![handle is hein.journals/ocoaslme32 and id is 1 raw text is:
Ocean and Coastal Law Center * School of Law * University of Oregon * Eugene 97403
A Ocea Law Mem.o
ISSUE 32
February 25, 1988
RECENT DEVELOPMENTS IN OCEAN AND COASTAL LAW, 1987
I. INTERNATIONAL DEVELOPMENTS
A. 1982 U.N. Convention on the Law
of the Sea: Ratifications
As of January 1988, thirty-four
nations have now ratified the 1982 Uni-
ted Nations Convention on the Law of the
Sea. Nations recently ratifying the
Convention include Paraguay, which de-
posited its instrument of ratification
on 26 September 1986, followed by Demo-
cratic Yemen on 21 July 1987 and Cape
Verde on 10 August 1987. The Convention
will enter into force twelve months
after the deposit of the sixtieth in-
strument of ratification.
Of the thirty-four ratifications to
date, the nations ratifying the Conven-
tion have predominantly been third world
developing nations. Though the United
States refuses to sign or ratify the
Convention, it does recognize that many
of the Convention's provisions embody
current customary international law,
with the notable exception of the Con-
vention's provisions regarding deep sea-
bed mining.
B. MARPOL Annex II
Annex II of the 1973 International
Convention for the Prevention of Pollu-
tion from Ships, as amended by the Pro-
tocol of 1978 (MARPOL 73/78), entered
into force on 6 April 1987. Annex II
sets forth measures to control the dis-
charge of noxious liquid substances
carried on board vessels. Included are
rules governing the discharge of cargo
into receiving tanks on shore and the
discharge of residues at sea as well as
two codes mandatory under MARPOL 73/78
relating to the carriage of noxious
liquid substances.
Under Annex II regulations, ships
certified to carry certain substances
will be required to be fitted with effi-
cient pumping systems to remove cargo
residues. The regulations also mandate
tankwashing for the most hazardous sub-
stances before the ship leaves part.
Port reception facilities are required
for a few substances and the port state
will be required to ensure that foreign
ships comply with Annex II.
C. MARPOL Annex V
The United States Senate on 5
November 1987 unanimously approved Annex
V (Regulations for the Prevention of
Pollution by Garbage from Ships) of the
International Convention for the Preven-
tion of Pollution from Ships (MARPOL
73/78). Previously, twenty-eight na-
tions, representing 48.02% of the
world's tonnage, had ratified Annex V.
U.S. ratification adds about 4.91% to
the total tonnage and provides enough
tonnage to meet the 50% requirement and
allow Annex V to enter into force.
Annex V governs the discharge of
garbage generated on board vessels into
the sea. It prohibits the disposal of
all plastics, including but not limited
to synthetic ropes, synthetic fishing
nets, and plastic garbage bags. ERegu-
lation 3 (1)(a)]. It further regulates
the disposal of garbage into the sea by
limiting garbage disposal to 25 nautical
miles for floatable dunnage, lining, and
packing materials, and 12 nautical miles
for food wastes and all other garbage.
EReg. 3 (1)(b)].
There are three exceptions to the
discharge provisions: (1) disposal nec-
essary for the purpose of securing the
safety of the ship or saving life at
sea; (2) escape resulting from damage to
a ship or its equipment; and (3)
accidental loss of synthetic fishing
nets or synthetic material incidental to
the repair of such nets. EReg. 63.
The prohibitions apply to all ships
and to fixed or floating platforms en-](ViewImageLocal?handle=hein.journals/ocoaslme32&div=1&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most