Environmental Engineering Reference
In-Depth Information
to address the degradation of the marine environment from shipping by considering
the adoption of appropriate rules on ballast water discharge to prevent the spread of
non-indigenous organisms. 18
As mentioned earlier, the UNCLOS is an umbrella convention and does not
stipulate specific provisions for management of ship ballast water and sediments.
The same can also be said with respect to the CBD. Against this backdrop, as the
competent and relevant specialised agency of the United Nations, the IMO is the
responsible organisation to lead the global community
s efforts in addressing the
problem of the transfer of aquatic invasive species through shipping. Accordingly
the sixth Conference of Parties to the CBD urged the IMO ' to complete the
preparation of an international instrument to address the environmental damage
caused by the introduction of harmful aquatic organisms in ballast water and to
develop as a matter of urgency
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. 19
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4.2.2
IMO Initiatives
Against this backdrop, the Marine Environment Protection Committee (MEPC) of
IMO started its endeavour to develop necessary international legal instruments in
the 1990s. In 1991, the MEPC adopted the International Guidelines for Preventing
the Introduction of Unwanted Aquatic Organisms and Pathogens from Ships Ballast
Water and Sediment Discharges. 20 These guidelines were adopted by the IMO
Assembly as a Resolution in 1993. 21 The initial IMO initiatives were directed
towards the privation of the introduction of unwanted aquatic organisms and
pathogens. However, it later became clear that total prevention was not possible.
By replacing the 1993 Resolution, the Assembly adopted Resolution A.868(20) in
1997 which introduced the Guidelines for the Control and Management of Ships
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Ballast Water to Minimise the Transfer of Harmful Aquatic Organisms and Path-
ogens. 22 However, these voluntary instruments failed to make any meaningful
change. Many countries faced serious ecological problems due to the introduction
of aquatic invasive species. For example, the Atlantic comb jelly in the Black Sea;
the zebra mussel in the North American Great Lakes, and the Northern Pacific
18
Report of the United Nations Conference on Environment and Development UN Doc.
A/CONF.151/26 (Vol. II) (13 August 1992).
19
COP 6 Decision VI/23, Alien species that threaten ecosystems, habitats or species, http://www.
cbd.int/decision/cop/default.shtml?id ¼ 7197 , last accessed on 16 June 2014.
20
International Guidelines for Preventing the Introduction of Unwanted Aquatic Organisms and
Pathogens from Ships
Ballast Water and Sediment Discharges, MEPC Resolution 50(31), IMO
Doc. 31/21 (4 July 1991).
21 Guidelines for preventing the introduction of unwanted aquatic organisms and pathogens ships
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ballast water and sediment discharges, IMO Assembly Resolution A.774(18), (4 November 1993).
22 Guidelines for the control and management of ships
ballast water to minimize the transfer of
harmful aquatic organisms and pathogens, IMO Assembly Resolution A.868(20), IMO Doc. A
20/Res.868 (1 December 1997).
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