Sunday, 17 October 2021

Archive Issues of the Journal

Olena Kostyria*

Alla Ivanova**

International legal protection of the marine environment from pollution from ships on the example of the Black Sea

Full text PDF [EN]

Suggested citation:

Kostyria, O., Ivanova, A. (2020). International legal protection of the marine environment from pollution from ships on the example of the Black Sea. Lex Portus, no. 1, 37-50. https://doi.org/10.26886/2524-101X.1.2020.3

*Olena Kostyria, PhD in Law, Docent, the member of the Nautical Institute of the United Kingdom, MNI (202 Lambeth Road, London SE1 7LQ, United Kingdom).

**Alla Ivanova, PhD in Law, Docent, the expert in the field of law, Institute of state and law of V. M. Koretsky National Academy of Sciences of Ukraine (4, Trokhsviatytelska St., Kyiv, Ukraine).

 

ABSTRACT

The article is devoted to the research of the protection features of the Black Sea from pollution as a special area of the sea. There are determined pollution categories during the operation of ships (during the implementation of maritime activities on the seabed; caused by port activities, shipbuilding and ship’s repairing activities; the ingress of alien species or genetically modified organisms into the marine environment; the release of garbage, food, household and operational wastes into the sea; as a result of emergency circumstances – during accidents; and, pollution resulting from the burial of ships at sea). The international legal framework for the protection of the Black Sea marine environment from pollution during the operation of ships was analyzed. The universal and regional levels of legal regulation of the prevention of marine pollution from ships during their operation are highlighted. Particular attention is paid to the status of the Black Sea as a special area and a particularly vulnerable sea area. The Black Sea was defined as a “special area” of the sea, which is considered so vulnerable to oil pollution that discharges within it were completely prohibited with a few and clearly defined exceptions. To do this, we should refer to the provisions of the 1982 UN Convention on the Law of the Sea, which shares the powers of states in the protection of the marine environment from pollution from ships to the adoption of laws and regulations aimed at protecting the marine environment from pollution from ships, and regarding the enforcement of national laws and regulations, as well as international norms and standards for the prevention of marine pollution from ships. The scope of these powers of states is differentiated depending on the rules for which the marine zone is established, and also on the basis of who takes measures to ensure compliance with the rules and regulations. It is emphasized that in their inland waters and the waters of ports, states have full sovereignty and can establish special requirements related to the reduction, control and prevention of marine pollution, which foreign vessels must satisfy in order to enter and stay in these waters. It is noted that in order to increase the effectiveness of all measures to protect the marine environment from pollution from ships, it is necessary to clearly define the binding standards, that is, those that are international, the observance of which states under whose flag the vessels fly, as well as coastal countries, may require vessels located in their territorial waters or exclusive economic zone.

The key words: international legal regulation, pollution from ships, special area, especially vulnerable marine area, protection of the marine environment of the Black Sea.

 

REFERENCES

Convention on the Law of the Sea, 1982 (The United Nations). The official website of UN. Retrieved from: http://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf (2020, February, 15).

Ezhova, T.G. (2017). Mezhdunarodno-pravovaja zashhita morskoj sredy ot zagrjaz-nenija s sudov na primere Baltijskogo morja [International legal protection of the marine environment from pollution from ships on the example of the Baltic Sea]. Vestnik Baltijskogo federal’nogo universiteta im. Kanta. [Bulletin of the Kant’s Baltic Federal University], 9, 79-88. [in Russian].

Gur’ev, V.G, Efent’ev. V.P., Vihrov, B.D. (2004). Predotvrashhenie zagrjaznenija okruzha-jushhej sredy s sudov [Prevention of environmental pollution from ships]. Moscow: Mir. [in Russian].

International Convention for the Prevention of Pollution from Ships, 1973 (International Maritime Organization). EcoLex. Retrieved from: http://www2.ecolex.org/server2neu.php/libcat/docs/TRE/Full/En/TRE-000113.txt (2020, February, 15).

Konventsiia pro zakhyst Chornoho moria vid zabrudnennia, 1992 (Ukraina, Turechchyna, Rosiiska Federatsiia, Rumuniia, Hruziia, Bolhariia) [Convention for the protection of the Black Sea against pollution 1992 (Ukraine, Turkey, Russian Federation, Romania, Georgia, Bulgaria)]. Ofitsiinyi sait Verkhovnoi Rady Ukrainy. [The official website of the Verkhovna Rada of Ukraine]. Retrieved from https://zakon.rada.gov.ua/laws/show/995_065 (2020, February, 04). [in Ukrainian].

Meeresumweltschutz fur Nord-und Ostsee: Sondergutachten, December (2018). SRU, Der Rat von Sachverstandigen far Umweltfragen. Baden-Baden. [in German].

Zakon pro zatverdzhennia Zahalnoderzhavnoi prohramy okhorony ta vidtvorennia dovkillia Azovskoho i Chornoho moriv, 2001 (Verkhovna Rada Ukrainy) [Law on Approval of the National Program for the Protection and Reproduction of the Environment of the Azov and Black Seas, 2001 (Verkhovna Rada of Ukraine)]. Ofitsiinyi sait Verkhovnoi Rady Ukrainy. [The official website of the Verkhovna Rada of Ukraine] https://zakon.rada.gov.ua/laws/show/2333-144 (2020, February, 15). [in Ukrainian].

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Editorial Board Address

Ukraine, Odesa, Fontanska Doroga, 23
National University “Odessa Academy of Law”,
Department of Maritime and Customs Law

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