International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties (INTERVENTION), 1969

Adoption: 29 November 1969

Entry into force: 6 May 1975

　

　This Convention affirms the right of a coastal state to intervene on the high seas as may be necessary to prevent, mitigate or eliminate danger to its coastline or related interests from pollution by oil or the threat thereof, following upon a maritime casualty. The coastal state can only exercise such right after due consultations with appropriate interests including, in particular, the flag State or States of the ship or ships involved, the owners of the ships or cargo in question and independent experts appointed for this purpose. A State that takes measures beyond those permitted under the Convention is liable to pay compensation for any damage caused by its actions. Provision is also made for the settlement of disputes arising in connection with the application of the Convention. INTERVENTION applies to all seagoing vessels except warships or other vessels owned or operated by a State and used by government for non-commercial service.

　

　The 1973 Protocol extends the regime of the 1969 Intervention Convention to substances other than oil, which are either listed in the Annex to the Protocol or categorized to have characteristics substantially similar to those substances. Succeeding amendments revise the list of substances drawn up in the said Protocol.

　

Convention on the Prevention of Marine Pollution by dumping of Wastes and Other Matter (LDC), 1972

Adoption: 13 November 1972

Entry into force: 30 August 1975

　

　The Convention is global in character and represents a further step towards the international control and prevention of marine pollution. It prohibits the dumping of certain hazardous materials, requires a prior special permit for the dumping of a number of other identified materials and a prior general permit for other wastes or matter.

　

　Dumping has been defined as the deliberate disposal at sea of wastes or other matter from vessels, aircraft, platforms or other manΣmade structures, as well as the deliberate disposal of these vessels or platforms themselves. However, wastes derived from the exploration and exploitation of seabed mineral resources are excluded from the definition. The provisions of the Convention do not apply when it is necessary to secure the safety of human life or of vessels in cases of force majeure. Contracting parties are also obliged to designate an authority to deal with permits, keep records, and monitor the condition of the sea. Other articles are designed to promote regional cooperation, particularly in the fields of monitoring and scientific research. Annexes list wastes that cannot be dumped and others for which a special dumping permit is required. The criteria governing the issuing of these permits are laid down in a third Annex which deals with the nature of the waste material, the characteristics of the dumping site and method of disposal.

　

　The 1972 Convention permits dumping to be carried out provided certain conditions are met. The severity of these conditions varies according to the danger to the environment presented by the materials themselves and a “black list” of materials that may not be dumped at all is provided. Precautionary approach and polluter-pays principle are further adopted as guiding principles to govern the regulation of the use of sea as a depository for waste materials.

　

Amendments to this Convention included provisions on incineration of wastes and other matter at sea and list substances which require special care when being incinerated. These eventually led to certain provisions stating the ban of dumping into sea of low-level radioactive wastes and ban of dumping and incineration of industrial wastes.

　

International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78)

1973 Convention		Protocol of 1978
Adoption: 2 November 1973		Adoption: 17 February 1978
Entry into force: varies with annexes		Entry into force: 2 October 1983

　

　MARPOL 73/78 covers all technical aspects of pollution from ships, except the disposal of waste into the sea by dumping, and applies to ships of all types. However, it does not apply to pollution arising from the exploration and exploitation of seabed mineral resources. The Convention has Protocols dealing with reports on incidents involving harmful substances. Five annexes contain regulations for the prevention of various forms of pollution: (a) pollution by oil; (b) pollution by noxious liquid substances carried in bulk; (c) pollution by harmful substances carried in packages, portable tanks, freight containers, or road or rail tank wagons, etc.; (d) pollution by sewage from ships; and (e) pollution by garbage from ships. It also has stipulations on arbitration.

　

　The 1978 Protocol to MARPOL introduces stricter regulations for the survey and certification of ships and has absorbed the parent convention. States which ratify the Protocol must also give effect to the provisions of the 1973 Convention. The 1973 MARPOL Convention and the 1978 MARPOL Protocol is therefore read as one instrument, which is usually referred to as MARPOL 73/78.

　

　The 1978 Protocol makes a number of changes to Annex I of the parent convention. Segregated ballast tanks (SBT) are required on all new tankers of 20,000 dwt and above (in the parent convention SBTs were only required on new tankers of 70,000 dwt and above). The Protocol also requires that SBTs be protectively located, i.e. they must be positioned in such a way that they will help protect the cargo tanks in the event of a collision or grounding.

　

　Another important innovation concerns crude oil washing (COW), which has recently been developed by the oil industry and offers major benefits. Under COW, tanks are washed not with water but with the crude oil cargo itself. COW is accepted as an alternative to SBTs on existing tankers and is an additional requirement on new tankers.

　

　For existing crude oil tankers a third alternative was permissible for a period of two to four years after entry into force of MARPOL 73/78. This is called the dedicated clean ballast tanks (CBT) and is a system whereby certain tanks are dedicated solely to the carriage of ballast water and can be used within the grace period set by the Convention. Drainage and discharge arrangements are also altered in the Protocol while regulations for improved stripping systems are introduced.

　

International Convention on Pollution Preparedness, Response and Cooperation (OPRC), 1990

Adoption: 30 November 1990

Entry into force: 13 May 1995

　

　The purpose of the Convention is to provide a global framework for international cooperation in combating major incidents or threats of marine pollution. Parties to the convention are required to establish measures for dealing with pollution incidents, either nationally or in cooperation with other States. Ships are required to carry a shipboard oil pollution emergency plan, the contents of which are to be developed by IMO. Operators of offshore units under the jurisdiction of Parties are also required to have oil pollution emergency plans or similar arrangements which must be coordinated with national systems for responding promptly and effectively to oil pollution incidents. Ships are required to report incidents of pollution to coastal authorities and the Convention details the actions that are then to be taken. It calls for the establishment of stockpiles of oil spill combating equipment, the holding of oil spill combating exercise and the development of detailed plans for dealing with pollution incidents. Furthermore, States are required to provide assistance to others in the event of a pollution emergency and provision is made for the reimbursement of any assistance provided.

　

　

Convention on Facilitation of International Maritime Traffic (FAL), 1965

Adoption: 9 April 1965

Entry into force: 5 March 1967

　

　The FAL Convention aims to prevent unnecessary delays in maritime traffic, aid cooperation between governments, and secure the highest practicable degree of uniformity in formalities and other procedures. The Annex to the Convention contains provisions relating to the arrival, stay and departure of ships and persons, health and quarantine, and sanitary measures for plants and animals. These provisions are divided into standards and recommended practices, and lists documents which should be required by governments.

　

　Amendments include provisions on the simplification of documentation required by ships engaged in disaster relief and similar activities, revision of several recommended practices and addition of other measures which deal with drug trafficking. Other amendments are concerned with electronic data processing/electronic data interchange (EDP/EDI), private gift packages and trade samples, consular formalities and fees, submission of pre-import information, clearance of specialized equipment, and falsified documents, unmanifested parcels and stowaways, passenger list, national facilitation committees, inadmissible persons, immigration pre-arrival clearance, pre-import information, and cruise passengers, among others.

　

Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA), 1988

Adoption: 10 March 1988

Entry into force: 1 March 1992

　

　The main purpose of the convention is to ensure that appropriate action is taken against persons committing unlawful acts against ships. These include the seizure of ships by force, acts of violence against persons on board ships, and the placing of devices on board a ship which are likely to destroy or damage it. The Convention obliges Contracting Governments either to extradite or prosecute alleged offenders.

　

　Its 1988 Protocol extends the requirements of the Convention to fixed platforms such as those engaged in the exploitation of offshore oil and gas on the continental shelf.