Premier University

Assignment
On
Marine Environment Pollution Protection Mechanism:
National Instrument.

Course Title: Admiralty & Maritime Law.

Course Code: Law- 904
Program: LL.M
Session: Fall 2020
Batch: 29th
Semester: 1st

Mostafa Shahriar
ID: 2002921002699
Batch: 29th

Hillol Saha
Assistant Professor, Department of Law
Premier University.

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Introduction:

Marine Pollution has been an ever-present problem since the advent of large-scale agricultural activity
and industrialization. However, significant laws and regulations at an international level to tackle the
problem came only in the mid-twentieth century. During United Nations Conventions on the Law of
the Sea in the early 1950s, the various stakeholders come together to deliberate and formulate laws
pertaining to marine pollution. Until mid-twentieth century, the majority of the scientists maintained
that oceans were vast enough to be able to dilute the amount of pollution being drained into them, thus,
considering pollution harmless to the marine life (Chakraborty, 2018).

The Earth is covered with almost 2/3rd of its portion with ocean water. Ocean water plays a very
important role to maintain our ecology. Not only maintaining ecology but oceans have many other
reasons that make it one of the important parts of mankind such as trade, industry, adventure,
commerce, food etc. Human beings have started using the oceans in varied ways and get success.
Unfortunately, one of the very harmful use what humans have started using the ocean for disposing
the wastes into large scales. This has led to a very critical situation for marine life (Earth Reminder,
2020).

What Is Marine Pollution?

Marine Pollution occurs when harmful effects result from the entry into the ocean of
chemicals, particles, industrial, agricultural and residential waste, noise, or the spread of invasive
organisms. Eighty percent of marine pollution comes from land. Air pollution is also a contributing
factor by carrying off iron, carbonic acid, nitrogen, silicon, sulfur, pesticides or dust particles into the
ocean (Wikipedia, 2021).

Category of Marine Environment:

Coastal Waters:

Coastal water is entirely found inside the marine borders of a country, including ports, roadsteads, and
shores.

Territorial Waters or Territorial Sea:

Territorial sea is the part of the waters adjacent to the coast of a state that is considered to be part of
the territory of that state and subject to its sovereignty.

Contiguous Zone:

Under the 1982, UN Convention on the Law of the Sea, in a zone contiguous to its territorial sea,
described as the contiguous zone.

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Exclusive Economic Zone:

As defined by the 1982, UN Convention on the Law of the Sea, the exclusive economic zone is an area
beyond and adjacent to the territorial sea, subject to the specific legal regime established in this part,
under which the rights and jurisdiction of the coastal State and the rights and freedoms of other States
are governed by the relevant provisions of this Convention. Under the same Convention, the exclusive
economic zone shall not extend beyond 200 nautical miles from the baselines from which the breadth
of the territorial sea is measured.

Continental Shelf:

The continental shelf of a coastal State comprises the seabed and subsoil of the submarine areas that
extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer
edge of the continental margin, or to a distance of 200 nautical miles from the baselines from which
the breadth of the territorial sea is measured where the outer edge of the continental margin does not
extend up to that distance (United Nations Convention on the Law of the Sea).

Types of Marine Pollution:

Eutrophication:

When there is an excess of chemical nutrients mainly nitrates and phosphates in the water, it leads to
eutrophication or nutrient pollution.

Acidification:

Oceans act as a natural reservoir for absorbing the carbon dioxide from the Earth’s atmosphere. But,
due to rising level of carbon dioxide in the atmosphere, the oceans across the world are becoming
acidic in nature, as a consequence, it leads to acidification of oceans.

Toxins:

There are persistent toxins that do not get dissolved or disintegrate with the marine ecosystem rapidly.
Toxins such as pesticides, DDT, PCBs, furans, TBT, radioactive waste, phenols, and dioxins get
accumulated in the tissue cells of the marine lifeforms and lead to bioaccumulation hampering the life
underwater and sometimes leads to a mutation in aquatic life forms.

Plastics:

The ever-growing dependence of human population on plastic has filled the oceans and the land, it
consists of 80 percent of the debris found in the oceans. Plastic dumped and found in the oceans are
dangerous for the marine life forms and wildlife, as sometimes it strangles and chokes them to death.

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Noise:

Many species in the marine world rely heavily on their sense of hearing. However, human activities
often introduce unnecessary noise in the marine ecosystem, which is detrimental to life in the area
(Chakraborty, 2018).

Sources of Marine Pollution:

There are five types of marine pollution sources:-

1. The most notorious type of these sources is vessel-source pollution,

2. Ocean dumping means transporting land-generated wastes by ships or aircraft and disposing
them into the marine environment.
3. Land-generated waste includes dredged material, industrial waste etc.,
4. Land-generated emissions carried from and through the atmosphere is a type of pollution,
5. Exploration for and production of offshore natural gas or oil is frequently associated with
pollution from the exploitation of the continental shelf.

