The Role of International Laws and Treaties in Petroleum Pollution in International Waters - Literature review Example

Nicholas P. Chereminisinoff and Paul Rosenfeld Chosen Journal: Journal for Hazardous Materials (2009) Vol. 1 Serial Number: ISBN 13: 978-0-8155-2035-1 Topic: Petroleum Pollution in International Waters: The Role of International Laws and Treaties Petroleum pollution in international waters, most of which are oils spilt by tankers, is a catastrophe destroying marine biodiversity which necessitate serious enforcement of preventive and punitive policies to ensure marine protection and sustainability. This review focus on petroleum pollution discussed in “Best Practices in the Petroleum Industry” published in Journal of Hazardous Materials and will explore the imperatives of international laws and treaties as legal framework in preventing and mitigating oil spill catastrophe. To achieve this end, reviewer will concisely and critically discuss the literature’s structure, contents and evaluate if international laws are appreciated in resolving petroleum pollution cases in high seas. Content: Preventing Oil Spill thru Standards Authors of this literature are Nicholas P. Chereminisinoff and Paul Rosenfeld. They are chemical engineer and environmental chemist respectively with expertise on environmental pollution prevention and ecological restoration programs. Chereminisinoff and Rosenfeld aimed to share high impact contribution on pollution control processes by probing into petroleum industry to document best management practices and models, cleaner production of technologies and pollution prevention practices. This is clearly depicted in the title of the journal Pollution Prevention and Cleaner Industry: Best Practices in Petroleum Industry. Structurally, the literatures have no Abstract section but concise topic and themes where explicated in the Preface Section. Authors detailed prevention of oil spill in six chapters, all of which had separate introduction, body and conclusion. Each chapter has proper author referencing to corroborate studies and they prescribed other references for further reading too. The document is sufficient of originality for journals, logically concluded with illustration and can be summarized without sacrifice to content. Authors indicated in introduction their serious concern on petroleum pollution in both land, air and high seas citing impact to industries, corporation and vessel owners that are supposedly boxed by policies on standard quality control (applied to oil extraction industry), corporation laws, maritime laws, insurance and environmental policies. Petroleum pollution’s devastating impact to ecosystem were all pointed in the introduction citing issues on protection, compliance to regulations, toxic management, performance audit, and the like. Thus, authors at the outset asserted that corporations engaged in the extraction and distribution of petroleum across continents should have transparent Environmental Aspects in accordance to internationally ISO standards for standard quality control to prevent disasters and environmental destructions. They urged corporate entities to strictly adhere to regulations by exercising strategic corporate planning, standard operational system, environmental protection standards, risk management, regular performance appraisal and thorough environmental impact assessments. As hypothetical assertion, they argued that corporation should not just generate revenue but must include pollution prevention for cost –efficiency, especially that oil extraction and distribution is a capital intensive venture. Authors manifested that they disfavored extractive industry’s productivity at the expense of environment and public safety. On methodology, authors did not expressly stated how data collection was done but their handbook clearly depicted the use of mixed qualitative and quantitative research studies that absorbed empirical facts which covered (a) comprehensive narration about petroleum industry, quality standards required in its facilities and operations and about quality performance sought in accordance to legal and moral standards expected of oil extractive industry; (b) phenomenological citations of three specific petroleum pollutions discussed in Chapters 2, 3 and 4 that pointed tragic impacts to environment, humans health and to policies; (c) quantitative computations to come up with tolerable emissions from companies refineries with specific examples of bad practices on intentional omission and dereliction of duties of management and workers; and (d) citations of best practices of total quality control to prevent environmental destructions. All these are backed with pictures, illustrations, descriptions of equipments and with detailed explanations on measurements. Petroleum pollution in international waters was particularly elucidated in Chapters 3 and 4. Chapter 3 discussed how oil and gas were massively released within 800 miles sq. miles of the ocean bed after pipe extraction caused extreme pressure which resulted to eventual rapture of oil hole and cracking of sea beds. Coastlines covering 35 miles were oil contaminated and spread into neighboring islands which held the Union of Oil of California