INTER-LINKAGES >> other relevant instruments
Other Relevant Instruments
In addition to the four chemical treaties, there are a range of other instruments and agreements that relate to pollution and have relevance to South Pacific countries.
The Strategic Approach to International Chemicals Management - SAICM
SPREP Convention for the Protection of the Natural Resources and Environment of the South Pacific Region (1986) plus the SPREP Dumping
Protocol and SPREP Pollution Emergencies Protocol
London Convention: Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (1972) plus the 1996 Protocol
to the London Convention
International Convention for the Prevention of Pollution from Ships (1973) as amended by the Protocol of 1978
International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties (1969)
International Convention on Oil Pollution Preparedness, Response and Cooperation (1990)
International Convention on Civil Liability for Oil Pollution Damage (1992)
International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (1992)
International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by
Sea (1996)
United Nations Convention on the Law of the Sea (1982)
South Pacific Nuclear Free Zone Treaty (1985)
The complete texts are available in SPREP/UNEP Publication "Pacific Islands Handbook Of International Marine Pollution Conventions" which can be found in the Interlinkages Reference section.
SAICM:
The Strategic Approach to International Chemicals Management
SAICM was adopted by the International Conference on Chemicals Management (ICCM) on 6 February 2006 in Dubai, United Arab Emirates.
The Strategic Approach to International Chemicals Management (SAICM) is a policy framework for international action on chemical
hazards. SAICM provides strategies, policies and plans of action to implement the chemicals management goal adopted by governments
at the 2002 World Summit on Sustainable Development (WSSD) in Johannesburg1. This goal is restated in the SAICM Overarching Policy
Strategy document as follows:
The overall objective of the Strategic Approach is to achieve the sound management of chemicals throughout their life cycle so that, by
2020, chemicals are used and produced in ways that lead to the minimization of significant adverse effects on human health and the
environment2.
SAICM comprises three core texts:
- The Dubai Declaration, which expresses the commitment to SAICM by Ministers, heads of delegation and representatives of civil
society and the private sector.
- The Overarching Policy Strategy, which sets out the scope of SAICM, the needs it addresses and objectives for risk
reduction, knowledge and information, governance, capacity-building and technical cooperation and illegal international traffic,
as well as underlying principles and financial and institutional arrangements. The ICCM adopted the Overarching Policy Strategy,
which together with the Dubai Declaration constitutes a firm commitment to SAICM and its implementation.
- A Global Plan of Action, which sets out proposed "work areas and activities" for implementation of the Strategic
Approach. The ICCM recommended the use and further development of the Global Plan of Action as a working tool and guidance document.
In addition, the ICCM adopted resolutions on implementation arrangements including a resolution on the Quick Start Programme.
1 See the World Summit on Sustainable Development, Johannesburg Plan of Implementation, paragraph 23, http://www.un.org/esa/sustdev/documents/WSSD_POI_PD/English/POIChapter3.htm
2 Paragraph 13, SAICM Overarching Policy Strategy in http://www.chem.saicmunep.ch//standalone_txt.pdf
For more information: http://www.chem.unep.ch/saicm/
SPREP Convention :
SPREP Convention for the Protection of the Natural Resources and Environment of the South Pacific Region, 1986
The SPREP Convention is a comprehensive umbrella agreement for the protection, management and development of the marine and coastal environments and natural resources of the South Pacific. It lists sources of marine pollution that require control and identifies environmental management issues requiring regional cooperation.
There are two protocols that cover dumping of wastes at sea and cooperation in combating marine pollution emergencies. They are similar to two international Conventions but reflect a more regional perspective on the problem of pollution prevention and mitigation.
SPREP Dumping Protocol: SPREP Protocol for the Prevention of Pollution of the South Pacific Region by Dumping (1986). The Pacific islands regional equivalent to the London Convention
SPREP Pollution Emergencies Protocol: SPREP Protocol concerning Cooperation in Combating Pollution Emergencies in the South Pacific Region: The Pacific islands regional equivalent to the International Convention on Oil Pollution Preparedness, Response and Cooperation (1990).
