requirements
8 that Flag States must implement and enforce since article 211
(2) UNCLOS explicitly refers to the adoption of regulations that at “least have the
same effect” of GAIRS. This means that States still have discretion to adopt stricter
standards. Third, by the incorporation of GAIRS, UNCLOS has become a progressive instrument
9 that is able to cope with legal, scientific and technological developments without the need to resort to the burdensome procedure of amendments.
10
Consequently, UNCLOS has become the basic framework to develop a comprehensive regime for the protection of the marine environment where global and regional
treaties interact and reinforce each other. The umbrella standards provided in
UNCLOS, including GAIRS, are envisioned to promote “harmonization” and
UNCLOS is the “reference point for the validity of subsequent rules on oceans
matters.”
11
Finally, GAIRS are legal mechanisms available to enhance regime interaction
between the law of the sea and other environmental law regimes. Regarding ship
source pollution, GAIRS are those rules and standards established through the
‘competent international organization or general diplomatic conference.’ It has
been widely accepted that reference in singular to “the competent international
organization” is a reference to IMO.
12 The UN General Assembly in its annual
review and evaluation regarding the implementation of UNCLOS urged States to
develop integrated waste management systems and infrastructure to deal with
discharges from ships.
13 The UN General Assembly also encouraged cooperation
between the COP to the Basel Convention and the IMO.
14 Such cooperation has led
to enhanced coordination and further development of cross-sectoral standards relating to the management of ship wastes on land drawing upon existing expertise and
institutional capacity of both the IMO and the COP to the Basel Convention.
In 2016, the IMO revised the Manual on Port Reception Facilities.
15 The manual
is of fundamental importance because it highlights that the obligation to ensure the
provision of adequate port reception facilities as established in MARPOL does not
end with the reception of ship wastes. This soft law instrument instead qualifies port
reception facilities as “adequate” if they “allow for the ultimate disposal of shipgenerated wastes and residues to take place in an environmentally sound manner.”
16
What qualifies as environmentally sound has been extensively developed in the
Basel Convention. The IMO urges the parties to MARPOL to take into account the
8 Boyle (1985), p. 353.
9 Redgwell (2016), pp. 169–171.
10 Harrison (2011), p. 171.
11 Barnes et al. (2006), p. 5.
12 Franckx (2001), p. 20; Rothwell and Stephens (2010), pp. 343–344; Harrison (2011), p. 171.
13 UN General Assembly A/RES/71/257 (20 February 2017), p. 38.
14 Ibid, p. 42.
15 IMO Port Reception Facilities – How to Do It (2016).
16 Ibid, pp. 19, 21–22. Resolution MEPC.83(44) Guidelines for Ensuring the Adequacy of Port
Waste Reception Facilities, (2000).
18
G. Argüello
8 that Flag States must implement and enforce since article 211
(2) UNCLOS explicitly refers to the adoption of regulations that at “least have the
same effect” of GAIRS. This means that States still have discretion to adopt stricter
standards. Third, by the incorporation of GAIRS, UNCLOS has become a progressive instrument
9 that is able to cope with legal, scientific and technological developments without the need to resort to the burdensome procedure of amendments.
10
Consequently, UNCLOS has become the basic framework to develop a comprehensive regime for the protection of the marine environment where global and regional
treaties interact and reinforce each other. The umbrella standards provided in
UNCLOS, including GAIRS, are envisioned to promote “harmonization” and
UNCLOS is the “reference point for the validity of subsequent rules on oceans
matters.”
11
Finally, GAIRS are legal mechanisms available to enhance regime interaction
between the law of the sea and other environmental law regimes. Regarding ship
source pollution, GAIRS are those rules and standards established through the
‘competent international organization or general diplomatic conference.’ It has
been widely accepted that reference in singular to “the competent international
organization” is a reference to IMO.
12 The UN General Assembly in its annual
review and evaluation regarding the implementation of UNCLOS urged States to
develop integrated waste management systems and infrastructure to deal with
discharges from ships.
13 The UN General Assembly also encouraged cooperation
between the COP to the Basel Convention and the IMO.
14 Such cooperation has led
to enhanced coordination and further development of cross-sectoral standards relating to the management of ship wastes on land drawing upon existing expertise and
institutional capacity of both the IMO and the COP to the Basel Convention.
In 2016, the IMO revised the Manual on Port Reception Facilities.
15 The manual
is of fundamental importance because it highlights that the obligation to ensure the
provision of adequate port reception facilities as established in MARPOL does not
end with the reception of ship wastes. This soft law instrument instead qualifies port
reception facilities as “adequate” if they “allow for the ultimate disposal of shipgenerated wastes and residues to take place in an environmentally sound manner.”
16
What qualifies as environmentally sound has been extensively developed in the
Basel Convention. The IMO urges the parties to MARPOL to take into account the
8 Boyle (1985), p. 353.
9 Redgwell (2016), pp. 169–171.
10 Harrison (2011), p. 171.
11 Barnes et al. (2006), p. 5.
12 Franckx (2001), p. 20; Rothwell and Stephens (2010), pp. 343–344; Harrison (2011), p. 171.
13 UN General Assembly A/RES/71/257 (20 February 2017), p. 38.
14 Ibid, p. 42.
15 IMO Port Reception Facilities – How to Do It (2016).
16 Ibid, pp. 19, 21–22. Resolution MEPC.83(44) Guidelines for Ensuring the Adequacy of Port
Waste Reception Facilities, (2000).
18
G. Argüello