public has the statutory right to lay an information to the relevant authorities if there
is reason to believe that the vessel in question should not be permitted to proceed to
sea because of its unseaworthy (dangerously unsafe) conditions.
3.3 Environmental Protection
Environmental protection mainly has to do with protection of the marine environment from ship generated pollution as well as ways of containment and mitigation
after pollution damage has occurred. Since the adoption of the OILPOL Convention
in 1954 followed by MARPOL 73/78, environmental protection has been at the
forefront of standards, non-compliance with which will render a ship being labelled
as substandard. If a ship is not properly equipped with pollution control equipment
as required by MARPOL or does not adhere to the discharge standards prescribed by
MARPOL, that ship will undoubtedly be considered substandard unless it falls
within an exception expressly provided for in the Convention. The adage that safety
of human life takes precedence over all other matters including cargo safety and
pollution prevention is one that is entrenched in this branch of regulatory
maritime law.
MARPOL is the principal convention dealing with prevention of ship-source
pollution. It addresses six varieties of pollutants addressed in six Annexes to the
Convention. These are oil, noxious liquid substances (NLS), packaged harmful
substances, sewage, garbage and air pollution. The object of the Convention as
indicated by its title is to prevent pollution of the seas by pollutants emanating from
the ship. In order to meet that objective, there are twofold detailed, technical,
regulatory requirements in the convention. There are requirements specifying equipment that must be installed on board to prevent, monitor and control discharges of
pollutants from ships exceeding the prescribed limits. The others are the discharge
standards themselves to which ships must adhere. Incidental to these, there are
designated special areas where no discharges are allowed. More stringent and
detailed standards apply to tankers. A ship that fails to comply with these requirements would be considered substandard and subjected to sanctions such as detention
prescribed in the MARPOL. There are numerous other requirements that do not
pertain to ships but to state parties to MARPOL, such as provision of shore reception
facilities. As in the case of SOLAS, the convention provides for legislative and
enforcement jurisdiction by flag states and enforcement jurisdiction by port states.
The Oil Pollution Preparedness and Response Convention (OPRC),1990
66 is
concerned with preparedness for pollution before the fact which includes contingency planning as well as mitigation and response measures to be taken after an oil
spill has occurred. While MARPOL essentially deals with operational discharges,
66 International Convention on Oil Pollution Preparedness, Response and Cooperation, 1990 30 ILM
733 (1991) and OPRC-HNS Protocol, 2000 HNS-OPRC/CONF/11/Rev.1.
594
R. Mukherjee
is reason to believe that the vessel in question should not be permitted to proceed to
sea because of its unseaworthy (dangerously unsafe) conditions.
3.3 Environmental Protection
Environmental protection mainly has to do with protection of the marine environment from ship generated pollution as well as ways of containment and mitigation
after pollution damage has occurred. Since the adoption of the OILPOL Convention
in 1954 followed by MARPOL 73/78, environmental protection has been at the
forefront of standards, non-compliance with which will render a ship being labelled
as substandard. If a ship is not properly equipped with pollution control equipment
as required by MARPOL or does not adhere to the discharge standards prescribed by
MARPOL, that ship will undoubtedly be considered substandard unless it falls
within an exception expressly provided for in the Convention. The adage that safety
of human life takes precedence over all other matters including cargo safety and
pollution prevention is one that is entrenched in this branch of regulatory
maritime law.
MARPOL is the principal convention dealing with prevention of ship-source
pollution. It addresses six varieties of pollutants addressed in six Annexes to the
Convention. These are oil, noxious liquid substances (NLS), packaged harmful
substances, sewage, garbage and air pollution. The object of the Convention as
indicated by its title is to prevent pollution of the seas by pollutants emanating from
the ship. In order to meet that objective, there are twofold detailed, technical,
regulatory requirements in the convention. There are requirements specifying equipment that must be installed on board to prevent, monitor and control discharges of
pollutants from ships exceeding the prescribed limits. The others are the discharge
standards themselves to which ships must adhere. Incidental to these, there are
designated special areas where no discharges are allowed. More stringent and
detailed standards apply to tankers. A ship that fails to comply with these requirements would be considered substandard and subjected to sanctions such as detention
prescribed in the MARPOL. There are numerous other requirements that do not
pertain to ships but to state parties to MARPOL, such as provision of shore reception
facilities. As in the case of SOLAS, the convention provides for legislative and
enforcement jurisdiction by flag states and enforcement jurisdiction by port states.
The Oil Pollution Preparedness and Response Convention (OPRC),1990
66 is
concerned with preparedness for pollution before the fact which includes contingency planning as well as mitigation and response measures to be taken after an oil
spill has occurred. While MARPOL essentially deals with operational discharges,
66 International Convention on Oil Pollution Preparedness, Response and Cooperation, 1990 30 ILM
733 (1991) and OPRC-HNS Protocol, 2000 HNS-OPRC/CONF/11/Rev.1.
594
R. Mukherjee