The Pacific islands region has developed and adopted the Pacific Islands Regional Marine Spill Contingency Plan (PACPLAN) to make prepare for any pollution emergencies. SPREP has also provided assistance for member countries to develop National Marine Spill Contingency Plans (NATPLANs).
South Pacific Regional Environment Program is the Secretariat for both the Convention and its pollution protocols:
PO Box 240
Apia, Samoa
Ph +(685) 21929
Fax +(685) 20231
Email sprep@sprep.org.ws
Website www.sprep.org.ws
London Convention:
Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (1972)
The London Convention aims to prevent marine pollution but focuses on controlling the dumping at sea of wastes generated on land. The Convention includes a list of substances for which dumping is prohibited (Annex I) and other lists for which dumping may be authorised by permit These are Annex II lists, i.e., substances that need a special permit before they can be dumped at sea and the Annex III list of substances that require a general permit before they can be dumped at sea.
The 1996 Protocol to the London Convention on the Prevention of Marine Pollution By Dumping of Wastes and Other Matter (1972)
The 96 Protocol significantly changes the 1972 London Convention and reverses the approach taken by the earlier Convention. Rather than attempting to control sea dumping, it prohibits all dumping of hazardous and radioactive waste, incineration at sea and exports of waste for such purposes, with some limited exceptions for substances specified in Annex I. The Protocol also bans the incineration of wastes at sea.
The Protocol includes strong precautionary language in the general obligations and urges parties to consider the polluter pays principle. It also calls for waste prevention audits to assess alternatives to sea dumping.
The protocol supersedes the London Convention for those countries that have agreed to become contracting parties. In effect, the 1996 Protocol when in force will replace the 1972 London Convention.
The Secretariat: International Maritime Organization
4 Albert Embankment
London SE1 7SR
United Kingdom
Ph +(44) 171 735 7611
Fax +(44) 171 587 3210
Email info@imo.org
A full copy of the London Convention and the 1996 Protocol is available as .pdf files in the library.
London Convention
1996 Protocol
MARPOL 73/78:
International Convention for the Prevention of Pollution from Ships (1973) as amended by the Protocol of 1978.
Plus Amendments to Annexes I, II and V of the Protocol 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1990
MARPOL and its amendments are the primary international regulatory regime for pollution from ships. It sets design and operating standards for ships in relation to pollution prevention, in particular for oil and chemical tankers. It prohibits or regulates the discharge of pollutants from all ships. MARPOL has six Annexes dealing with different pollution types.
Annex I - oil
Annex II - noxious liquid substances
Annex III - harmful packaged substances,
Annex IV - sewage
Annex V - garbage
Annex VI - air emissions from ships.
Special Areas and Particularly Sensitive Sea Areas can be declared requiring more stringent controls on ship-sourced pollution with agreement of the international community.
Secretariat: International Maritime Organization
4 Albert Embankment
London SE1 7SR
United Kingdom
Ph +(44) 171 735 7611
Fax +(44) 171 587 3210
Email info@imo.org
INTERVENTION Convention:
International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties (1969)
Protocol Relating to the Intervention on the High Seas in Cases of Pollution by Substances Other than Oil (1973).
The INTERVENTION Convention provides for Coastal States to take action against a vessel on the high seas in respect of marine casualties likely to cause environmental or economic damage within the State's jurisdiction.
The 73 Protocol extends most of the provisions to not only oil but other substances listed in an Annex. Coastal States can take action for substances not in the annex if they can show that the substance could 'reasonably pose a grave and imminent threat' similar to those listed in the annex.
