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33 Ocean & Coastal L. Memo 1 (1989)

handle is hein.journals/ocoaslme33 and id is 1 raw text is: Ocean and Coastal Law Center * School of Law * University of Oregon * Eugene, OR 97403 Ocean and Coastal Law Memo Issue 33 October 1989 Beginning with this issue, the formerly separate publications Ocean Law Memo and Coastal Law Memo have been combined into one publication entitled Ocean and Coastal Law Memo. RECENT DEVELOPMENTS IN OCEAN AND COASTAL LAW, 1988 1. INTERNATIONAL DEVELOPMENTS A. Law of the Sea Convention UNCLOS Preparatory Commission Sixth Session The Preparatory Commission held its 6th session in New York in late Xugust, 1988. Focus of the session was on the deep seabed mining regime, including the ongoing obligations of the registered pioneer investors (now four: India, USSR, France, and Japan), projections for actual deep seabed mining to be operational, long term protection of the developing land-based producer nations from the potential subsidization of deep seabed mining, technology transfer, training for the Enterprise staff, and further development of the International Seabed Authority under the 1982 United Nations Convention on the Law of the Sea (UNCLOS). B. Marine Debris MARPOL Annex V Annex V of MARPOL went into effect on December 31, 1988, 12 months after the U.S. ratified the Convention. Annex V completely bans the discharge of plastic waste at sea. A 25 n.m. limit is placed on non-plastic floating materials, and a 12 n.m. limit on other unground non-plastic or food wastes. A 3 n.m. limit is placed on ground non- plastic or food waste. Special areas can be identified under Annex V which have more stringent regulations. The Marine Environment Protection Committee (MEPC) of the Intergovernmental Maritime Organization (IMO) held its 26th annual session in September in London. Implementation guidelines for MARPOL Annex V were finalized. The U.S. announced that it would formally present a proposal to identify the Gulf of Mexico as a special area, requiring more stringent control measures than under Annex V in general, at the 27th session in March, 1989. Implementation of special area status for the Baltic Sea was announced as ready to proceed. A high level priority status, In the form of particularly sensitive sea areas, will be the subject of criteria to be developed by Friends of the Earth International on behalf of MEPC, to be presented at the 1990 session. In both types of area, Article 211 of the 1982 UNCLOS Is viewed as international legal authority. On April 24, 1989, the U.S. Coast Guard issued interim final rules implementing Annex V. The regulations apply to marine craft of any size and offshore platforms. Disposal of plastic wastes at sea is prohibited and other waste discharges are restricted. The National Oceanic and Atmospheric Administration (NOAA) has published a guidebook for ports in meeting their responsibilities under Annex V. Marine Plastics Pollution Research and Control The Marine Plastic Pollution Research and Control Act of 1987 took effect on December 31, 1988. The act bans marine dumping of plastic waste from vessels or offshore facilities. This issue had been excluded from the implementing legislation for MARPOL Annex V, passed in December, 1987. Distributed by the Oregon State University Extension Sea Grant Program, Corvallis, OR 97331

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