Monday, September 5, 2011

INTERNATIONAL REGIME ON MARINE POLLUTION CAUSED BY SHIPS by Anoop Kumar, 1st Year LLM, NALSAR University of Law


May those born of thee, O Earth, be for our welfare, free from sickness and waste, wakeful through a long life, we shall become bearers of tribute to thee. Earth my mother, set me securely with bliss in full accord with heaven, O wise one, uphold me in grace and splendor.”
(From the Atharva Veda - Hymn to the Earth - Bhumi-Sukta)1

INTRODUCTION.

Man can not sustain his life alone and independent in this world. He has to depend upon his environment to earn his bread. Even vedas attach a paramount importance to the environment. Human beings are interconnected with the Earth, Sun, Moon and other planets of the universe. Maintenance and protection of our environment is the sine qua non of human welfare. Vedas attach an onus upon the human beings to fulfill the task of environment management, afforestation, habitation, non-pollution, protection and other pious tasks pertaining to our environment. The human beings are also endowed with the pious duty of protection and nourishment of the plants and vegetation.

But since the advent of the 18th century, that marked the beginning of the industrial revolution and subsequent breakthrough in the invention and development of modern modes of transport and communication, the task of environment protection has become more onerous and full of struggle.

That, the modes of transport and industrialisation have posed a threat to our environment, was noticed at subsequent stages of development of the nations. Both the World Wars have evoked much popular concern of the global community towards the environment. As a result various conventions and protocols have been signed and obliged to by the world community. The Stockholm Conference on Human Environment (1972); United Nations Environment Programme (UNEP); United Nations Conference on Environment and Development (UNCED) popularly known as Earth Summit and other such conventions have played their due role in shaping the International environment law.

India has some environment-friendly legislations that are responsible for the safeguard of our environment. These legislations are the Environment (Protection) Act, 1986; the Water (Prevention and Control of Pollution) Act, 1974; the Air (Prevention and Control of Pollution) Act, 1981; the Biodiversity Act, 2002 etc.
Of all the ingredients of environment, the water bodies like seas, oceans, rivers, lakes etc., are of utmost essence as compared to other ingredients. But to its misfortune, most of the water bodies are at the verge of extinction. The water bodies are no more suitable for the daily household uses, thanks to mass contamination caused by various factors like industrial wastes and other garbages.

If we go through the international statistics, ships and vessels have contributed a lot towards the contamination of the sea, along with their contribution in narrowing the down gaps between two far-flung destinations.

INTERNATIONAL CONCERN OVER ENVIRONMENT PROTECTION.
It is not a very easy task to define the environment in the international regime. Even most of the treaties, declarations, code of conduct, guidelines etc. fail to define the term ‘environment’ in a very explicit way. It is a very tedious task to outline and restrict the scope of such an ambiguous term. The Declaration of the 1972 Stockholm Conference on the Human Environment (UNCHE) merely refers indirectly to man’s environment and adds that the natural and man-made aspects of man’s environment are essential for his well-being and enjoyment of basic human rights. Even the 1992 Rio Declaration on Environment and Development refers to environmental needs, environmental protection, so on, but nowhere does it identify what these include2. The European Commission, in developing an ‘Action Programme on the Environment’, defined ‘environment’ as ‘the combination of elements whose complex inter-relationships make up the settings, the surroundings and the conditions of life of the individual and of society as they are and as they are felt’3.

No comments:

Post a Comment