Secretariat:
International Maritime Organization
4 Albert Embankment
London SE1 7SR
United Kingdom
Ph +(44) 171 735 7611
Fax +(44) 171 587 310
Email info@imo.org
ORPC 90:
International Convention on Oil Pollution Preparedness, Response and Cooperation (1990)
This convention aimed to establish a framework for international co-operation in responding to pollution emergencies, enabling mutual assistance and maximum resources in the shortest time possible. It supports the establishment of oil pollution emergency plans for ships, offshore rigs, ports and oil handling facilities, as well as national and regional contingency plans where appropriate. The Convention encourages all States to develop and maintain adequate capability to deal with oil pollution emergencies. The Convention is likely to be updated in the near future to include hazardous and noxious substances
There are also arrangements to reimburse the assisting Party for their cost but in certain circumstances the requesting Party can ask for the reimbursement of expenses to be waived, reduced or postponed. Due consideration should be given to the needs of developing countries.
The Pacific islands regional equivalent to this Convention (SPREP Pollution Emergencies Protocol) has been in place since 1986.
The Pacific islands region has developed and adopted the Pacific Islands Regional Marine Spill Contingency Plan (PACPLAN). SPREP has also provided assistance for member countries to develop National Marine Spill Contingency Plans (NATPLANs).
Secretariat: International Maritime Organization
4 Albert Embankment
London SE1 7SR
United Kingdom
Ph +(44) 171 735 7611
Fax +(44) 171 587 310
Email info@imo.org
CLC 92:
International Convention on Civil Liability for Oil Pollution Damage (1992)
This Convention is the only avenue currently available to Coastal States to ensure that they are covered for compensation for pollution damage. It requires compulsory insurance on oil tankers to cover compensation claims for oil pollution damage suffered by Coastal States. It is imperative for non-signatory countries to quickly accede to the Convention to provide for compensation in the event of a major oil disaster. There is no cost to the governments.
Secretariat: International Oil Pollution Compensation Funds
4 Albert Embankment
London SE1 7SR
United Kingdom
Ph +(44) 171 582 2606
Fax +(44) 171 735 0326
Email iopcfund@dircon.co.uk
FUND 92:
International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (1992)
This Convention establishes an international fund to cover claims for oil pollution damage that exceed compensation available under the International Convention on Civil Liability for Oil Pollution Damage (1992) . Compensation is available up to US$192 million. To be a party to International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (1992), a country must first be a party to International Convention on Civil Liability for Oil Pollution Damage (1992)
The benefits to Pacific island countries of being a party to FUND 92 are enormous and there are no fees for Pacific island countries.
Secretariat: International Oil Pollution Compensation Funds
4 Albert Embankment
London SE1 7SR
United Kingdom
Ph +(44) 171 582 2606
Fax +(44) 171 735 0326
Email iopcfund@dircon.co.uk
HNS Convention:
International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996
This Convention establishes a compensation regime for victims of marine pollution damage, in this case of pollution from the escape or release of dangerous substances other than oil. The Convention provides for a fund and liability extends to both ship and cargo owners.
Secretariat: International Maritime Organization
4 Albert Embankment
London SE1 7SR
United Kingdom
Ph +(44) 171 735 7611
Fax +(44) 171 587 310
Email info@imo.org
UNCLOS:
United Nations Convention on the Law of the Sea (1982)
UNCLOS is a comprehensive legal framework for the conduct and regulation of all marine sector activities. It includes a framework for settlement of disputes from conflicting ocean activities and state interests at sea.
Chapters 1 and 12 attempt to provide a framework to protect the marine environment, covering all forms of marine pollution and creaing special enforcement provisions for flag, port and coastal states.
Treaty of Rarotonga
South Pacific Nuclear Free Zone Treaty (1985)
This multilateral agreement among the nations of the South Pacific prohibits the testing, manufacture, and stationing of nuclear explosive devices, and the dumping of nuclear waste, within the zone.
The area covered reaches the west coast of Australia to the South American Nuclear Free Zone, from the equator to 60 degrees South (the northern boundary of the 1959 Antarctic Treaty). This treaty is also known as the Treaty of Rarotonga and entered into force on December 11, 1986.
convention relationships