Protection & Preservation of the Marine Environment 2

Protection & Preservation of the Marine Environment

 

Article 203
Preferential treatment for developing States

Developing States shall, for the purposes of prevention, reduction and
control of pollution of the marine environment or minimization of its
effects, be granted preference by International Organizations in:

(a) the allocation of appropriate funds and technical assistance; and
(b) the utilization of their specialized services.

SECTION 4. MONITORING AND ENVIRONMENTAL
ASSESSMENT

Article 204
Monitoring of the risks or effects of pollution

1. States shall, consistent with the rights of other States, endeavour, as
far as practicable, directly or through the competent international
organizations, to observe, measure, evaluate and analyse, by recognized
scientific methods, the risks or effects of pollution of the marine
environment.

2. In particular, States shall keep under surveillance the effects of any
activities which they permit or in which they engage in order to determine
whether these activities are likely to pollute the marine environment.

Article 205
Publication of reports

States shall publish reports of the results obtained pursuant to article
204 or provide such reports at appropriate intervals to the competent
International Organizations , which should make them available to all
States.

Article 206
Assessment of potential effects of activities

When States have reasonable grounds for believing that planned activities
under their jurisdiction or control may cause substantial pollution of or
significant and harmful changes to the marine environment, they shall, as
far as practicable, assess the potential effects of such activities on the
marine environment and shall communicate reports of the results of such
assessments in the manner provided in article 205.

SECTION 5. INTERNATIONAL RULES AND
NATIONAL LEGISLATION TO PREVENT,
REDUCE AND CONTROL POLLUTION OF THE
MARINE ENVIRONMENT

Article 207
Pollution from land-based sources

1. States shall adopt laws and regulations to prevent, reduce and control
pollution of the marine environment from land-based sources, including
rivers, estuaries, pipelines and outfall structures, taking into account
internationally agreed rules, standards and recommended practices and
procedures.

2. States shall take other measures as may be necessary to prevent, reduce
and control such pollution.

3. States shall endeavour to harmonize their policies in this connection at
the appropriate regional level.

4. States, acting especially through competent international organizations
or diplomatic conference, shall endeavour to establish global and regional
rules, standards and recommended practices and procedures to prevent,
reduce and control pollution of the marine environment from land-based
sources, taking into account characteristic regional features, the economic
capacity of developing States and their need for economic development. Such
rules, standards and recommended practices and procedures shall be
reexamined from time to time as necessary.

5. Laws, regulations, measures, rules, standards and recommended practices
and procedures referred to in paragraphs 1, 2 and 4 shall include those
designed to minimize, to the fullest extent possible, the release of toxic,
harmful or noxious substances, especially those which are persistent, into
the marine environment.

Article 208
Pollution from sea-bed activities subject to
national jurisdiction

1. Coastal States shall adopt laws and regulations to prevent, reduce and
control pollution of the marine environment arising from or in connection
with seabed activities subject to their jurisdiction and from artificial
islands, installations and structures under their jurisdiction, pursuant to
articles 60 and 80.

2. States shall take other measures as may be necessary to prevent, reduce
and control such pollution.

3. Such laws, regulations and measures shall be no less effective than
international rules, standards and recommended practices and procedures.

4. States shall endeavour to harmonize their policies in this connection at
the appropriate regional level.

5. States, acting especially through competent international organizations
or diplomatic conference, shall establish global and regional rules,
standards and recommended practices and procedures to prevent, reduce and
control pollution of the marine environment referred to in paragraph 1.
Such rules, standards and recommended practices and procedures shall be
re-examined from time to time as necessary.

Article 209
Pollution from activities in the Area

1. International rules, regulations and procedures shall be established in
accordance with Part XI to prevent, reduce and control pollution of the
marine environment from activities in the Area. Such rules, regulations and
procedures shall be re-examined from time to time as necessary.

2. Subject to the relevant provisions of this section, States shall adopt
laws and regulations to prevent, reduce and control pollution of the marine
environment from activities in the Area undertaken by vessels,
installations, structures and other devices flying their flag or of their
registry or operating under their authority, as the case may be. The
requirements of such laws and regulations shall be no less effective than
the international rules, regulations and procedures referred to in
paragraph 1.

Article 210
Pollution by dumping

1. States shall adopt laws and regulations to prevent, reduce and control
pollution of the marine environment by dumping.

2. States shall take other measures as may be necessary to prevent, reduce
and control such pollution.

3. Such laws, regulations and measures shall ensure that dumping is not
carried out without the permission of the competent authorities of States.

4. States, acting especially through competent international organizations
or diplomatic conference, shall endeavour to establish global and regional
rules, standards and recommended practices and procedures to prevent,
reduce and control such pollution. Such rules, standards and recommended
practices and procedures shall be re-examined from time to time as
necessary.

5. Dumping within the territorial sea and the Exclusive Economic Zone or
onto the Continental Shelf shall not be carried out without the express
prior approval of the coastal State, which has the right to permit,
regulate and control such dumping after due consideration of the matter
with other States which by reason of their geographical situation may be
adversely affected thereby.
6. National laws, regulations and measures shall be no less effective in
preventing, reducing and controlling such pollution than the global rules
and standards.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Continental Shelf, Exclusive Economic Zone, International Organizations, Protection & Preservation of the Marine Environment.


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