Environmental Engineering Reference
In-Depth Information
international marine environmental conventions, in many respects, fail to account
for the needs of developing countries. As observed by Fakury, developing countries
may “view international marine environmental law as offering too inadequate an
answer to their needs. For, instance, the United Nations Convention on the Law of
the Sea requires enforcement of shipping standards by the flag State; in other words,
the burden is placed on the nominal player, not the real economic stakeholder (the
State of beneficial ownership of the ship)”. 41 Moreover, most developing countries
lack scientific, technological and financial capabilities compared to their developed
counterparts,
so the starting point
for
them is often very difficult and
disadvantageous. 42
Ratification and implementation of international marine environmental conven-
tions is largely dependent on the political decisions of governments. In many
developing countries, international conventions must be approved for ratification
by the central legislature. Moreover, in many States, the implementing legislation
may have to be enacted by the parliament, and therefore be seriously delayed.
7.4.3 Financial and Technical Issues
For proper implementation of the IMO marine environmental legal instruments the
following challenges must be overcome by many developing countries:
￿ Adequate arrangement of pollution detection equipment.
￿ Ensuring compliance of standards established by IMO conventions as a flag
State.
￿ Arrangement for necessary patrolling boat and other equipment for coast guard
and port authorities.
￿ Capacity building of the port, maritime and coast guard departments.
￿ Adequate arrangement for certification and surveying of ships.
￿ Establishment and improvement of reception facilities in sea ports.
￿ Ensuring adequate information regarding port reception facilities.
￿ Integrating port reception facilities with the land-based waste treatment and
management system of the port State.
￿ Ensuring environmentally-sound disposal of oily water and other wastes.
￿ Ensuring environmentally-sound operation of shipbreaking industry.
￿ Establishment of proper hazardous
substances disposal
facilitates
for
shipbreaking industry.
Often, financial inability or economic reasons constrain the ability of LDCs to
fully implement international marine environmental conventions. As discussed
earlier, providing reception facilities and collecting patrolling vessels and other
41 Fakhry ( 2003 ), p. 97.
42 Ibid.
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