2 PSC in the Context of Air Pollution Prevention
and Climate Change Mitigation
There are numerous provisions in both UNCLOS and MARPOL Annex VI that
reinforce the above general provisions on port state control in the context of air
pollution prevention and climate change mitigation.
2.1 UNCLOS
UNCLOS has specific provisions relating to the prevention of pollution by ships
from or through the atmosphere
38 They also serve as the launching pad for the
enforcement of such prevention through port state control.
39 Article 212 below
prescribes a number of obligations on states party with respect to air pollution
from ships, both at the national and international levels.
Article 212
Pollution from or through the atmosphere
1. States shall adopt laws and regulations to prevent, reduce and control pollution of the
marine environment from or through the atmosphere, applicable to the air space under
their sovereignty and to vessels flying their flag or vessels or aircraft of their registry,
taking into account internationally agreed rules, standards and recommended practices
and procedures and the safety of air navigation.
2. States shall take other measures as may be necessary to prevent, reduce and control such
pollution.
3. 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.
40
Art. 212 is complemented by Art. 222, which sets out state obligations to enforce
regulations on air pollution by ships.
Article 222
Enforcement with respect to pollution from or through the atmosphere
States shall enforce, within the air space under their sovereignty or with regard to vessels
flying their flag or vessels or aircraft of their registry, their laws and regulations adopted in
accordance with article 212, paragraph 1, and with other provisions of this Convention and
shall adopt laws and regulations and take other measures necessary to implement applicable
international rules and standards established through competent international organizations
or diplomatic conference to prevent, reduce and control pollution of the marine environment
38 Mukherjee presents a diagram indicating how article 212 serves as the foundation provision for
MARPOL Annex VI; see Mukherjee (2007), p. 475.
39 Xu (2007), p. 419.
40 UNCLOS, Article 212.
532
M. Q. Mejia, Jr.
and Climate Change Mitigation
There are numerous provisions in both UNCLOS and MARPOL Annex VI that
reinforce the above general provisions on port state control in the context of air
pollution prevention and climate change mitigation.
2.1 UNCLOS
UNCLOS has specific provisions relating to the prevention of pollution by ships
from or through the atmosphere
38 They also serve as the launching pad for the
enforcement of such prevention through port state control.
39 Article 212 below
prescribes a number of obligations on states party with respect to air pollution
from ships, both at the national and international levels.
Article 212
Pollution from or through the atmosphere
1. States shall adopt laws and regulations to prevent, reduce and control pollution of the
marine environment from or through the atmosphere, applicable to the air space under
their sovereignty and to vessels flying their flag or vessels or aircraft of their registry,
taking into account internationally agreed rules, standards and recommended practices
and procedures and the safety of air navigation.
2. States shall take other measures as may be necessary to prevent, reduce and control such
pollution.
3. 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.
40
Art. 212 is complemented by Art. 222, which sets out state obligations to enforce
regulations on air pollution by ships.
Article 222
Enforcement with respect to pollution from or through the atmosphere
States shall enforce, within the air space under their sovereignty or with regard to vessels
flying their flag or vessels or aircraft of their registry, their laws and regulations adopted in
accordance with article 212, paragraph 1, and with other provisions of this Convention and
shall adopt laws and regulations and take other measures necessary to implement applicable
international rules and standards established through competent international organizations
or diplomatic conference to prevent, reduce and control pollution of the marine environment
38 Mukherjee presents a diagram indicating how article 212 serves as the foundation provision for
MARPOL Annex VI; see Mukherjee (2007), p. 475.
39 Xu (2007), p. 419.
40 UNCLOS, Article 212.
532
M. Q. Mejia, Jr.