THE ENFORCEMENT OF MARINE POLLUTION REGULATIONS

A major area of disagreement concerns the body which should be responsible for prescribing the appropriate standards -- the alternatives being basically either individually, by coastal States, or an international agency. Agreement on the body to be given competence to prescribe such rules is, in practice, the more difficult problem on which depends, to a large extent, agreement on the bodies to be given competence to enforce the rules. However, the concept of "enforcement" jurisdiction has recently undergone considerable refinement and, while it would be wrong to suggest that these recent changes hold the key to agreement on the regulation of marine pollution, it seems reasonable to claim that the additional flexibility which they introduce should facilitate accommodation of conflicting national interests and the establishment of an effective regime for the control of marine pollution. This article reviews the present position under customary international law and under the conventions dealing with pollution, and then examines the three main trends which appeared during the 1974 United Nations Conference on the Law of the Sea.

• Corporate Authors:

  San Diego Law Review Association

  University of San Diego School of Law
  San Diego, CA  United States  92110
• Authors:
  • Lowe, A V
• Publication Date: 1975

Media Info

• Pagination: p. 624-643
• Serial:
  • San Diego Law Review
  • Volume: 12
  • Issue Number: 3
  • Publisher: San Diego Law Review Association

Subject/Index Terms

• TRT Terms: International law; Maritime law; Policy; Pollution; Pollution control; Regulation
• Subject Areas: Environment; Marine Transportation; Policy;

Filing Info

• Accession Number: 00157974
• Record Type: Publication
• Source Agency: San Diego Law Review
• Files: TRIS
• Created Date: Aug 15 1977 12:00AM