ENVIRONMENTAL LAWS & INTERNATIONAL DEVELOPMENTS IN

MARITIME INDUSTRY- A CONCERN EMBEDDED IN PUBLIC LIFE

THEME- MARTIME INDUSTRY & LAWS

TITLE- ENVIRONMENTAL LAWS & INTERNATIONAL

DEVELEOPMENTS IN MARITIME INDUSTRY- A CONCERN
EMBEDDED IN PUBLIC LIFE

AUTHOR DETAILS

NAME- GURNEET KAUR

EMAIL- gurneetkaur53@gmail.com

CONTACT NO. 7985058466, 7467071112

COURSE- BBA LLB (H)

YEAR OF STUDY- FIFTH

UNIVERSITY- ICFAI LAW SCHOOL, ICFAI UNIVERSITY, DEHRADUN

ABSTRACT
The excessive and extreme use of oceans has resulted in grave and notable damage to the
environment and keeping this in mind, the environmental law is vital as it governs and shapes the
usage of oceans without causing due harm to the maritime domain. Maritime pollution where
harmful and toxic substances released into the oceans have caused serious and inescapable
damage to the biodiversity. In a world, where shipping transmits about 90% of global commerce
and trade, it is the least harmful mode of transport when its productive and prolific value is taken
into scrutiny. To protect the oceans and seas from marine pollution, various initiatives have been
taken at the international level or globally. However, this advancement and prosperity are not
without consequences. This paper is an attempt to address the environmental laws operating in
the world concerning the maritime industry and their implementation in adherence to the
environmental policies and regulations. Further, it addresses international developments in light
of the COVID-19 pandemic and the digitalization of the maritime arena.

Keywords- marine pollution, UNCLOS, law of the sea, maritime industry, environmental
maritime laws, protection, maritime environment, maritime law, OILPOL, MARPOL,
IMO
Well, don’t you think that in our every deliberation and conferring, we must consider the
imрressiоn аnd results оf оur findings оr deсisiоn on the next seven ages and generations?

INTRODUCTION
The world is no more estranged by walls or extremities rather it has turned into a global village
where the act of one, results in implications for all. The oceans are indeed striking points of the
environmental consciousness1. The excessive and extreme use of oceans has resulted in a grave
and notable damage to the environment and keeping this in mind, the environmental law 2 is vital
as it governs and shapes the usage of oceans without causing due harm to the maritime domain 3.

While the prominence of oceans is apparent and evident, must the international judicatory and
lawful orders are equipped to address and cope up with the inevitable issues that arise from
competing for maritime interests?

PROTECTION & PRESERVATION OF MARITIME ENVIRONMENT4

Shipping which transmits about 90% of global commerce and trade is the least harmful mode of
transport when its productive and prolific value is taken into scrutiny 5. For instance, the
expansive quantity of grains required to make the world’s everyday bread could not be
transmitted or transported effectively other than by ship. Agree?

However, this advancement and prosperity are not without consequences.

International Maritime Organization [IMO] has mandated maritime safety. After the
commencement of the functioning of the OILPOL Convention6, i.e., the International
Convention for Prevention of Pollution of the Sea by Oil in 1959, pollution issues were taken
into contemplation, and measures were taken to lighten the effects of damage resultant from

1
Gujarat Maritime University, Centre for Maritime Environment Law (February 22, 2021)
2
International Maritime Organization, Marine Environment (2019)
3
Legal Assistant, India: What is Maritime Law (July 02,2019)
4
Howard S Schiffman, USA: International Law & Protection of Marine Environment
5
International Maritime Organization, Marine Environment (2019)
6
OILPOL Convention, 1959, International Maritime Organization (IMO)
maritime operations and misadventures. Out of 51 treaties, 21 are concerning maritime
preservation and environment-related7.
IMO’s8 senior technical organ namely, MEPC 9 [Marine Environment Protection Committee]
focused on matters about marine pollution, and in this direction, it adopted the first-ever
unprejudiced and liberal convention, MARPOL10 in 1973.

