Environmental Engineering Reference
In-Depth Information
It has been demonstrated by some scholars that there is a sharp distinction
between
compliance
and
effectiveness
, since the latter is not necessarily a
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corollary of the former.
11
is undoubtedly something more than
mere “adherence to legal obligations”.
12
In the international environmental law
context it can be defined to refer to “whether the condition of the environment is
improved”.
13
Examining the effectiveness of any international environmental legal
instrument involves a systematic empirical exercise from a multidisciplinary
approach; a task not possible within the ambit of this topic. Nevertheless, from
the discussion of previous chapters, we can safely conclude that there is every
possibility that international marine environmental conventions such as the
MARPOL 73/78 Convention may not be very effective in developing countries.
This statement does not necessarily imply, however, that these instruments are very
successful in developed countries either.
The next issue deserving some mention is why States (should) comply with
international environmental regulation. The UNEP identified that, in addition to the
specific benefit of solving a particular environmental problem, an international
environmental legal instrument can create a number of general benefits which
encourage a State to ratify and comply with international environmental conven-
tions. These include, amongst others: protecting public health; improving gover-
nance; international political comity; solidarity; financial assistance; technical
assistance; long-term economic benefits; and, in some cases, opportunity for
trade.
14
Successful implementation of international environmental legal instru-
ments in a developing country largely depends on how far the treaty in question
is able to generate these positive factors for a particular country. With respect to
developing countries, the question is whether these conventions will be beneficial
or counter-productive, for their economic development will certainly be a vital
factor for implementation of the IMO Hong Kong Ship Recycling Convention and
IMO legal instruments regarding climate change and energy efficiency.
This chapter examines how far international legal and institutional mechanisms
for domestic implementation are successful in implementing IMO marine environ-
mental legal instruments in developing countries.
Effectiveness
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7.2 Effectiveness of IMO Legal Instruments
Although the MARPOL 73/78 Convention is a vibrant international treaty and very
often given credit for reduction of pollution of the marine environment from ships, a
report published by the US National Academy of Sciences noted, amongst other
11
Craik (
2008
), p. 180.
12
Crossen (
2004
), p. 478.
13
Ehrmann (
2002
), p. 378.
14
UNEP (
2006
), pp. 44 and 45.
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