Environmental Engineering Reference
In-Depth Information
international conventions, without any follow-up activities and monitoring, usually
falls short of achieving their desired goals. Ultimately, many of these efforts have
proved to be a waste of resources. Co-ordinated effort among all these organisations
is a pressing need.
57
Undoubtedly, as the UN special organisation for maritime affairs, IMO should
take the leading role in co-ordination.
58
Many of the government officials of
developing countries have received training from IMO-sponsored institutes, like
the World Maritime University; the IMO International Maritime Law Institute; and
the International Maritime Academy. Thus, availability of trained officials may not
be a serious problem in some developing countries.
The most important issues are of financial assistance and transfer of technology.
As discussed earlier, the IMO initiatives for financing reception facilities in devel-
oping countries are manifest failures. Unlike many other fields of law, implemen-
tation of international marine environmental laws requires much more than mere
legal expertise. Implementation of these highly technical conventions involves
huge amounts of investment for patrol boats, pollution detecting equipment, pollu-
tion prevention equipment, equipment for pollution response and, most crucially,
adequate reception facilities.
The global community should implement the globally-recognised principle of
CBDR treatment in the marine environmental regime, to achieve a common
environmental goal. Developed countries should provide additional funding and
resources; and should shoulder greater responsibility to protect the marine environ-
ment, not only by strengthening their port State control mechanisms, but also by
financially compensation their developing counterparts for the adverse impact of
their previous activities.
59
Despite funding constraints, IMO has developed an Integrated Technical
Co-operation Programme. Technical cooperation activities for the protection of
the marine environment are undertaken with this Programme. The activities
include, amongst others: development of implementation manual for IMO legal
instruments; training courses on IMO legal instruments; and national and regional
workshops on IMO legal instruments.
60
However, the main issue is the (lack of)
financial assistance to the developing countries for equipment and infrastructure. As
discussed in Chap.
6
, another critical issue is the developed countries
lack of
interest in transferring of technology. Without proper equipment and infrastructure,
training is useless.
'
57
Ibid.
58
On IMO technical cooperation activities see generally Zhu (
2006
); Mensah (
2007
), p. 507;
Dijxhoorn (
1993
), p. 507.
59
Duruigbo (
2000
), p. 86.
60
Technical Co-Operation Activities for the Protection of the Marine Environment, IMO Doc.
MEPC 5/15/1 (8 February 2013).
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