LAWIN

Pollution

Pollution

Legislation in the United States

In 1969, a major fire erupted (in the United States). This time, with the help of news and magazine coverage, the fire prompted the nation to take immediate action against water pollution. The public response to this event helped create the Federal Water Pollution Control Act (1972), commonly called the Clean Water Act. This legislation provides money to improve sewage treatment plants (STPs) and sets limits on the things that industries and STPs can discharge into the water. The Cuyahoga River fires also provided the motivation to create the Great Lakes Water Quality Agreement; establish federal and state environmental protection agencies (Environmental Protection Agency, 2003); and pass the Oil Pollution Act of 1990, which prohibits the discharge of oil into navigable rivers.

Like the 1969 Cuyahoga River fire, the 1948 Donora incident led to the creation of the Air Pollution Control Act of 1955. This was the first federal attempt to control air pollution. Since then, clean air legislation has been revised and strengthened. The Clean Air Act of 1990 sets limits on the discharge of air pollutants from industrial facilities and motor vehicles, and addresses acid rain and ozone depletion.

These laws have significantly reduced the amount of pollution released into the environment. Grossly contaminated water and air are much less common today than they were 50 years ago. Nevertheless, some of today’s experts are concerned about the possible risks of continuous low-level exposure to pollutants, and particularly to nonpoint source pollutants.

Pollution Well

From the book The Clergyman’s Hand-book of Law, about Pollution Well (1): And where a man had built a dwelling near a cemetery, it was not good ground for him to prevent the enlargement of the cemetery by showing that it might destroy his well. The court questions whether there is any legal ground for complaint for the pollution of subterranean waters when caused by the proper use without negligence of the adjacent premises. Additional lands may be obtained under the law of eminent domain by condemnation.

International Conventions (Pollution): Comparative Analysis

International

The Prevention of Pollution of the Sea by Oil Convention, 1954, London, 12 May 1954, amended 11 April 1962, 21 October 1969, 15 October 1971, 2 November 1973, has being superseded by the more comprehensive International Convention for the Prevention of Pollution from Ships, 1973, London, 2 November 1973 and its 1978 Protocol, London, 17 February 1978 (MARPOL 73/78). MARPOL 73/78 came into force on 2 October 1983, except for Annex II (Control of Pollution by Noxious Liquid Substances) (in force 6 April 1987), Annex V (Prevention of Pollution by Garbage from Ships) (in force 31 December 1988), Annex III (Prevention of Pollution by Harmful Substances in Packaged Form) (in force 1 July 1992), Annex IV (Prevention of Pollution by Sewage from Ships) (in force 27 September 2003; revision of April 2004, in force 1 August 2005) and Annex VI (Prevention of Air Pollution from Ships) (adopted by a Protocol of 26 September 1997, in force 19 May 2005). The Annexes of MARPOL 73/78 have been amended numerous times, most recently in 2004. In particular, Annex I (Regulations for the Prevention of Pollution by Oil) and Annex II (Control of Pollution by Noxious Liquid Substances) were revised in 2004, the revisions to come into force 1 January 2007. For the States party to the MARPOL 73/78 Convention and its various Annexes, see the IMO website.

The International Convention Relating to Intervention on the High Seas in cases of Oil Pollution Casualties (Intervention Convention), Brussels, 29 November 1969, in force 6 May 1975. 83 States were party to the Convention as at 30 September 2006 (see the IMO website. By a London Protocol adopted on 2 November 1973 (in force 30 March 1983) it was made applicable to pollution caused by a list of noxious chemicals other than oil. The 1973 Protocol was in force in some 48 States as at 30 September 2006 (see the IMO website). The list of substances was amended on 4 July 1991 (in force 30 March 1993), 10 July 1996 (in force 19 December 1997) and 11 October 2002 (in force 22 June 2004).

