When the contaminants are introduced into the natural environment that can cause adverse changes to that exposed environment, that contamination constitutes pollution. The menace of pollution is not relevant to the land only the increasing development in trades and businesses have polluted the sea too. Pollution from the ships is one of a kind of that menace. There are two principal ways that causes pollution from ships. The first way is the pollution caused as a result of maritime accidents, whilst second is the operational discharges of waste material that is generated by the ships. In case of pollution caused through maritime accidents, pollution results in the form of large quantities of oil or chemicals getting into the seas, the pollution caused by the discharges from the ship includes the pollutants in smaller but cumulatively significant amounts. The rights and obligations are set out in United Nations Convention on the Laws of the Seas 1982 and for the same reason International Maritime Organization (IMO) was established with the mandate of development regarding marine safety and environmental standards on a uniform basis. The Amoco Cadiz, a very large crude carrier (VLCC) stocked with nearly 69 million gallons of light crude oil, ran aground on shallow rocks off the coast of Brittany, France, on the morning of March 16, 1978 is an example of major oil spills in the world. The Kolva River oil spill 1994 was caused by a breach in a corroded oil pipeline in the Russian Arctic which resulted in irreparable loss and spilling roughly 84 million gallons of oil into the Kolva river. The largest accidental oil spill in history began in the Gulf of Mexico on April 20, 2010, after a surge of natural gas blasted through a cement well cap that had recently been installed to seal a well drilled by the Deepwater Horizon oil platform. Similarly, On 27 July 2003, the oil tanker the Tasman Spirit, loaded with 67,000 tonnes of Iranian crude, grounded in the access channel to Karachi harbour. The oil spillage from the tanker polluted and drastically affected the life beneath sea to miles.
The regulations concerned with ship safety standards generally cover safety of life, protection of environment and the preservation of property. The International Convention for the Prevention of Pollution from Ships (MARPOL) is the international convention for the prevention of pollution from the ships. The convention is related to the reduction of marine pollution resulting from discharges from waste materials, garbage, and sewage and smoke emissions. There are two other IMO convention to prevent pollution from the ships i.e. International Convention on the control of Harmful Anti-Fouling System on Ships 2001 and the International Convention for the control and management of the ships’ Blast water and Sediments 2004. UNCLOS sec 1, Art 192-196 deals with the obligation to protect and preserve the marine environment and asserts to take individually or jointly measures necessary to prevent, reduce and control pollution of the environment from any sources including vessels. Sec 5 Art 207-212 deals with the rights and obligations of states to adopt international rules and devise national legislations to prevent, reduce and control the marine environment.
There are jurisdictions of states over ships flying their flags in all parts of the world and even on foreign flagged ships when they are in waters subject to their jurisdiction. It is therefore the flag state which bears the responsibility under UNCLOS for regulating the ships on their registry and ensuring applicable standards of safety and environmental protection. The ships which do not comply by international rules and standards are likely to be regular targets of the port state control inspection. Pollution from internationally trading ships has commonly been suffered on the coast of states. Coastal states have particular incentives for adopting and enforcing legislations. The states enjoy full territorial sovereignty over its internal waters which encompass all waters landwards of the baseline from which territorial sea is measured and it includes its ports. There is no restraint on a state's freedom to legislate rules as it deems fit in such waters. UNCLOS Art 211(3), the states which establish particular requirements for the prevention, reduction and control of marine pollution as a condition of entry of foreign vessels to their ports are required to give due publicity to such requirements and communicate with IMO. The area immediately adjacent to the land territory and internal waters, which state may claim to maximum breadth of 12 nm from the baseline constitutes territorial sea. Coastal states usually do not hamper innocent passage and may not impose legal requirements on foreign ships. In such cases, laws and regulations related to pollution shall cover governing safety of the navigation of ships, regulation of maritime traffic and preservation of the environment of the coastal state.
The Exclusive Economic Zone is an area of water and seabed which is adjacent to the territorial sea and may overlap with the contiguous zone. The maximum breadth of EEZ is 200 nm from the baseline from which the territorial sea is measured. The coastal state must declare and legislate over its EEZ jurisdiction. The EEZ gives coastal states sovereign rights for the purpose of exploring, exploiting, conserving and managing the natural resources. UNCLOS Article 56(1)(b), the coastal state has jurisdiction over the matters in EEZ regarding artificial island installation, marine scientific research, protection and preservation of the marine environment.
In the EEZ, legislative powers of coastal states are less extensive than in the territorial sea and adopt laws based on international regulations. It is not sufficient that domestic laws to prevent pollution do not conflict with international rules instead they must conform with and give effect to international rules and standards. EEZ should be governed with measures for the prevention of pollution from ships for recognized technical reasons. It may submit a case to IMO supported by scientific and technical evidence for designation of a special area. According to UNCLOS Art 211(6)(a)(b) if approval is granted the limits of area are to be published by the coastal state and protected by international rules. UNCLOS Art 234 keeping in view the due regard to navigation provides that the coastal state may legislate for prevention and control of marine pollution from vessels which are covered with ice.
Legislative jurisdiction over vessels on the high seas rests with flag state as per UNCLOS Art (92)(1).High Seas are the areas of the sea which are outside national jurisdiction being beyond territorial seas, contagious zones, exclusive economic zones and archipelagic waters of any state. A coastal state can intervene with measures on High Seas, in response to maritime casualties, which may have harmful consequences. The state has jurisdiction over the vessel in the port to carry on proceedings and charge up with penalties for discharges outside the port provided such discharges are in violation of international rules including the High Seas. Similarly, there are jurisdictions under UNCLOS Art 42(1)(b) which deals with jurisdiction in straits used for international navigation. Jurisdiction in archipelagic waters are dealt under Article 54 of UNCLOS which applies the regime of transit passage as with the straits used for international navigation.
Pakistan undoubtedly needs to have its maritime laws and regimes revised in order to pose itself as a responsible and effectively developing maritime state. Pakistan has to play its role as steward of flowing waters of the globe at large and country in particular. Our vision should not be less than protecting the maritime environment from the pollution and safeguard it for our upcoming generations. We have to show from our actions the commitment to responsibility nature has bestowed on man for protecting it. A contingency emergency plan must be made which would ensure the safe aqua and marine culture along with safe sea lines of communications.