Introduction - Prevention of Pollution of the Marine Environment from Vessels - page 3

legal instruments, the concerns of the global south need to be given proper attention
in negotiating and implementing international legal instruments for the prevention
and control of vessel-source marine pollution.
Against this backdrop, this topic aims to explore the role of IMO in facilitating
the adoption and implementation of international legal instruments for the protec-
tion of the marine environment. A number of studies have examined different
aspects of the international legal regime concerning vessel-source marine pollu-
tion. 10 There is no comprehensive research monograph particularly emphasising or
critically examining the role of IMO in the protection of the marine environment,
nor in the emerging challenges involved in fulfilling this role. This topic aims to
contribute to this aspect of international legal scholarship, with particular emphasis
on the north-south tensions currently faced by IMO. This topic also intends to
present an overview of the IMO legal instruments and their implementation
process.

1.2 IMO and Marine Pollution from Ships

The United Nations Convention on the Law of the Sea (UNCLOS) defines pollution
of the marine environment as the introduction by man, directly or indirectly, of

substances or energy into the marine environment, including estuaries, which
results or is likely to result in such deleterious effects as harm to living resources
and marine life, hazards to human health, hindrance to marine activities, including
fishing and other legitimate uses of the sea, impairment of quality for use of sea
water and reduction of amenities

'

. 11 This definition took a precautionary approach
when compared to the definition proposed by the Joint Group of Experts on the
Scientific Aspects of Marine Pollution (GESAMP). GESAMP is an advisory body
on marine pollution consisting of scientific experts nominated by different inter-
governmental organisations including IMO, FAO, UNESCO, WMO, WHO, IAEA,
UN and UNEP. According to GESAMP: ' pollution means the introduction by man,
directly or indirectly, of substances or energy into the marine environment (includ-
ing estuaries) resulting in such deleterious effects as harm to living resources,
hazards to human health, hindrance to marine activities including fishing, impair-
ment of quality for use of sea water and reduction of amenities

'

. 12 The definition
adopted by UNCLOS is strikingly similar to definition proposed by the GESAMP 13

'

10

For example, M ' Gonigle and Zacher ( 1979 ), Cusine and Grant ( 1980 ), Tan ( 2006 ), Molenaar
( 1998 ), Franckx ( 2001 ), and Wang ( 2011 ).
11

UNCLOS, art 1(4).
12 Joint Group of Experts on the Scientific Aspects of Marine Pollution, Reducing Environmental
Impacts of Coastal Aquaculture. http://www.fao.org/docrep/006/u3100e/u3100e00.HTM , last

accessed on 11 July 2014.
13 On the debate regarding the definition of marine pollution, see generally: Tomczak Jr ( 1984 ) and
Boehmer-Christiansen ( 1982 ).