The International Convention on Civil Liability for Oil Pollution Damage, 1969 (C.L.C. 1969), Brussels, 29 November 1969, in force 19 June 1975 (in force in 40 States as at 30 September 2006 – see the IMO website). The C.L.C. 1969 was first amended by a Protocol signed at London on the 19 November 1976 and in force on 8 April 1981, which changed the unit of account under the C.L.C. 1969 from gold francs to Special Drawing Rights (S.D.R.’s). There were 54 States party to the 1976 Protocol as at 30 September 2006 (see the IMO website). The C.L.C. 1969 was again amended on 25 May 1984 by a London Protocol which never came into force and was later superseded by another London Protocol, adopted on 27 November 1992, which came into force on 30 May 1996. There were 114 States party to the C.L.C. 1992 Protocol as at 30 September 2006 – see the IMO website. By virtue of art. 11(2) of the C.L.C. 1992 Protocol, arts. 1 to XII ter of the C.L.C. 1969, as amended by the 1992 Protocol, are now known as the “International Liability Convention on Civil Liability for Oil Pollution Damage, 1992 (1992 Liability Convention)”, or the C.L.C. 1992.

Limitations of liability under the C.L.C. 1992 were increased by a resolution of the Legal Committee of the International Maritime Organization (I.M.O.), adopted 18 October 2000, adopting Protocols to the 1992 conventions. The limitations are 89.77 million S.D.R.’s (approx. $115 million. U.S. as of 30 June 2006) for a ship over 140,000 gross register tons under the C.L.C. 1992 and 203 million S.D.R.’s (approx. $260 million U.S. as of 30 June 2006) payable by the International Oil Pollution Compensation Fund (I.O.P.C. Fund). The new limitations came into force 1 November 2003.

The International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (Fund Convention 1971), Brussels, 18 December 1971, in force 16 October 1978. This Convention established the International Oil Pollution Compensation Fund (I.O.P.C. Fund). The Fund Convention 1971 (no longer in force – see infra) was first amended by a Protocol signed at London on 19 November 1976, which came into force on 22 November 1994, amending art. 4 of the Convention, changing the unit of account under the Fund Convention 1971 from gold francs to Special Drawing Rights (S.D.R.’s). There were still 31 States party to the Fund Protocol 1976 as at 30 September 2006 (see the IMO website). The Fund Convention 1971 was again amended on 25 May 1984 by a London Protocol which never came into force, and was later superseded by another London Protocol, adopted on 27 November 1992, which came into force on 30 May 1996. This Protocol was in force in 98 States as at 30 September 2006 (see the IMO website). By art. 27(2) of the 1992 Protocol, arts. 1 to 36 quinquies of the Fund Convention 1971, as amended by the 1992 Protocol, constitute what is known as the “International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 (1992 Fund Convention)” or Fund Convention 1992. It establishes the International Oil Pollution Compensation Fund (I.O.P.C. Fund) 1992.

By virtue of a further Protocol, amending art. 43.1 of the Fund Convention 1971, adopted on 27 September 2000, and which came into force on 27 June 2001, the Fund Convention 1971 ceased to be in force on 24 May 2002, the number of Contracting States to that Convention having then fallen below twenty-five. Most States which were party to the Fund Convention 1971 have now become parties to the Fund Convention 1992 and members of the I.O.P.C. Fund 1992.

A Protocol was adopted to the Fund Convention 1992 on 16 May 2003 in London, and came into force on 3 March 2005, establishing the International Supplementary Fund for Compensation for Oil Pollution Damage. Its object is to provide a third tier of compensation for oil pollution damage, over and above the compensation provided for under the C.L.C. Convention 1992 and the Fund Convention 1992. Participation in the Supplementary Fund will be optional for States party to the Fund Convention 1992. The compensation available from the Supplementary Fund in respect of any one incident will be limited to a combined total of 750 million S.D.R.’s, including the amount of compensation paid under the C.L.C. Convention 1992 and the Fund Convention 1992. Amendments to the compensation limits provided by the Supplementary Fund can be adopted by the tacit acceptance procedure, by the Legal Committee of the International Maritime Organization. The Supplementary Fund and the International Oil Pollution Compensation Fund (I.O.P.C. Fund) share the same director and secretariat in London. As of 30 September 2006, 19 States were party to the 2003 Protocol establishing the Supplementary Fund. See the IMO website.