THE UNCLOS11 EPISODE:

The maritime tract designated by UNCLOS holds due prominence concerning marine
conservation. Part XIII12 directs states to endow and enforce such laws as necessary for the
conservation of the mentioned domain. The states under this are under the obligation to preserve
the marine environment.
Article 19313 of UNCLOS & Principle 2114 of Stockholm Conference on the Human Environment
of 1972:
States are empowered to utilize natural resources in adherence to their environmental policies
and the duty of protecting the same.
Article 19415: the article particularizes four specific sources of pollution

7
Churchill R.R. and Lowe A.V., Manchester: The Law of the Sea (1992 & 1999 2nd rev. edn. 370 pp.; 3rd edn. 494
pp
8
International Maritime Organization, Marine Environment, 2019
9
International Maritime Organization, Marine Environment Protection Committee (2019)
10
MARPOL (1973), International Maritime Law Institute
11
United Nations Convention on the Law of the Sea, 1982
12
United Nations Convention on the Law of the Sea ,1982, Part XIII, (1982)
13
United Nations Convention on the Law of the Sea ,1982, Article 193, (1982)
14
Stockholm Conference on the Human Environment, 1972, Principle 21, (1972)
15
United Nations Convention on the Law of the Sea ,1982, Article 193, (1982)
 pollution from vessels

release of toxic and harmful substances

exploration and exploitation of resources of subsoil

other installations in marine territory

UNCLOS is undoubtedly a far-reaching lawful instrument16 to cope up with the conservation

and protection of maritime domain as its provisions can boost, foster, and strengthen
preservation.

Marine Debris
Human rubbish and leavings inclusive of plastics, synthetics, and whatnot in the oceans are
referred to as marine debris17.
It is opined that marine debris is one of the predominant and inescapable contaminants or
pollutants affecting and destroying the oceans. However, it is evident! If this pollution18
continues, it will certainly wipe out important biodiversity. It would certainly drive wildlife to
the extinction stage.

INTERNATIONAL DEVELOPMENTS (RECENT STREAMLINES) - MARITIME

ENVIRONMENTAL LAW

16
Guruswamy L. and Hendricks B., West: International Environmental Law in a Nutshell, (1997)
17
Kamal Uddin Bhuiyan and Md. Jahangir Alam, India: Maritime Environmental laws need to combat marine
pollution (March 08, 2015)
18
United Nations Convention on the Law of the Sea ,1982, Article 1(4), (1982)
 1. Cruise Lines COVID-19 Comeback
Cruise Ship Passengers who windswept or were exposed or contracted to COVID-19 have
initiated a proceeding seeking economic, financial, and significant damages against cruise lines 19.
In this light, passengers may get exposed to a comparative fault in situations where they consider
going on a cruise despite being aware of the risks associated with COVID-19.
This has prompted companies to adhere to the cleaning formalities mandated by Disease Control
& Prevention Centers.
2. IMO20 Cyber Security Deadline
So that the existing Safety Management System incorporates and imbibes in it the cyber risk
management concerning the shipping interests, IMO declared January 2021 as the deadline to
comply with the same.
Systems of cargo handling, control, passenger-related issues, crew welfare, and administration
must be prepared with the cyber response plans21 in event of the occurrence of a cyber incident.

3. Maritime Shipping Carbon Footprint

The IMO has set an aspiring and determined goal to reduce carbon dioxide emissions by at least
40% by the year 2030 and 70% by the year 2050 22. Notable and prominent reductions have been
accomplished and realized by way of vessel designs and methods of operation. Unfortunately,
the current technologies are not likely to result in the desired ambitions.

4. New Vessels & Fuel Rules

Ambiguity in the type of fuel to be used adhering to the environmental regulations in future,
executives are in an utter state of confusion while ordering new ships. With new sulfur rules 23
and the goal of reduction in carbon dioxide emissions by 40% by the year 2030, ship operators
and owners may continue to operate old ships only till the path to the desired goal becomes more
specific and clearer.

19
Eric Rothenberg, New York: Maritime Environmental Law Update (March 2020 Edition), (March 25, 2020)
20
International Maritime Organization, Marine Environment, 2019
21
Eric Rothenberg, New York: Maritime Environmental Law Update (March 2020 Edition), (March 25, 2020)
22
International Maritime Organization, Marine Environment, 2019

23
O’Melveny, USA: January 2020 Deadline for 0.5 Percent Sulfur Content May Continue to Present Challenges
(March 25, 2020)
 5. Limiting Container Ship Fires
While talking of container ship fires, it has been the recent streamline of press coverage. In a
recent survey by National Cargo Bureau 24, 55% of combined failure has been evident from both
general cargo containers and risky materials. Shipping lines responded to it in a manner that it
started imposing penalties and requires reimbursements concerning improper utilization of the
containers. Also, carriers are motivated to provide suitable training and equipment relating to
container fires.