Pollution Resulting From Seabed Activities Within The National

Jurisdiction:

The national jurisdiction of states to enact and implement their laws was recognized and codified,
because the exploration and exploitation of the seabed and its subsoil within national jurisdiction takes
place on the continental shelf or within the seabed of the territorial sea or the internal waters. However,
it was necessary to ensure that minimum international standards for the safety of operations were
implemented. It was recognized that states have the duty to make and implement laws and rules "as
effective as" the international rules and standards regarding the exploration and exploitation of the
seabed within a national jurisdiction.

Causes of Marine Pollution:

Marine pollution is caused due to various reasons out of which most of the reasons are man-made.
Sometimes, it causes due to wastage dumped and sometimes due to ocean mining.

Marine pollution through Sewage:

Pollution directly enters the ocean in the form of sewage. Sewage enters into the ocean water through
rivers and pollutes the marine life.

Marine pollution through the Oil Spill:

Oil spills from ships also cause marine pollution. It is one of the major toxins that contaminate ocean
water which does not clean up so easily.

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Marine pollution through Industrial Chemicals:

Ocean pollution is also caused due to the toxins and chemicals entered into seawater through industrial
& agricultural wastes. These chemical acts as heavy pollutants that cause thermal pollution.

Marine pollution through Mining:

Ocean mining not only comes under the causes of marine pollution but also causes noise pollution.
Deep-sea mining affects the base level of the ocean.

Marine Pollution through Land Runoff:

Marine water also gets polluted through land runoff. It occurs when excessive water from rain; flood
etc. after penetration enters into the seawater.

Other Causes for Marine Pollution:-

 Greenhouse gases emitted from fossil fuel are majorly responsible for marine pollution,
causing acidification of water.
 Atmospheric pollution also contributes to marine pollution. For example- atmospheric carbon
dioxide increases the acidity of oceanic water.
 The nuclear wastes from various industries pollute the marine ecology affecting the food chain
of the marine ecosystem.
 Thermal pollutants from power plants, manufacturing industries, etc. enter into oceans,
increasing the temperature of the water.
 Acid rain is also responsible for marine pollution.

During acid rains, the sulphuric acid and nitric acid mix with marine water, increasing the acidity of
the water (Earth Reminder, 2020).

Effects of Marine Environment Pollution:

The devastating effects of marine pollution are as follows:-

Effect of Toxic Wastes on Marine Animals:

The oil spill is dangerous to marine life in several ways. The oil spilled in the ocean could get on to
the gills and feathers of marine animals, which makes it difficult for them to move or fly properly or
feed their children. The long-term effect on marine life can include cancer, failure in the reproductive
system, behavioral changes, and even death.

Disruption to the Cycle of Coral Reefs:

Oil spill floats on the surface of the water and prevents sunlight from reaching to marine plants and
affects the process of photosynthesis.

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Depletes Oxygen Content in Water:

Most of the debris in the ocean does not decompose and remain in the ocean for years. It uses oxygen
as it degrades. As a result of this, oxygen levels go down. When oxygen levels go down, the chances
of survival of marine animals like also goes down.

Failure in the Reproductive System of Sea Animals:

Industrial and agricultural wastes include various poisonous chemicals that are considered hazardous
for marine life. Chemicals from pesticides can accumulate in the fatty tissue of animals, leading to
failure in their reproductive system.

Effect on Food Chain:

Chemicals used in industries and agriculture get washed into the rivers and from there are carried into
the oceans. These chemicals do not get dissolved and sink at the bottom of the ocean.

Affects Human Health:

Animals from impacted food chain are then eaten by humans, which affects their health as toxins from
these contaminated animals get deposited in the tissues of people and can lead to cancer, birth defects
or long term health problems.

Laws Regulating Marine Environment Pollution:

It may be categorized under the following two heads:-

1. International laws, regulations, and policies.

2. National laws, regulations and policies.

Domestic Laws Relating to Marine Environment Pollution:

1. Port Act 1908 & Port Rules 1966: Ports or parts of navigable rivers or channels to which the
Government, in exercise of the power, regulate the operation these ports.
2. The Coast Guard Act 1994: To regulate a law enforcement agency and to look after the sea
area.
3. Bangladesh Petroleum Corporation Act 1976: The law relating to the import transport, storage,
production refining, blending or reclaiming by recycling. Distribution and marketing of
petroleum and other inflammable substances.
4. Petroleum Act 1934: The law relating to the import, transport, storage, production, refining,
blending or reclaiming by recycling, distribution and marketing of petroleum and other
inflammable substances.
5. Forest Act 1927: The transit of forest-produce and the duty liveable on timber and other forest-
produce.
6. Bangladesh Wild Life Preservation Act 1973: To provide for the preservation, conservation
and management of wild life in Bangladesh.