The International Convention on the Prevention of Marine Pollution by Dumping of Wastes Convention, 1972, adopted in quadruplicate at London, Mexico City, Moscow and Washington, 29 December 1972, in force 30 August 1975 (sometimes called the “London Convention 1972”), as amended in London on 12 October 1978 (re incineration – in force 11 March 1979); 24 September 1980 (re list of substances – in force 11 March 1981); 3 November 1989 (re permits under Annex III – in force 19 May 1990); and 12 November 1993 (re low-level nuclear wastes – in force 20 February 1994). 81 States were party to this Convention as at 30 September 2006 (see the IMO website). A Protocol to the Convention was adopted at London on 7 November 1996, which came into force on 24 March 2006, and 29 States were party to the 1996 Protocol as of 30 September 2006. See the IMO website. The 1996 Protocol replaces the 1972 Convention for States party to both instruments.

The Protocol relating to Intervention on the High Seas in case of Marine Pollution by Substances other than Oil, London, 2 November 1973, in force 30 March 1983, and amended 27 February 1978 and 7 September 1984. This Protocol was in force in 48 States as at 30 September 2006 (see IMO website).

The United Nations Law of the Sea Convention 1982, adopted at Montego Bay, Jamaica, 10 December 1982, in force 16 November 1994. This Convention was in force in 149 States as at 1 January 2006. See the UN Treaty website.

The Oil Pollution Preparedness, Response and Cooperation (OPRC) Convention 1990, London, adopted on 30 November 1990, in force 13 May 1995. 88 States were party to the Convention as at 30 September 2006 (see the IMO website). The OPRC Convention 1990 was amended by the “Protocol of 2000 to the International Convention on Oil Pollution Preparedness, Response and Co-oeration Relating to Pollution Incidents by Hazardous and Noxious Substances, 1990” (the “OPRC-HNS Protocol”), adopted in London, 15 March 2000, having been ratified by 15 States, comes into force on 14 June 2007. See IMO website.

The International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (HNS) Convention 1996, London, 3 May 1996, not yet in force. States required for coming into force of the HNS Convention 1996: 12, including 4 each of which has not less than 2 million units of gross tonnage, and provided that persons in these States who would be responsible to pay contributions to the general account have received a total quantity of at least 40 million tonnes of contributing cargo in the preceding calendar year. States party as at 30 September 2006: 8 – Angola, Cyprus, Morocco, Russian Federation, Saint Kitts and Nevis, Samoa, Slovenia and Tonga. See IMO website.

The International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 was adopted at London on 23 March 2001, and will enter into force on 21 November 2008. States required for coming into force: 18, including 5 having ships of combined gross tonnage of at least 1 million tons. States party by 1 May 2008: 21 – Bahamas, Bulgaria, Croatia, Cyprus, Estonia, Germany, Greece, Iceland, Jamaica, Latvia, Lithuania, Luxembourg, Norway, Poland, Samoa, Sierra Leone, Singapore, Slovenia, Spain, Tonga and the United Kingdom. See IMO website.

The International Convention on the Control of Harmful Anti-fouling Systems on Ships, adopted at London 5 October 2001, and will enter into force on 17 September 2008. States required for coming into force: 25, representing 25% of the world’s merchant shipping tonnage. States party by 1 May 2008: 29 – Antigua and Barbuda, Australia, Bahamas, Bulgaria, Cook Islands, Croatia, Cyprus, Denmark, France, Greece, Iceland, Japan, Kiribati, Latvia, Lithuania, Luxembourg, Mexico, Nigeria, Norway, Panama, Poland, Romania, Saint Kitts and Nevis, Sierra Leone, Slovenia, Spain, Sweden and Tuvalu. See IMO website.

