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The United Nations Convention on the Law of the Sea (UNCLOS): implications for marine pollution prevention efforts in Malaysia Outline of presentation • • • • • • • • UNCLOS: History and introduction Nation States and UNCLOS UNCLOS: Key Concepts Maritime Zones and Jurisdiction UNCLOS Part XII UNCLOS and Agenda 21 Gaps in Implementation UNCLOS: History and Introduction • The present UNCLOS is the culmination of over 14 years of work beginning with the concept of Common Heritage of Mankind in 1967, through the Third UN Conference on the Law of the Sea in 1973 and finally completed and opened for signing on 10 December 1982 in Montego Bay, Jamaica. It presents a legal framework upon which the management of the global oceans could be carried out. In a way UNCLOS is a “Constitution of the Seas Nation States and UNCLOS • UNCLOS establishes the international norms which nation states should adhere to when managing the seas of the world. • This is done by detailing the obligations, responsibilities, rights, duties, liabilities and limitations of a nation state in the context of sea use and management. • It came into force on 16 November 1994. • As of November 1997, 122 countries have become party to UNCLOS. Nation States and UNCLOS • Malaysia ratified UNCLOS on 14 October 1996. UNCLOS came into force for Malaysia on 13 November 1996 UNCLOS: Key features • UNCLOS is based on the notion of apportioning jurisdiction based on maritime zones and jurisdiction. • UNCLOS also introduces and applies several concepts in the governance of the seas such as innocent passage, transit passage, archipelagic state, pollution prevention and straits used for international navigation. • Most importantly UNCLOS divides the sea into maritime zones and jurisdiction. UNCLOS at a glance • UNCLOS comprise of 17 parts, 320 articles and nine annexes. • Part I - Introduction • Part II - Territorial Sea and Contiguous Zone • Part III - Straits Used for International Navigation • Part IV - Archipelagic States • Part V - Exclusive Economic Zone • Part VI - Continental shelf • Part VII - High seas UNCLOS at a glance • Part VIII - Regime of islands • Part IX - Enclosed and semi-enclosed seas • Part X - Right of access of land-locked states to and from the sea and freedom of transit • Part XI - The area • Part XII - Protection and preservation of the marine environment • Part XIII - Marine scientific research • Part XIV - Development and transfer of marine technology UNCLOS at a glance • Part XV - Settlement of disputes • Part XVI - General provisions • Part XVII - Final provisions UNCLOS: Maritime Zones and Jurisdiction • Internal waters - waters immediately adjacent to the territory of the coastal states and include ports, roadsteads and waters lying between low water mark and shore. State has total sovereignty but UNCLOS allows for innocent passage. • Territorial waters - areas up to 12 nautical miles from baselines. States has sovereignty over the water, airspace, sea bed and subsoil. UNCLOS however allows for vessels to traverse the territorial waters of a country under the innocent passage regime. UNCLOS: Maritime Zones and Jurisdiction • Contiguous zone - sea area adjacent to territorial sea but not more than 24 nautical mile from baseline. States may enact law to prevent infringement of its customs, fiscal or sanitary laws similar to those applied in the territorial sea. • Exclusive economic zone - area adjacent to the territorial sea up to 200 nautical miles. States have sovereign rights over exploration, exploitation, management and conservation of resources. UNCLOS: Maritime Zones and Jurisdiction • In the EEZ States also has jurisdiction over establishment and use of artificial islands, installations and structures, marine scientific research and the protection and preservation of the environment. • Continental shelf - natural prolongation of the land territory up to 200 nautical mile or not exceeding 350 nautical miles. States have the right to explore for and exploit minerals on the continental shelf. UNCLOS: Maritime Zones and Jurisdiction • High seas - areas not included in the territorial waters, contiguous zone and EEZ. The high seas are open to all States and are free from any territorial sovereignty. Five types of freedoms are provided to States in the high seas: navigation, fishing, laying of submarine cables and pipelines, overflight, marine scientific research, and construction of artificial islands and other installations. Part XII: Preservation and Protection of the Marine Environment • The core of Part XII’s provisions is the call for States to take “Measures to prevent, reduce and control pollution of the marine environment”. • The measures are to be taken individually or jointly to prevent marine pollution from all sources including vessels, land-based sources, dumping and installations on the sea-bed as well as in the marine environment. • Part XII also mentioned the need to protect the the environment from exotic species. Part XII: Preservation and Protection of the Marine Environment • International and regional cooperation features prominently in Part XII and includes areas such as notification, contingency planning and research. • States are also required to closely monitor the effects of pollution on the marine environment. • In implementing Part XII, States are required to establish national laws to prevent pollution from all sources. These laws include laws to be enforced by flag states, port states and coastal states where vessel-based pollution is concerned. Part XII: Preservation and Protection of the Marine Environment • However Part XII states that only monetary penalties could be imposed on vessels found polluting in areas beyond the territorial sea. • In territorial sea areas a “willful and serious act of pollution” could be punished with monetary and other penalties. • Enforcement however should not result in damage or loss to the vessels concerned as States may be held liable for loss and damages as a result of enforcement. UNCLOS and Agenda 21 • There is a close link between UNCLOS and the Agenda 21 document. Part XII for example relates closely to the Chapter 17 of Agenda 21 on protection of the marine environment. • As a result of UNCLOS and Agenda 21, several new instruments have been put in place at the global level to address marine pollution. These instruments include the Global Programme of Action for landbased pollution and the recent convention on Persistent Organic Pollutants (POPs). Gaps in implementation • In general, Malaysia has complied with most of the provisions of Part XII. However some gaps remain in the implementation Part XII. These gaps are: 1.Lack of regional instrument for the prevention of marine pollution as stipulated in Article 195. 2.Lack of knowledge and information on the control of the introduction of exotic or alien species into Malaysian waters. Article 196. 3.Need for comprehensive national programme for the prevention of land-based pollution. Gaps in implementation Article 207. 4.No national legislation on dumping. Article 210. Need to review decision not to ratify London Convention 1971. THANK YOU