and US Geological Survey accountable of the incident. The accident disturbed marine resource, eco-tourism, coastal residential areas and local economy. Class law suit drained the oil company of roughly $18 million worth of damages. Authors discussed how crude oil on ocean floor affected marine biodiversity as toxic substances underwent process of dissolution, oxidation, sedimentation, and emulsification. The rest of the floating oil mutate in all affected beaches. This case is similar to incidents when typhoons hit or there’s incidental collision of tankers or when vessels ran aground due to human error, like the case of Exxon Valdez oil spill discussed in Chapter 4. Spilt oil affect fishes, tuna, whales, seaweeds, otters, seals, bird sanctuaries, and extinct species were poisoned with petroleum. Marine biologists also suspected that oil spill negatively impact species within hydrothermal vents located in mid-ocean ridges. These are hot areas within the ocean bed considered as sources of pharmaceutical product development. Authors assailed these sad experiences pressed government for more stringent national policies for environmental justice, pro-active measures for bioremediation, coastal rehabilitation, greater corporate responsibility and accountability. Damages therefore should be monetized so that affected stakeholders are able to claim for environmental justice thru suits, just like how Exxon case was dealt by court and of the state. Other substantial recommended measures considered by authors as best practices in managing and operating petroleum companies for total quality control were cited and explained in details in Chapter 6. They also recommended implementation of regular Safety, Health and Environment audits. Overall, the journal was logically explained, too detailed and scientific in fact. Conclusions affirmed authors’ theories, expectations, affirmed prior researches and can be used as academic guidelines for managers and workers of petroleum industries. Reasserting International Laws Contributions However, authors lacked appreciation and excluded the contribution of international laws and treaties in regulating extractive industries devoted to oil and gas production in the name of marine biodiversity protection. Discussion focused on quality control and strategic management for greater corporate accountability on marine protection, but efforts to improve governance initiated by the international communities and institutions were not highlighted in this handbook. It also used old cases as examples and thus the need to upgrade data with additional developments. This is to emphasize that oil spill is a continuous threat over time. It must be noted that as cases on oil spill multiplied in the last three decades, concern nations and states have also formulated conventions, protocols and agreements to regulate maritime commerce in international waters and to raise more accountabilities for all petroleum companies and of nations involved in this economy. To emphasize the significance and role of international laws and treaties, it’s wise to account them as well as its intentions fronting issues on petroleum pollution. To reckon, the disaster caused by Titanic collision with iceberg in 1914 encouraged the formulation of International Convention for the Safety of Life at Sea (SOLAS) which underwent series of amendments, the last of which was the SOLAS’ Protocol signed in 1978 covering marine pollution problems. This was adopted by International Conference on Tanker Safety and Pollution Prevention but was only formally enforced in 1981. Carriers of crude oil are mandated to take substantive protection against spills, like developing an inert gas system for oil containment or to double its hull. In 1975, the London Convention adopted an international treaty that prohibits dumping wastes in high seas. This treaty raises liability to those who are causing hazards to marine life and banned disposal of wastes with radioactive levels in the ocean. This was amended in 1996 Protocol when 26 countries agreed to totally prohibit dumping of wastes in the ocean. Motivated by Torrey Canyon spill in United Kingdom in the 1960s, the International Convention for the Prevention of Pollution from Ships was enforced in 1983. This is otherwise known as MARPOL Convention revised in 2007. To implement these, regulations were crafted for the Prevention of Pollution by Oil, for the Control of Pollution by Noxious Liquid Substances by Bulk, and to Prevent Pollution by Harmful Substances Carried to Sea in Package Form (Craig, 2004). As a consequence, tankers are mandated to attain the standard construction of vessel with double hulls. Canada was first to make this as a policy. The Regulation for the Prevention of Pollution by Oil also considered the seas of Mediterranean, Black, Red, Gulf areas, North Sea, Antarctica and Carribean Region, and Northwest European seas as special areas and prohibited dumping oil wastes in these regions (Craig, 2004). In 1990, countries adopted the International Convention on Oil Pollution Preparedness, Response and Cooperation. Enforced in 1995, marine industry were mandated to maintain preventive measures for oil spill; to develop mutual assistance and cooperation