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The ICCGS is capable of supporting environmental defense operations, to include the ability to assist in the mitigation of environmental exploitation designed to disrupt defense operations. Environmental Defense Operations, a mission yet to be fully developed, where Coast Guard forces will assist in responding to minimize operational interference and environmental damage caused by deliberate enemy actions such as the Iraqi-generated crude oil spill during Operation DESERT SHIELD/STORM.
International Convention Relating to Intervention on the High Seas in
Cases of Oil Pollution Casualties, 1969 Adoption: 29 November 1969 The Torrey Canyon disaster of 1967 revealed certain doubts with regard to the powers of States, under public international law, in respect of incidents on the high seas. In particular, questions were raised as to the extent to which a coastal State could take measures to protect its territory from pollution where a casualty threatened that State with oil pollution, especially if the measures necessary were likely to affect the interests of foreign shipowners, cargo owners and even flag States. The general consensus was that there was need for a new regime which, while recognizing the need for some State intervention on the high seas in cases of grave emergency, clearly restricted that right to protect other legitimate interests. A conference to consider such a regime was held in Brussels in 1969. The Convention which resulted affirms the right of a coastal State to take such measures 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 is, however, empowered to take only such action as is necessary, and 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 cargoes in question and, where circumstances permit, independent experts appointed for this purpose. A coastal State which takes measures beyond those permitted under the Convention is liable to pay compensation for any damage caused by such measures. Provision is made for the settlement of disputes arising in connection with the application of the Convention. The Convention applies to all seagoing vessels except warships or other
vessels owned or operated by a State and used on Government non-commercial
service. The Protocol of 1973 Adoption: 2 November 1973 The 1969 Intervention Convention applied to casualties involving pollution by oil. In view of the increasing quantity of other substances, mainly chemical, carried by ships, some of which would, if released, cause serious hazard to the marine environment, the 1969 Brussels Conference recognized the need to extend the Convention to cover substances other than oil. Following considerable work on this subject within the Legal Committee, draft articles for an instrument to extend the application of the 1969 Convention to substances other than oil were prepared and submitted to the 1973 London Conference on Marine Pollution. The Conference adopted the Protocol relating to Intervention on the High Seas
in Cases of Marine Pollution by Substances other than Oil. This extends the
regime of the 1969 Intervention Convention to substances which are either listed
in the Annex to the Protocol or which have characteristics substantially similar
to those substances. The 1991 amendments Adoption: 4 July 1991 The amendments revise the list of substances drawn up in 1974 to assist the
application of the 1973 Protocol. The 1996 amendments Adoption: 10 July 1996 The amendments revise the list of substances attached to the 1973 Protocol,
following the adoption of new criteria for their selection. Convention on the Prevention of Marine Pollution by Dumping of Wastes
and Other Matter, 1972 Adoption: 13 November 1972 The Inter-Governmental Conference on the Convention on the Dumping of Wastes at Sea, which met in London in November 1972 at the invitation of the United Kingdom, adopted this instrument, generally known as the London Convention. When the Convention came into force on 30 August 1975, IMO was made responsible for the Secretariat duties related to it. The Convention has a global character, and contributes to 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 man-made structures, as well as the deliberate disposal of these vessels or platforms themselves. Wastes derived from the exploration and exploitation of sea-bed mineral resources are, however, excluded from the definition. The provision of the Convention shall also not apply when it is necessary to secure the safety of human life or of vessels in cases of force majeure. Among other requirements, Contracting Parties undertake to designate an authority to deal with permits, keep records, and monitor the condition of the sea. Other articles are designed to promote regional co-operation, particularly in the fields of monitoring and scientific research. Annexes list wastes which 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 1978 amendments (incineration) Adoption: 12 October 1978 The amendments affect Annex I of the Convention and are concerned with the
incineration of wastes and other matter at sea. The 1978 (disputes) Adoption: 12 October 1978 As these amendments affect the articles of the Convention they are not
subject to the tacit acceptance procedure and will enter into force one year
after being positively accepted by two thirds of Contracting Parties. They
introduce new procedures for the settlement of disputes. The 1980 amendments (list of substances) Adoption: 24 September 1980 These amendments are related to those concerned with incineration and list
substances which require special care when being incinerated. The 1989 amendments Adoption: 3 November 1989 The amendments qualify the procedures to be followed when issuing permits
under Annex III. Before this is done, consideration has to be given to whether
there is sufficient scientific information available to assess the impact of
dumping. The 1993 amendments Adoption: 12 November 1993 The amendments ban the dumping into sea of low-level radioactive wastes. In addition, the amendments:
Later resolutions called for the phasing-out of industrial waste dumping and an end to the incineration at sea of noxious liquid wastes. The resolutions to end the dumping and incineration of industrial wastes were both adopted by consensus.