6. Rising Implications concerning Sea Level

There is a dire need for revision of navigation structures due to the fast melting of glaciers of the
Antarctic. The NASA25 study on the subject revealed that the melting of ice is increasing rapidly.
This study will likely affect the future prediction of sea-level rise.

MASTERING THE MARITIME ACCIDENT INTERROGATIONS

It should be noted that the two main United States agencies are primarily indulged in
investigations of the maritime domain. These are-

 National Transportation Safety Board [NTSB] 26- it is responsible for interrogating

maritime occurrences in a significant manner. It comprises of dozens of specialists. The
interrogation is inclusive of document requests, interviews, and attentive examination of
affected operations.

 United States Coast Guard [USCG]27 – it is the maritime security and enforcement
branch of law that determines the cause of the accident and takes corrective and
deliberative actions. It only issues the final report, unlike NTSB that issues preliminary
reports too.

NEW TECHNOLOGIES FOR MARITIME INDUSTRY

24
National Cargo Bureau, Head Office at United Kingdom
25
National Aeronautics & Space Administration: Rising Concerns About Sea Level, Brain Dunbar
26
National Transportation Safety Board, Washington, USA
27
Unites States Coast Guard, USA
Since shipping at sea is primarily a privately held industry and there are many ship owners (who
will be responsible for funding in fuel-efficient instruments) to turn their ships to pilots (who
often pay for fuel), encouraging ship owners to reduce emissions has been demanding, tough,
and difficult. However, sponsors can play a role in reducing the shipping sector or decarbonizing
it. For example, setting a fixed price for carbon can help a financial institution measure its
investment or funding level and determine how a ship will compete in a carbon-restricted market
or sector.
Another financial tool is the Poseidon Principles28. Eleven leading maritime lenders have
established and determined a global structure and framework, both to monitor and disclose the
climate adaptation of their ship portfolios and to ensure compliance with IMO policies and
objectives.
These two tools present the first steps of financial coordination and decarbonization29.

MARITIME SAFETY AGENCY OF EUROPE30- IMPACT OF COVID-19 ON SHIPPING

With the international transmission of trade and commerce, there has been a huge impact on the
shipping sector under the COVID-19 pandemic. While evaluating the ship calls on the port of
Europe, it was found that there has been a decline in the same by 30% in 2020 as compared to
the year 2019. The report of the European Agency reflected the heavily impacted sectors of
cruise and passengers due to the pandemic ongoing scenario 31. The most affected countries are
inclusive of France, Finland, Spain, Croatia, and Portugal.

AUTOMATED & DIGITAL REGIME IN MARITIME INDUSTRY

Greater digitalization, cybernation32, and automation are fluttering by way of maritime industry
and domain. The ability to access the vessel data or analyze or evaluate the vessel data is no
more a dream. It is now a realistic option for commercial and industrial operators when used
with cloud-based solutions33.

28
Poseidon Principles, Copenhagen K Denmark
29
Eric Rothenberg, New York: Maritime Environmental Law Update (March 2020 Edition), (March 25, 2020)

30
European Maritime Safety Agency (EMSA), Covid-19-Ipact on Shipping, (May 17, 2021)
31
European Maritime Safety Agency (EMSA), Covid-19-Ipact on Shipping, (May 17, 2021)
32
Oxford Lexico, Cybernation (2021)
33
Deputy Glosaary, What is cloud-based solutions? San Francisco, USA
Such advancement is not magic. It is resultant from several deliberations, thought-process,
and contemplations.
The era of digitalization34 in the maritime arena resulted in increased safety, security, reliability,
sureness, and predictability of the vessel.

