Management of Ships’ Ballast Water and Biofouling - Prevention of Pollution of the Marine Environment from Vessels - page 66

s is twofold. The
introduced species destroy the ecosystem and, at the same time, some chemical
elements in the antifouling paints may be harmful to the aquatic environment.
Ships

So far as devastating impacts are concerned, bio-fouling

'

hulls until the advent of the
more effective anti-fouling paints using metallic compounds. This compound exists
in sea water and is responsible for the destruction of marine fauna, as well as
creating a threat to the human food chain. One of the most effective anti-fouling
paints containing the organotin tributyltin (TBT) has been identified as responsible
for deformations in oysters and sex changes in whelks. 13

' lime and later arsenic were used to coat ships '

4.2 Management of Ships ' Ballast Water

4.2.1 Response of the Global Community

As noted in previous chapters, the United Nations Convention on the Law of the Sea
(UNCLOS) 14 imposes a general obligation to protect the marine environment.
In particular, Part 12 deals with the issue of marine environmental protection and
may be relevant in creating a general obligation to take measures for the prevention
of the transfer of aquatic invasive species through shipping. 15 Article 196 of the
UNCLOS imposes a specific obligation on States to take all measures necessary to

prevent, reduce and control pollution of the marine environment resulting from the
use of technologies under their jurisdiction or control, or the intentional or acci-
dental introduction of species, alien or new, to a particular part of the marine
environment, which may cause significant and harmful changes thereto

'

. 16 In
1992, the global community adopted the Convention on Biological Diversity
(CBD). Article 8(h) of the CBD obligates each contracting party to prevent, control
or eradicate, as far as possible and as appropriate, the introduction of those alien
species which threaten ecosystems, habitats or species. 17 The United Nations
Conference on Environment and Development (UNCED), held in Rio de Janeiro
in 1992, particularly called on States, acting within the framework of IMO,

'

13

IMO, Anti-fouling systems, http://www.imo.org/OurWork/Environment/Anti-foulingSystems/
Pages/Default.aspx , last accessed on 16 June 2014.
14 United Nations Convention on the Law of the Sea, opened for signature 10 December 1982, 1833
UNTS 3 (entered into force 16 November 1994 (hereinafter UNCLOS).
15 For example: UNCLOS arts 192, 194(1), 194(2), 194(5).
16 UNCLOS arts 196.
17 Convention on Biological Diversity , opened for signature 5 June 1992, 1760 UNTS 79 (entered
into force 29 December 1993) (hereinafter CBD).