The E.U. Environmental Liability Directive, being Directive 2004/35 of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remeding of environmental damage, adopted and in force April 21, 2004, requiring all Member-States of the European Union to bring into force their laws, regulations and administrative provisions so as to comply with the Directive, by April 30, 2007.

Canada

The Arctic Waters Pollution Prevention Act (A.W.P.P. Act), R.C.S. 1985, c. A-12, amended by S.C. 1987, c. 7 which received royal assent on 26 March 1987.

In 1989, Canada acceded to the C.L.C. Convention 1969 and its 1976 Protocol and to the Fund Convention 1971. In 1995, Canada acceded to the 1976 Protocol to the Fund Convention 1971. By legislation adopted in 1987 (in force in 1989) and 1993, amending the former Canada Shipping Act, R.S.C. 1985, c. S-9, Canada implemented (1) the 1969 C.L.C. as amended by the 1976 Protocol, (2) the 1971 Fund Convention as amended by the 1976 Protocol, which came into force on 22 November 1994, and (3)the MARPOL 73/78. In 1998, the former Canada Shipping Act was again amended to give effect to the 1992 Protocols to the C.L.C. Convention 1969 and the Fund Convention 1971.

The C.L.C. Convention 1969 and the Fund Convention 1971, as amended by their respective 1976 and 1992 Protocols (i.e. the C.L.C. Convention 1992 and the Fund Convention 1992) now have the force of law in Canada pursuant to the Marine Liability Act, S.C. 2001, c. 6, Part 6 (Liability and Compensation for Pollution) (sects. 47-105) (in force 8 August 2001). Part 6 includes divisions on “Civil Liability for Pollution” (sects. 51-71) and on “Compensation for Pollution” (sects. 72-105). Part 8 (sects. 165-184) of the Canada Shipping Act, 2001, S.C. 2001, c. 26, deals with “Pollution Prevention and Response – Department of Fisheries and Oceans”, while Part 9 (sects. 185-193) concerns “Pollution – Department of Transport”, thus dividing the responsibility for the prevention of marine pollution in Canada between the Department of Fisheries and Oceans and the Department of Transport.

The Fisheries Act, R.S.C. 1985, c. F-14, as amended by S.C. 1987, c. 7.

The Migratory Birds Convention Act, 1994, S.C. 1994, c. 22.

The Canadian Environmental Protection Act, 1999, S.C. 1999, c. 33.

Canada has implemented the Convention on the Prevention of Marine Pollution by Dumping of Wastes Convention 1972, together with its 1996 Protocol, by the Canadian Environmental Protection Act, 1999, S.C. 1999, c. 33, Part 7, Division 3, comprising sects. 122-137.

The Canada Oil and Gas Operations Act, R.S.C. 1985, c. O-7.

Canada ratified the Law of the Sea Convention 1982 on 7 November 2003 and it came into force for Canada on 7 December 2003.

United States

The Federal Water Pollution Control Act (FWPCA), extensively amended and reorganized by the Act of 18 October 1972, P.L. 92-500, 86 Stat. 816 and the Act of 27 December 1977, P.L. 95-217, 91 Stat. 1566 (also known as the Clean Water Act); amended by the Act of 21 November 1978, P.L. 95-576, 92 Stat. 2467, amended by the Act of 21 October 1980, P.L. 96-483, 94 Stat. 2363; 33 U.S. Code 1251 et seq; and amended in large part by the Oil Pollution Act 1990 (OPA 90), 18 August 1990, P.L. No. 101-380, 104 Stat. 484, 33 U.S. Code 2701-2761.

By its sect. 2004, OPA 90 also replaces or amends the liability provisions of the Trans Alaska Pipeline Authorization Act, Act of 16 November 1973, P.L. 93-153, title II, s. 204, 87 Stat. 586; 43 U.S. Code 1653; of the Deep Water Port Act, Act of 3 January 1975, P.l. 93-627, 88 Stat. 2126, amended by the Act of 25 September 1984, P.L. 84-419, 98 Stat. 1607; 33 U.S. Code 1501 et seq; and of the Outer Continental Shelf Lands Act, Act of 7 August 1953, c. 345, 67 Stat. 462, 43 U.S. Code 1331 et seq., and especially the 1978 amendments enacted by the Act of 18 September 1978, P.L. 95-372, title III, 92 Stat. 607; 43 U.S. Code 1811 et seq.

The Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), Act of 11 December 1980, P.L. No. 96-510, 94 Stat. 2767, 42 U.S. Code sect. 9601-9675, as amended.

United Kingdom

The Prevention for Oil Pollution Act 1971, (1971) U.K. c. 60, consolidated the Oil in Navigable Waters Acts 1955 to 1971, which had given effect to the Prevention of Pollution of the Sea by Oil Convention, 1954, and to the Intervention Convention, 1969. The 1971 Act was slightly amended by the Merchant Shipping (Registration, etc.) Act 1993, U.K. 1993, c. 22, sect. 8(3) and Sch. 14, para. 66.

The Merchant Shipping (Oil Pollution) Act 1971, (1971) U.K. c. 59 giving effect to the Civil Liability Convention, 1969.

The Merchant Shipping Act 1974, (1974) U.K., c. 43 giving effect to the Fund Convention, 1971.

The Merchant Shipping Act 1995, U.K. 1995, c. 21, sect. 128 provides for giving effect to the Prevention of Pollution from Ships Convention 1973, the 1973 Protocol relating to Intervention on the High Seas in case of Marine Pollution by Substances other than Oil, the Protocol constituting attachment 2 to the final act of the International Conference on Tanker Safety and Pollution Prevention, London, 17 February 1978, and to the OPRC Convention 1990. The Merchant Shipping (Prevention of Pollution: Substances Other than Oil) (Intervention) Order 1997, SI 1997/1869 (in force 1 September 1997), gives effect to the 1973 Protocol, and prescribes substances other than oil, the threat of pollution from which, following a ship casualty, triggers the Secretary of State’s powers of intervention under the Merchant Shipping Act 1995, sect. 137, in accordance with s. 138A.

By the Merchant Shipping (Prevention of Pollution) (Intervention) Order 1980, SI 1980/1093, adopted under sect. 20 of the Merchant Shipping Act 1979, the U.K. gave effect to the Protocol of 2 November 1973 and to the Intervention Convention 1969 applying the Convention to pollution caused by certain harmful chemicals other than oil, enumerated in the Annex to the Protocol.

The Dangerous Vessels Act 1985, U.K. 1985, c. 22.

The Food and Environment Protection Act 1985, U.K. 185, c. 48, Part II which replaced the Dumping at Sea Act 1974, (1974) U.K. c. 20 providing for the ratification of the Dumping from Ships and Aircraft Convention 1972, and the Dumping of Wastes Convention, 1972.

The Merchant Shipping Act 1995, U.K. 1995, c. 21, Chapter III, Part 1 at sects. 152 and 153 gives effect to the C.L.C. 1969, as amended by its 1992 Protocol, refd. to as the “International Convention on Civil Liability for Oil Pollution Damage 1992”. See the Merchant Shipping Act 1995, sect. 152(1). At sect. 128(1), the Merchant Shipping Act 1995 also gives the U.K. Government the power to enforce the International Convention for the Prevention of Pollution from Ships, 1973, the Protocol relating to Intervention on the High Seas in Cases of Marine Pollution by Substances other than Oil, 1973, and the OPRC Convention 1990. Sect 129 provides for Orders in Council giving effect to provisions of the United Nations Law of the Sea Convention, 1982, for the protection or preservation of the marine environment from pollution by matter from ships. See also the Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996, SI 1996/282 (in force 28 February 1996).

The Merchant Shipping (Liability and Compensation for Oil Pollution Damage) (Transitional Provisions) (Revocation) Order 1997, SI 1997/2566 (in force 16 May 1998), revokes a transitional order of 1996 concerning the C.L.C. 1969, consequentially upon the U.K.’s ceasing to be a party to the C.L.C. 1969 and thus being a party solely to the C.L.C. 1992 . From May 16, 1998, States party to the 1992 Protocol ceased to be party to the C.L.C. 1969 as the result of a mechanism for compulsory denunciaton of the 1969 regime established by the 1992 Protocol.

