The protection of the marine environment from sea-based pollution has been the main functions of a number of international organisations, specifically the International Maritime Organisation, the United Nations Environment Programme and increasingly the United Nations Development Programme. The work of the United Nations agencies are supported by various private sector organisations and industrial groupings such as the International Tanker Owners Pollution Federation Limited (ITOPF) which provides "objective technical advice, expertise and information on effective response to ship-source pollution".¹² Together these bodies have established various programmes to reduce the likelihood of marine pollution and also to minimise the after-effects of marine pollution

　

The foundation of the international effort to address the problem of marine pollution from sea-based resources is the host of internal instruments such as conventions, treaties, plans of actions, regional programmes and memorandums of understandings which are all intended to prevent and minimize sea-based marine pollution. Principal among these instruments are

　

　

Taken as a whole these instruments provides countries with the necessary tools to address marine pollution from sea-based activities at three different stages-before, during and after the incidents have occurred. Indeed these instruments have probably contributed to the reduction and minimization of pollution at sea. However, the report of the Secretary General of the United Nations to the Commission on Sustainable development noted that there are problems with the implementation of these conventions and that "the capacities of maritime administrations in many developing countries are still insufficient for the effective implementation of international instruments.¹⁵

　

It is important that countries complement the work carried out at the international level with national activities. This would include incorporating international conventions into national laws and also completing the ratification of these conventions. National efforts to address marine pollution from sea-based activities could be based around a number of principal activities apart from the ratification of international treaties and their incorporation into national laws. These activities are:

　

　

The success of these national activities depends however on the availability of assets and personnel which could be deployed for pollution prevention work. In many developing countries the lack of such assets and personnel is a major drawback in pollution prevention efforts. On the other hand, international conventions and other instruments do encourage cooperation among countries in the prevention of marine pollution. This has happened to a certain extent in the area of oil spill prevention and response where bilateral agreements have been established between countries that share common sea areas and where oil spill control equipment donated by countries such as Japan has been positioned along the straits of Malacca.¹⁷ Coastal states however have argued for more responsibility to be borne by the users of sea areas such as the Straits of Malacca and other straits used for international navigation in the spirit of Article 43 of UNCLOS¹⁸ and the "polluter-pays-principle. " Discussion on the subject is still ongoing but is at a preliminary and research stage

　

Countries have also adopted measures which are more stringent than the provided for by international instruments. The United States for example promulgated the Oil Pollution Act , 1990 (OPA 1990) to provide more stringent regulations for tanker design and to impose higher liability on tanker owners and operators in cases of oil pollution. This has had the effects of prompting the international community to also raise the level of liability through amendments to the CLC and Fund Conventions.

　

In discussing national efforts to address marine pollution from sea-based sources, it is also necessary to examine the issue within the point of view of pollution prevention as a whole. Within this context, it is important to note that land-based activities are larger contributors to marine pollution than sea-based activities. Pollution from land constitutes 70 per cent of all marine pollution and are inherently more difficult to address because of the dispersed nature of sources and also because it is difficult to pinpoint sources of pollution such as agricultural runoffs and sediments. Addressing land-based pollution would also require sustained and long-term programming and large capital investments to control pollutants such as sewage and solid wastes.

　

Many of the issues affecting the effort to protect the marine environment from sea-based pollution have not changed since the century. Issues like pollution from oil spills and its effects will continue to dominate headlines as and when they occur. However, there are a number of emerging issues which will also determine the future of marine pollution prevention efforts.

　

Recently, another dimension has been added to the marine pollution prevention scenario _ that of marine pollution from vessels as a result of piratical or terrorist attacks. While it is important to differentiate between piracy, ship-jacking and acts of thievery and robberies at sea, it is also important to note that these activities do pose a threat to navigation and the marine environment especially in places such as the Straits of Malacca. One incident to note is the more recent explosion of the very large crude carrier Limburg off the coast of Yemen on October 6 of this year. Preliminary investigations pointed to a possible terrorist attack. Fortunately only 300 tonnes of oil were lost at sea from the incident.¹⁹ The threat of terrorism to shipping may also affect how radioactive cargo is transported by sea. While the debate on the carnage of ultra hazardous radioactive cargo by sea has been continuing for some the time, and the regime for managing such activities are in the process of being finalized,²⁰ adds another dimension to an already controversial issue.

　

The introduction of new regulations with regard to ship design holds great promise for marine environment protection. The 2001 amendments to MARPOL 73/78 will see a faster phasing out of single-hull oil tankers with all new tankers constructed after 1996 having a double-hull configuration.²¹ The requirement does come at a price however, and it has been estimated that building a double-hulled version of the Exxon Valdez would cost an additional $ 12 million, increasing from $125 to $ 137 million while reducing the capacity of the tanker to carry oil.²² However, the much-anticipated increase in fuel prices as a result of this new requirement has not happened.²³

　

We are also being made increasingly aware of the risks of having vessels travel through ecologically important areas. Two recent accidents in the Great Barrier Reef area clearly illustrate the need for strict adherence to international and national regulations concerning marine transportation in these areas. MARPOL 73/78 provides for the establishment of Special Areas under the various annexes of the conventions and stipulates clearly the regulations for ship operation in these areas vis-a-vis discharges of wastes from ships. Areas which have been designated as Special Areas under Annex I of MARPOL includes the Mediterranean Sea area, the Antarctic area and the Black sea area. The Gulf of Mexico has been designated as Special Area under Annex V of MARPOL 73/78.²⁴

　

The use of maritime transportation to transport goods and oil in world trade carries with it inherent risks to the marine environment. Reducing these risks and minimising the probability of maritime casualties and the accompanying pollution requires national and international efforts including the implementation of international conventions and the enforcement of national laws. Additionally, efforts would also need to be undertaken to restore environments damaged by pollution. At the same time other sources of marine pollution need to be addressed including pollution from land-based activities. Attention should also be given to emerging issues in marine pollution prevention such as the threat of terrorism, carnage of ultra hazardous cargo and the need to protect environmentally sensitive areas from pollution.