IMO Institutional Structure and Law-Making Process - Prevention of Pollution of the Marine Environment from Vessels - page 30

which virtually created a quasi-legislative power for the organisation. 50
This section discusses these aspects of IMO

procedure

'

s law-making competence.

'

2.4.1 IMO Mandate Under UNCLOS

To understand the law-making competence of IMO it is pertinent to consider the
context of the vessel-source marine pollution law-making process. This issue is
critically linked with the jurisdiction of States to take action against marine
pollution. Jurisdiction of States can be broadly divided into two categories: pre-
scriptive or legislative jurisdiction and enforcement jurisdiction. Prescriptive or
legislative jurisdiction is a State

s competence to prescribe substantive standards. 51
On the other hand, the power to prevent or punish any violation of substantive
standards is its enforcement jurisdiction. 52
Generally, a State enjoys an unrestricted prescriptive or legislative jurisdiction
over its internal and territorial waters. 53 In these areas, States can prescribe national
environmental standards. In the territorial sea, this right is limited by the right of
innocent passage of other States. For the exclusive economic zone, national stan-
dards must be in conformity with the “generally accepted international
standards”. 54
Part XII of UNCLOS imposes a general obligation to protect and preserve the
marine environment. 55 It gives States a sovereign right to exploit their natural
resources pursuant to their environmental policies and in accordance with their
duty to protect and preserve the marine environment. 56 The convention requires
States to take all measures necessary for prevention, reduction and control of
pollution of the marine environment from all sources. 57 The convention also
imposes an obligation for environmental monitoring and assessment. 58 According
to some scholars, UNCLOS brings some basic reforms in to international marine
environmental law. 59 Most significant of these, pollution can no longer be justified
under freedom of the seas and states have a general obligation to prevent marine
pollution. 60 Secondly, with some limitations it brings a balance of power between

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50 Ibid, 646.
51

Tan ( 2006 ), pp. 176 and 177 and M ' Gonigle and Zacher ( 1979 ), pp. 200 and 201.

52

Ibid.

53

Ibid.

54

Ibid.
55 UNCLOS, art 192. See generally Boyle ( 1985 ).
56 UNCLOS, art 193.
57 UNCLOS, art 194 (1).
58 UNCLOS arts 204 and 206.
59 Birnie et al. ( 2009 ), p. 383.
60 Ibid.