The Merchant Shipping (Pollution) Act 2006, U.K. 2006, c. 8, authorized the making of an Order in Council whereby the U.K. could implement the Protocol of 2003 establishing the International Supplementary Fund for Compensation for Oil Pollution Damage. The Merchant Shipping (Oil Pollution) (Supplementary Fund Protocol) Order 2006 (SI 2006/1265) was made on 9 May 2006, amending the Merchant Shipping Act 1995, U.K. 1995, c. 21, so as to give legal effect to the Supplementary Fund Protocol, as well as sect. 20 of the Supreme Court Act 198, U.K. 1981, c. 54.

The Merchant Shipping (Pollution) Act 2006, U.K. 2006, c. 8, further authorized the making of an Order in Council to enable the U.K. to implement Annex VI of the MARPOL Convention 1973/78 (Regulations for the Prevention of Air Pollution from Ships) by amending sect. 128 (1) of the Merchant Shipping Act 1995, U.K. 1995, c. 21. Accordingly, on 9 May 2006, the Merchant Shipping (Prevention of Air Pollution from Ships) Order 2006 (SI 2006/1248) was made. The Merchant Shipping (Pollution) Act 2006 also amended sect. 178(1) of the Merchant Shipping Act 1995, so as to clarify that the time limit under that statute for claiming compensation from the International Oil Pollution Compensation Fund (I.O.P.C. Fund) is three years from the date when the damage occurred, as provided by art. 6 of the Fund Convention 1992.

The Merchant Shipping (OPRC Convention) Order 1997, SI 1997/2567 (in force 2 December 1997), enables the Secretary of State to make regulations for the purpose of giving effect to the OPRC Convention 1990, particularly in respect of (1) the carrying out of inspections for that purpose; (2) the extra-territorial operation of the regulations; and (3) punishment for offences relating to specific contraventions of the regulations.

The Merchant Shipping and Maritime Security Act 1997, U.K. 1997, c. 28, sect. 14 and Schedule 3, adds to Part VI of the Merchant Shipping Act 1995, Chapter V (Carriage of Hazardous and Noxious Substances), comprising sects. 182A-182C, and Schedule 5A. This legislation permits the bringing into force of the HNS Convention 1996 by Order in Council, following ratification by the U.K., and also permits effect to be given to it by such an Order whether or not it has come into force.

The United Kingdom acceded to the Law of the Sea Convention 1982 on 25 July 1997. By the Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order, SI 1996/282, of 14 February 1996, in force 28 February 1996, the U.K. gave effect to provisions of the Convention dealing with the preservation and protection of the marine environment from pollution by matter from ships.

The Merchant Shipping (Oil Pollution) (Bunkers Convention) Regulations 2006 (SI 2006/1244) amending the Merchant Shipping Act 1995, Part 6, Chapter 3, were adopted in order to implement Council Decision 2002/762/EC authorizing the Member States of the European Union, in the interests of the Comunity, to sign, ratify or accede to the The International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001.

France

The Law of 17 December 1926 as amended by Law No. 79-1 of 2 January 1979 (The Disciplinary and Penal Code of the French Merchant Marine) ratifies the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (Law No. 86-1271 of 15 December 1986 extended its scope).

The Prevention of Pollution of the Sea by Oil Pollution, 1954 was promulgated in France by Decree No. 58-922 of 7 October 1958. The 1969 amendment to the Convention was promulgated by Decree No. 78-24 of 4 January 1978. See also Law No. 64-1331 of 26 December 1964 in respect of pollution of the sea by oil, amended by Law No. 73-477 of 16 May 1973 and Law No. 79-5 of 2 January 1979. France also adopted most of the numerous amendments that followed in 1978, in 1989, in 1990, in 1992, in 1995, and in 1996.

