6 Concluding Remarks: Integration of Port Reception
Facilities with National Waste Management Systems
The connection between the adequacy of port reception facilities and waste management on land operationalizes the obligation established in Article 195 of
UNCLOS, which prohibits the transfer of pollution hazards from one place to
another and the transformation of pollution sources. The IMO as the competent
international organization has the capacity to develop GAIRS in order to prevent,
control, and remedy ship-source pollution. Such prevention inevitable includes
standards in relation to the adequacy of port reception facilities to avoid, for instance,
illegal discharges at sea. A welcomed step in this direction is the adoption of the
IMO’s Manual Port Reception Facilities. This Manual, like any other soft law
instrument, is not mandatory. However, it provides guidance to State Parties to
MARPOL as to what ensures the provision of adequate port reception facilities
including some recommendations for achieving the ESM of wastes on land considering the standards developed under the Basel Convention.
ESM as well as the obligation prescribed in Article 195 of UNCLOS have a
sectoral integration function. Sectoral integration refers to coordination between
regulations governing different environmental media, e.g., land, sea, air. Both
attempt to prevent unintended consequences in one environmental medium, e.g.,
sea, while preventing any environmental harm in another environmental medium,
e.g., land.
MARPOL imposes several obligations for the prevention of ship-source pollution
concerning the construction, equipment, and manning of ships. In addition, operational discharges at sea are severely restricted or prohibited. Although MARPOL is
not concerned with waste management on land, the accomplishment of its purpose
will be defeated without the development of standards concerning port reception
facilities given that such facilities are linked to both the prevention of illegal
discharges at sea and the management of ship wastes on land to prevent the
transformation of one type of marine pollution into another.
In the light of both the prohibition prescribed in Article 195 of UNCLOS and
ESM, the “adequacy” of port reception facilities includes not only the reception of
wastes, but also their downstream management. The interpretation of adequacy
according to the ESM principle also implies that port reception facilities must be
integrated into national waste management systems.
The development of a common framework of ESM has been fundamental in
addressing the management of wastes beyond the peculiarities surrounding the
transboundary movement of wastes. An obvious advantage of building a legal
framework from existing instruments is that one can draw upon their existing
obligations, institutional structures, control mechanisms, and financing systems. It
also contributes to the building of bridges between different regimes, enhancing
Regime Interaction and GAIRS
33
Facilities with National Waste Management Systems
The connection between the adequacy of port reception facilities and waste management on land operationalizes the obligation established in Article 195 of
UNCLOS, which prohibits the transfer of pollution hazards from one place to
another and the transformation of pollution sources. The IMO as the competent
international organization has the capacity to develop GAIRS in order to prevent,
control, and remedy ship-source pollution. Such prevention inevitable includes
standards in relation to the adequacy of port reception facilities to avoid, for instance,
illegal discharges at sea. A welcomed step in this direction is the adoption of the
IMO’s Manual Port Reception Facilities. This Manual, like any other soft law
instrument, is not mandatory. However, it provides guidance to State Parties to
MARPOL as to what ensures the provision of adequate port reception facilities
including some recommendations for achieving the ESM of wastes on land considering the standards developed under the Basel Convention.
ESM as well as the obligation prescribed in Article 195 of UNCLOS have a
sectoral integration function. Sectoral integration refers to coordination between
regulations governing different environmental media, e.g., land, sea, air. Both
attempt to prevent unintended consequences in one environmental medium, e.g.,
sea, while preventing any environmental harm in another environmental medium,
e.g., land.
MARPOL imposes several obligations for the prevention of ship-source pollution
concerning the construction, equipment, and manning of ships. In addition, operational discharges at sea are severely restricted or prohibited. Although MARPOL is
not concerned with waste management on land, the accomplishment of its purpose
will be defeated without the development of standards concerning port reception
facilities given that such facilities are linked to both the prevention of illegal
discharges at sea and the management of ship wastes on land to prevent the
transformation of one type of marine pollution into another.
In the light of both the prohibition prescribed in Article 195 of UNCLOS and
ESM, the “adequacy” of port reception facilities includes not only the reception of
wastes, but also their downstream management. The interpretation of adequacy
according to the ESM principle also implies that port reception facilities must be
integrated into national waste management systems.
The development of a common framework of ESM has been fundamental in
addressing the management of wastes beyond the peculiarities surrounding the
transboundary movement of wastes. An obvious advantage of building a legal
framework from existing instruments is that one can draw upon their existing
obligations, institutional structures, control mechanisms, and financing systems. It
also contributes to the building of bridges between different regimes, enhancing
Regime Interaction and GAIRS
33