the available rights, the coastal States are allowed to consider measures to ensure the conservation and proper management of the resources, optimally utilize the resources available, include measures of arrest, inspection, boarding, and judicial proceedings as per the requirements involved with law compliances26. Coastal States also have the rights to employ control over the continental shelf, which “comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the “natural prolongation” of its land territory to the outer edge of the continental margin, or to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, where the outer edge of the continental margin does not extend up to that distance” and thus conduct survey and utilize its natural resources27. The parts of the seas that are not covered under the territorial seas, the EEZ or the internal waters constitute the high seas that according to the convention remain open to all States allowing them to navigate, plan constructions or perform other activities like fishing28. The UN Convention of the Law of the Sea: Prevention, Control and Minimization of Pollution and Damage to the Marine Environment from Powers Granted to Flags, Ports and Coastal States: From the above sections of the study, it can be reflected that the UN Convention of the Law of the Sea had been considered over the years with the safety of human lives and the protection of the marine environment by preventing pollution. Part XII of the convention constitutes a special part of the law that is concerned with the protection and preservation of the marine environment and was included in the plan while preparation of the Third UN Conference was going on. The most important obligation of this part was to protect the marine environment from the rising levels of marine pollution. The 1982 Convention clearly states that all States are responsible and should sincerely consider the measures required in achieving the above mentioned objectives29. The powers that have been granted to the flags, ports as well as the coastal States under rights and obligations can be understood to have significant concerns of the UN Convention to bring safety of human lives and prevention of pollution thereby demanding for effective measures30. According to the laws of the convention, the States have the powers that they need to utilize optimally towards considering positive measures as well take judicial steps when required against vessels or States not complying with the policies of the Convention. It can be analyzed from these efforts on the part of the Convention that the powers that have been granted to the flags, ports or coastal States if properly and optimally utilized depending on the need of a particular State, should enable the safety of human lives as well as protection of the marine environment from the hazards of pollution. Recording of all necessary documents and information regarding any vessel, checking before a ship is allowed to enter a port or is allowed in the sea, making optimal use of the available resources and following the rules stated in the Convention sincerely can be said to be appropriate for the protection and prevention purposes. However, whether individuals consider their responsibilities and whether States perform cooperatively towards the common objectives may cause a doubt. If that can be achieved successfully, then the powers granted by the UN Convention of the Law of the Sea would prove to be suitable for protection and prevention purposes as granted to the flags, ports and coastal areas. Conclusion: The study has been based on the UN Convention of the Law of the Sea and its powers granted to flag, port and coastal areas have been discussed. This has provided with the understanding of the rules and responsibilities that the Convention has set for different States and their flags, ports as well as coastal regions. All powers granted reflect on the sincere effort that the Convention has been focused on to initiate the safety of human lives as well as prevent the marine environment from the harmful effects of pollution. Accordingly, the rules have been decided that gives powers to flags, ports and coastal areas to consider the significant measures that they find suitable for the common purposes as well as indulge in judicial proceedings in cases of non-compliances. To conclude the study, it can be said that the powers granted to the flags, ports and coastal areas by the UN Convention of the Law of the Sea 1982 are suitable and appropriate for the safety of human lives and prevention of pollution, provided the States and the authorities consider their responsibilities sincerely and accordingly perform their roles utilizing the available resources optimally and effectively. References 1) Chapter 2- Legal Aspects of MCS (n.d.), FAO, available at: http://www.fao.org/DOCREP/005/Y4411E/y4411e04.htm (accessed on March 19, 2012) 2) Fernandez, G.L.G. 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