The Dumping from Ships and Aircraft Convention, 1972, was authorized for ratification by Law No. 73-1198 of 27 December 1983 and promulgated by Decree No. 74-494 of 17 May 1974. See also Law No. 76-599 of 7 July 1976 and Decree No. 82-842 of 29 September 1982 in respect of dumping from ships and aircraft and in respect of accidental pollution. See also Law No. 76-600 of 7 July 1976 in respect of dumping of incinerated wastes. The Dumping of Wastes Convention, 1972, was promulgated by Decree of 28 September 1977; the 1978 amendment was promulgated by Decree No. 82-426 of 29 May 1982. France is also a party to the Oslo Convention of 15 February 1972 on dumping in the North Sea and North East Atlantic and to the Ospar Convention 1992 on the Protection of the Marine Environment of the North East Atlantic.

The 1969 Intervention Convention, was promulgated by Decree No. 75-553 of 26 June 1975. France also put into force the 1973 London Protocol, by Decree No. 86-1076 of 24 September 1986.

The C.L.C., 1969, was ratified on 17 March 1975, came into effect on 26 June 1975 by Decree No. 75-553 and was implemented internally by Law No. 77-530 of 25 May 1977. The 1976 amending Protocol was authorized for ratification by Law No. 79-1148 of 29 December 1979 and promulgated by Decree 81-473 of 7 May 1981. The 1984 Protocol was approved on 8 September 1987, but it never came into force. Authorized by Law No. 94-478 of 10 June 1994, France also approved the 1992 Protocol on 29 September 1994 by Decree No. 96-718 of 7 August 1996, and the Protocol came into force 30 May 1996.

The Fund Convention, 1971, was acceded to in May 1978, was authorized for ratification by Law No. 77-1407 of 23 December 1977 and promulgated by Decree No. 78-1186 of 18 December 1978. The 1976 amending Protocol was authorized for ratification by Law No. 79-1148 of 29 December 1979. And authorized by Law No. 94-479 of 10 June 1994, France approved the 1992 Protocol to the Fund Convention, 1971 on 29 September 1994 by Decree No. 96-719 of 7 August 1996, and the Protocol came into force 30 May 1996.

Law No. 64-1331 of 26 December 1964 on pollution liability and detention of ships, as amended by Law No. 73-477 of 16 May 1973 and Law No. 79-5 of 2 January 1979, was repealed and replaced by Law No. 83-583 of 5 July 1983 which took into account Annex I of the MARPOL 73/78 Convention and which provides for penalties within the meaning of the Intervention Convention 1969. Law No. 83-583 was amended several times, was codified in the Code de l’environnement in 2000, and was further amended in 2001 and 2003. Law No. 2004-204 of 9 March 2004 significantly increased the penal sanctions (imprisonment and fines) for both intentional and accidental pollution caused by the illegal dumping of wastes into French waters.

The Convention for the Prevention of Marine Pollution by Soil was authorized for ratification by Law no. 76-1180 of 22 December 1976 and Decree no. 78-605 of 3 May 1978. It was modified by Protocol of 26 March 1986, as of 11 February 1990, to include prevention of transatmosphérique pollution.

The Protection of the Mediterranean Sea from Pollution Convention, Barcelona, 16 February 1976 was authorized for ratification by Law No. 77-1424 of 27 December 1977 and promulgated by Decree No. 78-1000 of 29 September 1978.

The Protocol relating to Intervention on the High Seas in Cases of Pollution by Substances other than Oil, 1973, as amended was authorized for ratification by Law No. 81-742 of 5 August 1981. Amendments to the Convention’s 1978 Protocol were promulgated in 1986 by Decree No. 86-25 of 3 January 1986, in 1997 by Decrees No. 97-610, 97-611 of 31 May 1997 and 97-799 of 22 August 1997, and in 1998 by Decree No. 98-1135 of 9 December 1998.

The Protocol relating to Intervention on the High Seas in cases of Marine Pollution by Substances other than Oil signed in London in 1973 was authorized for ratification by Law No. 85-1172 of 12 November 1985 and promulgated by Decree No. 86-1076 of 24 September 1986.