ENVIRONMENTAL LAWS35 ON MARITIME DOMAIN- INDIAN PERSPECTIVE

India has a rich and fruitful history concerning sea trade and commerce. Subsequently, after the
independence, the country took this matter on a serious note and in this context, enacted laws to
facilitate a strong and efficient legal framework for the regulation of sea practices. The laws
enacted were the Maritime Shipping Act 36 of 1958 concerning the development of the said
domain. The British government also put forth certain laws relating to the industry such as the
Coasting Vessels Act37 of 1838 or Inland Steam Vessels Act 38 of 1917 but it was not in
adherence with the subsisting arrangement or framework of Indian coastal trade.
Сurrent mаritime lаws in Indiа hаve evоlved sinсe соlоniаl times, suсh аs the Territоriаl Wаters
Jurisdiсtiоn Асt39, 1878, Аdmirаlty Оffenses (Соlоniаl) Асt 40, 1849, Indiаn Registrаtiоn оf Shiрs
Асt (1841) Аmendment Асt41, 1850; Indiаn Роrts Асt42, 1908; Exроrt Соntrоl Асt43, 1947;
Merсhаnt Seаmen (Litigаtiоn) Асt44, 1946; Indiаn Merсhаnt Shiррing Асt 45, 1923, Merсhаnt
Shiррing Lаws (Extensiоn tо the Ассeding Stаtes аnd Аmendment) Асt46, 1949, etс.

34
Eric Rothenberg, New York: Maritime Environmental Law Update (March 2020 Edition), (March 25, 2020)

35
Kiss A. and Shelton D., New York: International Environmental Law 2nd edn., 720 pp. (2000)
36
Maritime Shipping Act, 1958
37
Coasting Vessels Act, 1838
38
Inland Steam Vessels Act, 1917
39
Territоriаl Wаters Jurisdiсtiоn Асt, 1878
40
Аdmirаlty Оffenses (Соlоniаl) Асt, 1849
41
Indiаn Registrаtiоn оf Shiрs Асt (1841) Аmendment Асt, 1850
42
Indiаn Роrts Асt, 1908
43
Exроrt Соntrоl Асt, 1947
44
Merсhаnt Seаmen (Litigаtiоn) Асt, 1946
45
Indiаn Merсhаnt Shiррing Асt, 1923
46
Merсhаnt Shiррing Lаws (Extensiоn tо the Ассeding Stаtes аnd Аmendment) Асt, 1949
CONCLUSION
The growth and advancement of this industry have been stable, balanced, and consistent but the
most prominent developments took place after the institution of IMO 47. IMO through its
conventions provided major protection and preservation to the maritime industry from
environmental threats.
However, many developing nations are still not adhering to the instrument of IMO for various
reasons. So to direct these nations to work towards sustainable economic and social development
and to enhance maritime safety IMO48 has established ITCP49.

47
International Maritime Organization, Marine Environment, 2019

48
International Maritime Organization, Marine Environment, 2019

49
International Maritime Organization, Integrated Technical Cooperation Programme, 2019
BIBLIOGRPAHY-
i. Eric Rothenberg, Maritime Environmental Law Update (March 2020 Edition),
O’Melvony (March 25, 2020)
ii. European Maritime Safety Agency (EMSA), Covid-19-Impact on Shipping (May 17,
2021)
iii. Gujarat Maritime University, Centre for Maritime Environment Law (February 22, 2021)

iv. Guruswamy L. and Hendricks B. (1997). International Environmental Law in a Nutshell,

466 pp. St. Paul: West. [This book provides an overview of the basic concepts and
documents of international environmental law.]

v. Howard S Schiffman, International Law and the Protection of the Marine Environment,
International Law & Institutions

vi. International Maritime Organization [IMO], Marine Environment, IMO (2019)

vii. Kamal Uddin Bhuiyan and Md. Jahangir Alam, Maritime Environmental Laws needed to
combat marine pollution (March 08, 2015)
viii. Kiss A. and Shelton D. (2000). International Environmental Law. 2nd edn., 720 pp. New
York: Transnational. [This book is an overview of the principles and trends of
international environmental law.]
ix. Owen Charles Chuma, A Law To Incorporate The International Convention For The
Prevention Of Pollution From Ships, 1973, As Modified By The Protocol Of 1978
(Marpol) Into The Laws Of Malawi And To Make Regulations For The Effective
Implementation Of Annexes I And II Thereof, International Maritime Organization (IMO)
(2019-20)
x. Team @Law Times Journal, An Outlook of Maritime Laws in India, Law Times Journal
(May 09, 2019)