Have Rules of Major Maritime Conventions Led to a Reduction in Ship-source Accidental Pollution? A Correlation Issue
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Accidental pollution disasters from ships, e.g. the Amoco Cadiz, the Erika, and the Exxon Valdez incidents, periodically worry the international community. Oil pollution catastrophe happened yet again off Taean in South Korea on 7 December 2007 after the Sea Prince disaster in 1995. The super tanker Hebei Spirit was hit by a crane-carrying barge and holed on its hull plate and spilled a large amount of oil into the sea, and the accident was labelled as the country’s worst ever oil-spill disaster since 1995. Vessel accidents are considered to be prone to accidental pollution which, in the worst case, results in astronomical clean-up cost and compensation for damages to fisheries. With regard to the current catastrophe, some basic questions are asked; can the international community concerned about ship-source oil pollution not crack down on those vessel accidents? Are existing international maritime conventions to deal with maritime accidents and accidental pollution well-performing?The aim of this article is to re-examine whether major international maritime conventions have improved shipping safety and have led to a reduction in accidental pollution and to find out what role Port State Control (PSC) can play. In fact, there is always a correlation problem. It is difficult to be certain that the decrease in accidental pollution is due to IMO Conventions, and to prove this. Given that discussion deals with the observation of safety conventions, it is best to deal with a possible correlation in this article. It is stated that in order to deal with vessel accidents and accidental pollution more effectively, the international community has periodically reviewed rules and standards for the prevention of accidental pollution and has modified them accordingly. It is arguable that those modifications have had the effect of increasingly encouraging port States to be more involved in a crackdown on sub-standard ships. The regularly-happening changes to international rules and standards suggest that the international community is devoted to the enhancement of shipping safety and minimization of accidental pollution. It is difficult to assess the exact extent to which international maritime conventions have improved the safety of ships at sea and reduced accidental pollution from ships, but no one can deny that such maritime conventions have played a vital role in enhancing shipping safety and in reducing accidental pollution. It is argued that if vessel accidents causing pollution are something that cannot be eradicated, thorough enforcement by flag States of rules and standards of international maritime conventions and, if not, by the port State authorities is something that can reduce possibilities of such accidents.
Abstract
Accidental pollution disasters from ships, e.g. the Amoco Cadiz, the Erika, and the Exxon Valdez incidents, periodically worry the international community. Oil pollution catastrophe happened yet again off Taean in South Korea on 7 December 2007 after the Sea Prince disaster in 1995. The super tanker Hebei Spirit was hit by a crane-carrying barge and holed on its hull plate and spilled a large amount of oil into the sea, and the accident was labelled as the country’s worst ever oil-spill disaster since 1995. Vessel accidents are considered to be prone to accidental pollution which, in the worst case, results in astronomical clean-up cost and compensation for damages to fisheries. With regard to the current catastrophe, some basic questions are asked; can the international community concerned about ship-source oil pollution not crack down on those vessel accidents? Are existing international maritime conventions to deal with maritime accidents and accidental pollution well-performing?The aim of this article is to re-examine whether major international maritime conventions have improved shipping safety and have led to a reduction in accidental pollution and to find out what role Port State Control (PSC) can play. In fact, there is always a correlation problem. It is difficult to be certain that the decrease in accidental pollution is due to IMO Conventions, and to prove this. Given that discussion deals with the observation of safety conventions, it is best to deal with a possible correlation in this article. It is stated that in order to deal with vessel accidents and accidental pollution more effectively, the international community has periodically reviewed rules and standards for the prevention of accidental pollution and has modified them accordingly. It is arguable that those modifications have had the effect of increasingly encouraging port States to be more involved in a crackdown on sub-standard ships. The regularly-happening changes to international rules and standards suggest that the international community is devoted to the enhancement of shipping safety and minimization of accidental pollution. It is difficult to assess the exact extent to which international maritime conventions have improved the safety of ships at sea and reduced accidental pollution from ships, but no one can deny that such maritime conventions have played a vital role in enhancing shipping safety and in reducing accidental pollution. It is argued that if vessel accidents causing pollution are something that cannot be eradicated, thorough enforcement by flag States of rules and standards of international maritime conventions and, if not, by the port State authorities is something that can reduce possibilities of such accidents.
참고문헌 (20)
- Abecassis, D., "Oil Pollution from Ships: International, United Kindom and United States Law and Practice 2nd edition" (1985), Stevens & Sons Ltd
- Alcock, T., "Ecology Tankers and the Oil Pollution Act of 1990: A History of Efforts to Require Double-hulls on Oil Tankers", Ecology Law Quarterly, 19 (1992)
- Bang, H.-S., "Is Port State Control an Effective Means to Combat Vessel-Source Pollution? An Empirical Survey of the Practical Exercise by Port States of Their Powers of Control", International Journal of Marine and Coastal Law, 23, pp.715~ (2008)
- Bang, H.-S., "Port state jurisdiction and article 218 of the UN convention on the law of sea", JOURNAL OF MARITIME LAW AND COMMERCE, 40(2), pp.291~313 (2009), JEFFERSON LAW BOOK COMPANY
- Boisson, P., "Safety at Sea: Policies, Regulation and International Law" (1999), Bureau Veritas
- Churchill, R., "The Law of the Sea" (1999), Manchester University Press
- Dixon, T., "Annual Survey of Reported Discharges Attributed to Vessels and Offshore Oil and Gas Installations Operating in the United Kingdom Pollution Control Zone" (2004), London
- Duruigbo, E., "Reforming the International Law and Policy on Marine Oil Pollution", Journal of Maritime Law and Commerce, 31 (2000)
- Griffin, A., "MARPOL 73", 78 and Vessel Pollution: A Glass Half Full or Half Empty, 1994, pp.1, ~
- Hakapää K., "Marine Pollution in international law: Material Obligation and Jurisdiction, with Special Reference to the Third United Nations Conference on the Law of the Sea", Suomalainen Tiedeakatemia (1981), Helsinki
- Hare, J., "Port State Control: Strong Medicine to Cure a Sick Industry", Georgia Journal of International and Comparative Law, 26, pp.1996~1997
- Kasoulides, G., "Port State Control and Jurisdiction: Evolution of the Port State Regime" (1993), Martinus Nijhoff Publishers
- Mankabady, S., "The International Maritime Organization Volume 2 Accidents at Sea" (1987), Croom Helm
- Mooradian, C., "Protecting ‘Sovereign Rights’: The Case for Increased Coastal State Jurisdiction over Vessel-Source Pollution in the Exclusive Economic Zone", Boston University Law Review, 82 (2002)
- Nordquist, M., "United Nations Convention on the Law of the Sea 1982 A Commentary" (1995), Martinus Nijhoff Publishers
- "U.S. Coast Guard Research & Development Centre/Human Error and Marine Safety”, at"[URL]
- Yearbook of the International Law Commission 1956 Volume II, "United Nations", Report of the International Law Commission to the General Assembly, ~
- Vukas, B., "Generally Accepted International Rules and Standards", 23 Law of the Sea Institute Proceedings (1990)
- Watts, A., "he International Law Commission 1949–ュ1998 Volume І:The Treaties" (1999), Oxford University Press
- "Preventing Marine Pollution: The Environmental Threat"[URL]