France authorized the ratification of the United Nations Law of the Sea Convention 1982 by Law No. 95-1311 of 21 December 1995, ratified the Convention on 11 April 1996, thus bringing it into force for France on 11 May 1996, and published it by Decree No. 96-774 of 30 August 1996.

China

China adopted the Intervention Convention 1969, in force May 1990.

The C.L.C. 1969 was acceded to in April 1980, but at the time of depositing its instrument of accession the Representative of the People’s Republic of China declared “that the signature to the Convention by Taiwan authorities is illegal and null and void.” China also became a party to the C.L.C. PROT 1976 on 29 September 1986, notifying that “…the value of the national currency, in terms of S.D.R., of the People’s Republic of China is calculated in accordance with the method of valuation applied by the International Monetary Fund.” And just recently, the C.L.C. PROT 1992 was adopted on 29 March 1999.

The International Convention on the Prevention of Maritime Pollution by Dumping of Wastes Convention, 1972, came in force for China in December 1985.

China became a party to the MARPOL 73/78 in May 1990.

Several statutes and bylaws were also enacted in China with respect to pollution, e.g. the Maritime Environment Protection Law of China, 1982; the Bylaw of Environment Protection for Maritime Exploitation of Oil of China, 1983; the Administrative Regulation of Dumping of Wastes in Ocean, 1985.

China ratified the United Nations Law of the Sea Convention 1982 on 7 June 1996.

By William Tetley, Q.C.

Related Fields

Related topics include:

International Environmental Law

Find this subject in this World legal encyclopedia.

Environmental Law Violations

Find this subject in this World legal encyclopedia.

Clean Air

Find this subject in this World legal encyclopedia.

Environmental Law

Find this subject in this World legal encyclopedia.

Environmental Policy

Find this subject in this World legal encyclopedia.

Pollution

Find this subject in this World legal encyclopedia.

Pollution

Embracing mainstream international law, this section on pollution explores the context, history and effect of the area of the law covered here.

Resources

See Also

  • International Environmental Law
  • Environmental Law Violations
  • Clean Air
  • Environmental Law
  • Environmental Policy
  • Pollution

Resources

Further Reading

  • The entry “pollution” in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic Dictionary of International Law, 2009), Oxford University Press

Resources

Notes and References

  1. Charles M. Scanlan, The Clergyman’s Hand-book of Law. The Law of Church and Grave (1909), Benziger Brothers, New York, Cincinnati, Chicago

See Also

  • Religion
  • Church

Hierarchical Display of Pollution

Environment > Deterioration of the environment
Environment > Environmental policy > Pollution control measures > Prevention of pollution
Environment > Environmental policy > Pollution control measures
Environment > Deterioration of the environment > Nuisance > Pollutant
Environment > Deterioration of the environment > Nuisance
Environment > Environmental policy > Cost of pollution
Environment > Environmental policy > Pollution control measures > Pollution control > Degree of pollution
Environment > Environmental policy > Environmental policy > Environmental monitoring

Pollution

Concept of Pollution

See the dictionary definition of Pollution.

Characteristics of Pollution

[rtbs name=”xxx-xxx”]

Resources

Translation of Pollution

Thesaurus of Pollution

Environment > Deterioration of the environment > Pollution
Environment > Environmental policy > Pollution control measures > Prevention of pollution > Pollution
Environment > Environmental policy > Pollution control measures > Pollution
Environment > Deterioration of the environment > Nuisance > Pollutant > Pollution
Environment > Deterioration of the environment > Nuisance > Pollution
Environment > Environmental policy > Cost of pollution > Pollution
Environment > Environmental policy > Pollution control measures > Pollution control > Degree of pollution > Pollution
Environment > Environmental policy > Environmental policy > Environmental monitoring > Pollution

See also

  • Contamination
  • Discharge of pollutants

Posted

in

, , ,

by

SALVADOR

Tags:

, , , , , , , , , , , , ,