with stakeholders for oil spill emergency response; to formulate oil pollution emergency plans; to acquire oil pollution equipments; and, adopt systematic communication relating to oil spill. Following this measures, 108 nations and the European Commission adopted Global Programme Action for the Protection of the Maritime Environment from Land-based activities during the UNEP conference in 1995.This program encourage all nations to adopt land-based and coastal resource management to mitigate marine pollution. Such motivated United Nations to encourage countries to partake in solid waste management as part of the sustainable development framework and of Agenda 21. So far, the most protective marine safeguard is the declaration of Marine Protected Areas (MPA) which has become avenues for scientific research, ecotourism sites and biodiversity programs. Comprehensive coastal resource management in all nations also helped regulate the exploration, utilization, conservation and management of marine resources. Marine biodiversity protection is also asserted in Cartagena Convention and in the Earth Summit in Rio de Janiero in 1992. The same is adopted by eastern African Region when they had the Convention for the Protection, Management and Development of Marine and Coastal Environment. Meanwhile, the International Convention on Civil Liability for Oil, Pollution Damage also enforced punitive and compensatory damages for negligent owners of the vessels who’d cause maritime pollution (Hickey Jr. & Walker, 1995). While authorities asserted that these international policies and treaties significantly reduce oil spill pollution in the high seas, the International Maritime Organization (IMO), on the other hand, observed continuing cases on oil spill and dumping of industrial wastes and sewage sludge. Added to this is the continuing problem about dumped petroleum products, chemical wastes, sewage sludge, metals, plastics and toxic dredged materials in the ocean. Proof of this is the International Tanker Owners Pollution Federation Limited report on Oil Tanker Spill Statistics 2011 that there is an accumulated and disturbing 5.71 million tonnes of oil spill at the sea from 1970 to 2010. Albeit statistical decline of oil spill in 2010, the ITOPF estimated an average of 7 tonnes oil spill per year that is accumulated in the seas through decades. OTSS 2011 summed 360 spills, 73% of which came from ten incidents in 1990s while there are 182 spills in this decade, 47% thereof is sourced from just two major incidences. Among the major contributor of oil spill are tankers Atlantic express (287,000 tonnes), Castillo De Bellver (252,000 tonnes), Khark V (80,000 tonnes), ABT Summer (260,000 tonnes), Sea Empress (72,000 tonnes), Erika (20,000 tonnes), Prestige (60,000 tonnes) and the Heibe Spirit (10,500 tonnes). OTSS summed that there are 360 spills, 73% of which came from ten incidents in 1990s while there are 182 spills in this decade, 47% of which is sourced from just two major incidences. Conclusion In conclusion, it must be pointed that treaties and international laws are legal frameworks integrated into national policies of states. It directs and guide nations to increase sensibilities to mitigate petroleum pollution in high seas. Complaints against nations violating these treaties can be reported to international bodies for appropriate and punitive actions (Kalas, 200) to ensure global accountability for marine protection. These should be upheld by authors as global marine protective measures too. REFERENCE Craig, Robin, 2004, Protecting International Marine Biodiversity: International Treaties and National Systems of Marine Protected Areas. Journal of Land Use and Environmental Law. pp. 337-371. James Hickey, Jr. and Vern R. Walker, 1995, Refining the Precautionary Principle in International Environmental Law, 14 Va. Envtl. L.J. 423, 426. Peggy Rodgers Kalas, 2001, International Environmental Dispute Resolution and the Need for Access by Non-State Entities, 12 Colo. J. Int’l. Envtl. L. & Pol.’y 191, 195. Annex 1 Summary for the Author Date Dear ____, This is a review on Pollution Prevention and Cleaner Industry: Best Practices in Petroleum Industry authored by Nicholas P. Chereminisinoff and Paul Rosenfeld. The review delved and probed into the structure and content of the literature. While it’s appreciated that this published material is significant contribution for total quality control and management of gas and oil industry as well as a significant step for petroleum pollution prevention in international seas, reviewer is of opinion that it lacked in-depth appreciation of international laws and treaties as instrumental in the regulation of marine-based pollution and in upholding comprehensive protection of international seas from oil spills. Reviewer attempted to sight international covenants and treaties that are upheld by nations amid growing concern of increasing accumulation of oil pollution in high seas. It also includes recent statistical reports on Oil Spill from UK-based non-government and marine-advocate institution. Reviewer recommended to authors to update its handbook/literature and to use updated information to keep the material significant for readership. Sincerely, XXXXX Read More