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Gene,.1 A••Embly Diltr ~,:, ; . ' UNITED NATIONI A Gene,.1 A••embly Diltr. GENBRAL • 1./44/461 18 September 1989 ORIGINALa BNGLISH Forty-fourth ses,ion Item 30 of the provisional agenda* LAW or THB SEA Protection and preservation of the marine environment Report of the Secretary-General CONTENTS Paragraphs fIQA I. INTRODUCTION •••••••••••••••••••••••••••••••••••••••••••••• 1 - 3 4 II. THB SIGNIFICANCB or THE UNITBD NATIONS CONVINTION ON THB LAW or THE SBA TO THE PROTBCTION AND PRESERVATION or THB MARINE ENVIRONMENT •••••••••••••••••••••••••••••••••••••••• 4 - 20 4 A. A global legal framework for the marine environment ••• 4 - 8 4 B. A mechanism fo~ accommodating ocean uses and lnterests 9 5 C. A system for sustainable development •••••••••••••••••• 10 - 13 6 D. An in8tr~ent promoting the development and transfer of marine Bcience and marine technology •••••••••••••••••• 14 7 E. h model for the evolution of international environmental law ••••••••••••••••••••••••••••••••••••• 15 - 20 7 * A/44/150. 89-20276 1018g (E~ I• •• L/64.1661 111l91hh Pat- 2 CONTENTS (continued) Paragr.pb. 2IRI :nr. 'tHI PROTECTION AND PRESERVATION 01' THE MARINI INVIRONMBNT mmlR THE UNITBD NATIONS CONVENTION ON THI LAW 01' THI SIA 21 - 74 8 ~. Ri.torical background ••••••••••••••••••••••••••••••••• 21 - 25 8 a. Definition of pollution of the marine environment ••••• 26 C. Obligation. of States ••••••••••••••••••••••••••••••••• 21 - 51 1. Land-based sources of pollution ••••••••••••••••••• 39 12 2. Sea·bed activities subject to national jurisdiction 40 - 41 12 3. Activities in the Area •••••••••••••••••••••••••••• 42 - 44 13 4 • Dumping ••••••••••••••••••••••••••••••••••••••••••• 45 13 5. Vessel-source pollution ••••••••••••••••••••••••••• 46 - 54 14 6. Ice-covered areas ••••••••••••••••••••••••••••••••• 5S 16 7. Pollution from or through the atmosphere •••••••••• 56 16 8. Marine scientific research •••••••••••••••••••••••• 51 16 D. Safeguards •••••••••••••••••••••••••••••••••••••••••••• 58 - 62 17 B. Rdsponsibility and liability •••••••••••••••••••••••••• 63 - 64 18 r. Sovereign immunity • •••••••••••••••••••••••••••••••• I' •• 65 - 66 18 G. Conservation of the living resources ••••••••••••••••• , 61 - 11 18 H. Settlement of disputes •••••••••••••••••••••••••••••••• 72 - 13 19 I. Relationship with nther conventions ••••••••••••••••••• '14 20 IV. aBLATID GLOBAL AND REGIONAL INSTPUMBNTS • •••••••••••••••••• 15 - 97 20 V. STATE or THE WORLD'S OCEANS ••••••••••••••••••••••••••••••• 98 - 114 24 VI. ARIAS FOR POSSIBLE FURTHER ACTION ••••••••••••••••••••••••• 115 - 136 28 A. RegUlation of land-based sources of pollution ••••••••• 118 - 119 28 B. iegulatiou of pollution from or through the atmos~here 120 - 123 29 I• •• A/44/461 Bngll1h Page 3 CONTBNTS (continued) C. International cc-operation to deal with oil spill dilaltere ••••••••••.••••••••••••••••••••••••••••••••••• 124 - 125 20 D. Bapanlion of regional co-operation ••••••••••••••••••••• 126 30 B. Regulation of pollution by dumping ••••••••••••••••••••• 127 - 128 30 r. Regulation of pollution fr~m sea-bed activitiel subject t~ natio~al jurisdiction ••••••••••••••••••••••••••••••• 120 30 G. R.lponsibi11ty and liability for damage from pollution. 130 - 132 31 R. Bnforc.m~nt ~f p~llutlofl laws •••••••••••••••••••••••••• 133 - 134 31 I. Wid.r adhereuce to esllting instrumentl •••••••••••••••• 135 - 136 32 APp... Multilateral treatiel relating to the protection and preservation of the marine environment ••••••••••••••••••••••••••••••••••••••••••••• 36 I• •• A/44/461 Enql1sh Pa:,e 4 I. INTRODUCTION 1. This report is submitted to the General Assembly in responDe to its resolution 43/18 of 1 November 1988, in which the Assembly, expressing deep concern at the current state of the marine environmunt, requested the Secretary-General to prepare for the Assembly at its forty-fourth session a special report on recent developments related to the protection and preservation of the marine environment in the light of the relevant provisions of tha United Nations Convention on the Law of the Sea. 11 2. The report consists of five sections. Section I gives an overview of the Convention as embodying a global framework of new environmental law, a mechanism for accommodating ocean uses and interests, a system for environmentally sound and sustainable development, an instrument promoting the develo~ment and transfer of marine science and marine technology within the context of the protection and preservation of the marine environment, and a model for the evolution of international environmental law. Section 11 presents an analytical summary of those plJvisions of the Convention which relate to the protection and preservation of the marine environment. Section III contains a survey of mUltilateral treaties relevant to the provisions of the Convention in order to assess the extent to which those provisions have already been reflected or developed in the instruments adopted at the global and regional levels. Section IV contains an assessment of the current state of the marine environment. On the basis of the survey and assessments made in sections III and IV, an attempt is made in section V to identify major areas on which future actions should be focused. 