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Drawbacks of the Domestic Laws Relating to Marine Environment
Pollution:

The followings are the blockage on the pathway of Marine Environment Policies:-

1. Poor Performance of Governmental Authorities Responsible for Environment Protection:

The poor performance of government environmental administrations is one of the

biggest obstacles to the proper enforcement of environmental laws in the States and
combating pollution leads to increased levels of pollution. The main reason behind poor
administrative procedures in this regard is conflicting administrative duties and
responsibilities among the different environmental administrative agencies. This leads
to the failure of these administrative agencies assume and execute their legal duties and
responsibilities.

2. Different types of Industry and Oil Companies Involved in Marine Environment Pollution and
Enjoy Judicial Immunity from the provisions of Laws.
3. Lack of Clear Provisions of Marine Environment Pollution Protection Law.
4. Insufficient/improper punishment for breach of the provision of the laws.
5. Non-binding effect of the International Laws.
6. No specific law relating to Marine Environment Pollution protection.
7. Insufficient law enforcement agency (man power) to look after this issue.

Steps to Prevent Marine Pollution or Recommendation:

The following steps should be taken:-

1. The Holy Qur'an orders us to conserve water and to utilize the resources on earth in a way that
does not cause damage to the elements of the environment.
2. Stop using plastic and littering garbage as they not only choke up the drains but also releases
into the oceans.
3. Ensure that chemicals are not used anywhere near the streams of water and try cutting down
on the usage of such chemicals. For farmers, they need to switch from chemical fertilizers and
pesticides and move towards the usage of organic farming methods.
4. Use public transport and reduce the carbon footprint by taking small and substantial measures
that will not help in reducing the pollution from the environment but will ensure a safe and
healthy future for the upcoming generations.
5. Prevent from any oil or chemical spill in the oceans and if in case there is an oil or chemical
spill near you volunteer and help in cleaning out the ocean water.
6. Volunteer or initiate beach clean-up activities and spread awareness about the same in the
nearby vicinity.
7. Shutdown of the facilities involved in pollution and the cancellation of the licenses granted to
companies that have committed environment violations in the waters.
8. Needless to say, such measures would have the effect of reducing corruption within the legal
process concerning environmental crimes by putting citizens and corporations face to face in
an interest-driven undertaking.

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 9. It is also spread public awareness of the nature of marine environment pollution and its long-
term effect on public health and wellbeing.
10. Individuals should be enabled to sue any facility whether state-owned or private because
individuals have the right to live in a clean, pollution-free environment, and because any
behaviour on part of such companies against the environment is deemed an attack on such right.
11. The ambiguous domestic law of environment should be rephrased to be clear and applicable in
a precise manner.
12. Authority's employees should be enhanced through training courses and through their
participation in conferences on environment.
13. Competent environmental courts should be established to consider environmental cases
whether national or international, and judges experienced in environmental issues and
environment law should be appointed in such Courts.
14. To achieve the principle of deterring the perpetrators of crimes against the marine environment,
the authorities should enforce the provisions of the criminal law if the penalty stipulated
pursuant to it is tougher than the penalties of environmental law.
15. Penalties stipulated pursuant to environmental law should suit the severity of the crime and
judges should be granted the discretion to apply these penalties according to the consequences
of the crime on the environment.
16. A special department to manage the marine environmental oil pollution in the territorial water
should be combated by enacting criminal provisions stated under the law of marine
environment protection to penalize the oil companies and facilities that commit environmental
violations. The penalties in this regard should include the temporary or permanent shutdown
of the company or the facility involved in pollution.
17. Precautionary measures should be implemented to ensure that pollution is combated before it
exacerbates.
With adoption of reforms such as these, Bangladesh also could resolve its marine pollution problems
and set an example for countries around the world that are experiencing.

Conclusion:

The blue wave of the bay of Bengal have been resounding cultures, trade, tradition and seafaring people
from one shore to another shore of the ocean. A national ocean policy would enable Bangladesh to
take the helms of regional leadership on blue economy. For that purpose national environment policy,
national fisheries policy, coastal zone policy, bio safety guidelines should be reshaped. Regarding this
endeavor, the law commission of Bangladesh legislative committee may involve themselves through
providing reports on prevailing national policies and regulation on sustainable maritime resource
exploration and exploitation. For sustainable ocean governance, maritime cooperation and proper
exercise of maritime resource exploitation, a comprehensive maritime policy is indefeasible for
Bangladesh.

References
(2020, February 08). Retrieved from Earth Reminder: https://www.earthreminder.com/marine-
pollution-types-causes-effects-prevention/

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(2021, April 16). Retrieved from Wikipedia: https://en.wikipedia.org/wiki/Marine_pollution
Chakraborty, V. (2018, July 26). Marine Pollution: Causes, Types, Effects & Prevention. Retrieved
from MyIndia: https://www.mapsofindia.com/my-india/society/marine-pollution-causes-
types-effects-prevention
United Nations Convention on the Law of the Sea. (n.d.). pp. 01-83.