Ocean Dumping and Ship Wastes

The international rules and standards for the prevention, reduction and control of pollution of the marine environment by dumping and from vessels referred to in UNCLOS (See articles 210 and 211) have been mainly established by the International Maritime Organization (IMO) in London – the United Nations specialized agency responsible for improving maritime safety and preventing pollution from ships.  In addition, the International Atomic Energy Agency (IAEA) is responsible for developing rules regarding radioactive waste management and the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal governs the import and export of hazardous wastes, as well as passage through the maritime zones of third States.  Cooperation at the regional level has resulted in the adoption of a number of regional instruments.

The primary obligation to enforce laws and regulations for the protection and preservation of the marine environment from dumping and from vessels rests with the flag State, which must ensure that vessels under its jurisdiction comply with applicable international rules and standards and with national legislation adopted in accordance with such rules and standards (See articles 216 and 217).  In addition, UNCLOS grants port States and coastal States the right to enforce generally accepted international rules and standards vis-à-vis foreign vessels. (See in particular articles 218-220 and 223-234).