3. A list of all major multilateral treaties that are relevant to the protection and preservation of the marine environment, with annotations as to their current status, is annexed to the report. 11. THE SIGNIFICANCE OF THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA TO THE PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT A. A global legal framewQrk fQr the marine env~r9nment tl 4. The United Nations CQnvention on the Law of the Sea (tithe ConventiQn ) has, as one Qf its primary objectlves, the establishment Qf a legal order designed to facilitate international communication and to promote the peaceful uses Qf the seas and oceans, the equitable and efficient utilization of their resources, the conservation of their living reSQurces and the protection and preservation of the marine envirQnment. The Convention devotes an entire Part - Part XII, consisting of 46 articles - to the protection and preservation of the marine envirQnment. In addition, several other articles contain provisions relating tQ the subject. The emphasis the Convention places on protecting and preserving the marine environment throws into relief the primordial importance, increasingly recognized, of the ocean in maintaining the global ecological balance and in controlling and moderating the world climate, including the impact of the "greenhouse" effect. / ... A/44/461 Euglibh Page 5 5. A fair evaluation of the provisions in Part XII and other articlec of the Convention must emphasize the point that they are not merely a restatement of existing conventional law or practice but are constitutional in characterl they are the first comprehensive statement of internationa~ law on the issue. ~he provisions illustrate a trend towards the protection and preservation of the marine envi.:'onment through regulation based upon an all embral.:ing an1 integrated conception of the ocean as an exhaustible and finite resource and of ocean usage as a resource management question. 6. The provisions of the Convention on the protection and preservation of the marine environment also illustrate a shift in regulatory practice. Part XII is the first attempt at a legislative response to the problem of marine pollution. It is the first comprehensive codification of the principles on marine pollution articulated at the 1972 United Nations Conference on the Human Environment l/ (the Stockholm Conference). Despite the fact that the Convention imposes extensive obligations on States and on competent international organizations (including those international organizations whicn may become parties to the Convention), consensus on those provisions was achieved at a comparatively early stage in the negotiations of the Convention. This is indicative of the Hnanimous concern of the world community about the problem of marine pollution and the common resolve to find the required solutions. 7. Part XII and the associated provisions in the Convention are important in the general development of international law becduse th~y comprise the first such attempt to develop a comprehensive framework of international law in response to the deterioration of and threats to the marine environment. More importantly, however, and reflective of the nature of its subject-matter, Part XII is expressly clesigned to operate as an "umbrella" for further global, regional and national actions. In addition to its traditional "norm-setting" function, Part XII expressly recognized and, indeed, mandated regional apprcaches. For example, section 2 of that Part is entitled "Global and regional co-operation" and directs States to co-operate on a global and, as appropriate, on a regional basis, "taking into account characteristic regional features" (see art. 19; of the Convention). 8. It is important to reiterate that not all provisions relating to marine pollution are found in Part XII If the Convention. This fact reflects the close relationship among the different parts of the Convention. It also reflects the reality of, and the regulatory problem posed by, marine pollution, and the extent to which the problem affects or is affected by almost every other issue of ocean use dealt with in the Convention, for example, freedom of navigation, the conservation, management and exploitation of resources, the right of passage of vessels and the overflight of aircraft, marine scientific r6search,
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