Environmental Engineering Reference
In-Depth Information
7.6 North-South Tension and the Role of Common but
Differentiated Treatment Principle
As discussed in previous chapters, IMO processes are sometimes paralysed by the
North-South tensions. Developed and developing countries show markedly differ-
ent opinions in respect of various IMO legal instruments. Tangible protection of the
global marine environment is not possible without ensuring the global implemen-
tation and enforcement of IMO marine environmental legal instruments. In recent
times, some developing countries have showed a very strong opinion that the IMO
law-making process must be guided by the international environmental law princi-
ple of common but differentiated responsibilities (CBDR).
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In its preamble, the UNCLOS calls for a just and equitable international eco-
nomic order and for taking into account the interest and needs of developing
countries. It also grants assistance to developing countries and calls for the transfer
of science and technology to developing countries.
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In fact, only very negligible
efforts have been taken to make these provisions operational. Although the
UNCLOS gives special recognition in various ways to the developing countries,
the developing world is still encountering some problems to comply with the aims
and objectives of this Convention.
The State parties to the MARPOL 73/78 Convention commit, in consultation
with other international bodies and with the assistance of the UNEP, to support
those parties which request technical assistance for various purposes, including
training, supply of equipment for reception facilities, monitoring and research.
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Other IMO marine environmental conventions also have similar provisions. But, in
practice, this call for technical co-operation largely remains as a toothless tiger.
IMO and State parties to these conventions did not create any significant fund for
such help. Many developing countries are yet to provide reception facilities and
other technical mechanisms or equipment for combating vessel-source pollution
including oil pollution. Although flag, coastal and port State developing countries
have ample obligations under the MARPOL 73/78 and other IMO Conventions,
technical difficulties and a lack of resources are hindering the process of compli-
ance with these obligations. As an orthodox institution dominated by flag States
'
interests, IMO only imposes obligations and duties on the shoulder of developing
coastal States without creating any economic means to provide real technical help
to comply with these obligations and duties. This can be identified as the prime
cause for the total failure of the MARPOL 73/78 and other IMO Conventions in
conserving the marine environment of developing countries.
More importantly, as mentioned earlier, IMO does not differentiate between the
developed and the developing countries; not even between the developed and the
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