1996 Protocol Adoption: 7 November 1996 The Protocol is intended to replace the 1972 Convention. It represents a major change of approach to the question of how to regulate the use of the sea as a depository for waste materials. One of the most important innovations is to introduce (in Article 3) what is known as the "precautionary approach". This requires that
The article also states that "the polluter should, in principle, bear the cost of pollution" and it emphasizes that Contracting Parties should ensure that the Protocol should not simply result in pollution being transferred from one part of the environment to another. 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 there is a "black list" containing materials which may not be dumped at all. The Protocol is much more restrictive. Article 4 states that Contracting Parties "shall prohibit the dumping of any wastes or other matter with the exception of those listed in Annex 1." These are:
"in cases of force majeure caused by stress of weather, or in any case which constitutes a danger to human life or a real threat to vessels..." Incineration of wastes at sea was permitted under the 1972 Convention, but was later prohibited under amendments adopted in 1993. It is specifically prohibited by Article 5 of the 1996 Protocol. In recent years concern has been expressed at the practice of exporting wastes which cannot be dumped at sea under the 1972 Convention to non-Contracting Parties. Article 6 of the Protocol states that "Contracting Parties shall not allow the export of wastes or other matter to other countries for dumping or incineration at sea." Article 9 requires Contracting Parties to designate an appropriate authority or authorities to issue permits in accordance with the Protocol. The Protocol recognizes the importance of implementation and Article 11 details compliance procedures under which, no later than two years after the entry into force of the Protocol, the Meeting of Contracting Parties "shall establish those procedures and mechanisms necessary to assess and promote compliance..." A key provision is the so-called transitional period (Article 26) which allows new Contracting Parties to phase in compliance with the convention over a period of five years. This provision is supported by extended technical assistance provisions. IMO is made responsible for Secretariat duties in relation to the Protocol (as it is by the 1972 Convention). Other Articles contain procedures for settling disputes (Article 16) and amendments. Amendments to the Articles shall enter into force "on the 60th day after two-thirds of Contracting Parties shall have deposited an instrument of acceptance of the amendment with the Organization" (meaning IMO). The Protocol contains three annexes. Annex 1 is described above and the other
two deal with assessment of wastes and arbitral procedures. Amendments to the
annexes are adopted through a tacit acceptance procedure under which they will
enter into force not later than 100 days after being adopted. The amendments
will bind all Contracting Parties except those which have explicitly expressed
their non-acceptance. International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 Adoption: 30 November 1990 In July 1989, a conference of leading industrial nations in Paris called upon IMO to develop further measures to prevent pollution from ships. This call was endorsed by the IMO Assembly in November of the same year and work began on a draft convention. The purpose of the convention is to provide a global framework for international co-operation in combating major incidents or threats of marine pollution. Parties to the convention will be required to establish measures for dealing with pollution incidents, either nationally or in co-operation with other countries. 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 co-ordinated 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. The convention calls for the establishment of stockpiles of oil spill combating equipment, the holding of oil spill combating exercises and the development of detailed plans for dealing with pollution incidents. Parties to the convention 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. The Convention provides for IMO to plan an important co-ordinating role. |
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