Environmental Engineering Reference
In-Depth Information
LDCs in making regulation for international shipping. Technically, it is not possible
to differentiate between ships on the basis of their nationality. In fact, if IMO
imposes different types of obligations on ships on the basis of their nationality, it
will create a real disaster. But in the field of marine environmental protection, the
globally-recognised environmental law principle of CBDR treatment can be
implemented in an alternative way. Over-reliance on CBDR treatment in fact
may be harmful for the overall protection of the marine environment and it may
shift the focus from the main problem to other tangential issues. It is high time to
see the North-South paradigm of solving international environmental problems
from different perspectives.
Regarding the international shipping industry, it is near-impossible to impose
different types of obligations on ships on the basis of their nationality. CBDR
treatment does not just mean the imposition of different types of rules on different
actors. The principle can be applied by imposing the same commitment or obliga-
tion on ships, irrespective of their nationality, but providing the developing coun-
tries financial help to comply with the rule. There is no need to impose different
types of obligations on ships on the basis of their nationality. However, the CBDR
principle should be implemented by providing technical and financial assistance to
developing countries. The involvement of non-State actors, such as ship-owners
and business interests, must be ensured for proper implementation of the IMO
conventions in the developing countries. The way that IMO is presently treating
LDCs is not adequate to achieve the common environmental goals of the global
community.
However, differentiated obligations are not a totally impossible proposition in
the IMO system. For example, the situation in the shipbreaking industry is rather
different, as this industry is essentially a land-based industry. Different countries
may apply a different level of standards suitable to their economic, social and
political situation. Moreover, the UNCLOS permits differentiation of standards in
case of land-based activities.
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Nevertheless, standards, whether same or different,
must adhere to a reasonable level of environmental protection.
IMO and its developed country members should come forward, with the help of
non-state actors, with some meaningful initiatives to help developing countries to
achieve the common environmental goals. Co-operation should not be confined to
providing training to familiarise with the IMO conventions. It is also not advisable
to provide so-called
by sending foreign consultants to nationally
implement legal frameworks which, ultimately, does not result in implementation
due to a lack of resources. Without meaningful financial assistance from developed
countries and international organisations for institutional and infrastructural devel-
opment for the protection of marine environment, it is very unlikely that many of
the least developed countries will be successful in properly implementing the
marine environmental conventions. Financial and technical assistance involve
providing state-of-the-art technology for the detection of pollution, as well as the
assistance
'
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UNCLOS, art. 207.
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