Ocean issues and Concerning laws

Ocean issues and Concerning laws

Author:- Nazish; B.A.LL.B. (9th Sem.), a Student of Saraswati Institute of Law, Palwal 

      Contents of table :-

Abstract- Ocean's importance- Causes and effects of Ocean Pollution- Need to protect Oceans Indian laws for oceans International laws/treaties for oceans Conclusion Reference -

Abstract- 

The ocean is crucial for our environment, providing oxygen, absorbing carbon dioxide, and supporting marine life and providing jobs. However, human activities like pollution and overfishing pose serious threats to its delicate system. In this article, we'll explore major ocean issues and laws to protect this amazing resource. So, let's dive into the topic! 

Ocean's importance-

Oceans hold immense significance in our lives, they are lifeblood of our planet, sustaining and nurturing all living beings. Ocean covers about 71% of Earth's surface and they are responsible for producing about 50% of oxygen. Ocean also regulates the climate and helps in fighting climate change by acting as a heat reservoir. Ocean is not only beautiful but also essential for our survival. To flourish the same here's a quote by "Ashlan Cousteau"  -

"When we think about climate change we must think about ocean, because it is our biggest ally in fighting climate change"

Causes and effects of Ocean Pollution-

There are various causes of ocean pollution that harm the health of our oceans. It's easy to damage, but hard to undo. Can we rely on the ocean like it relies on us? Let's explore the causes and effects of ocean pollution together-

1. Marine plastic pollution-

It's alarming to know that over 400 million tons of plastic are produced annually, with about 14 million tons ending up in the ocean each year. Plastic pollution has devastating effects on marine creatures, causing injuries and loss of life. Ghost nets further exacerbate the problem, trapping and harming marine life. It's crucial for us to take collective action to address these challenges and protect our oceans. 

2. Industrial, residential, agricultural waste-

Industrial, residential, and agricultural waste all contribute to ocean pollution, harming marine life and disrupting the balance of oxygen and climate. Chemical waste is also a significant factor. To protect our ecosystem and mitigate climate issues, we must reduce these activities and avoid directly discharging untreated waste into the ocean. 

3. Air pollution- 

Air pollution can harm marine life by contaminating the water with toxic chemicals and dust particles in the air. Which disrupts the marine ecosystem, causing oxygen depletion, acidification, and the accumulation of toxic substances. It's crucial to reduce air pollution to safeguard our precious oceans.

4. Oil spills - 

They might occur during ship refueling, oil transportation, or drilling operations. While small spills can be manageable, larger spills are disastrous. They can happen due to ship sinking, drilling mishaps, or pipeline breakage. Oil spills have extremely detrimental effects on marine life, physically impacting them and leaving lasting health issues. 

5. Overfishing -

Overfishing is when fish are caught at a rate faster than they can reproduce, leading to a depletion of fish populations over time. This has a negative impact on the balance of the ecosystem and marine life. While some countries have implemented schemes to address this issue, there is still work to be done to reduce overfishing globally.

6. Global Warming-

It also impacted the ocean by alterations in ocean chemistry, many oceanic processes, and threatened the many species of marine animals that cannot cope with higher temperatures. Conservationists say we should make big ocean areas protected to save the variety of sea life. 

These are only few major causes of ocean pollution and degradation of ecosystem but there are still more to explore. 

According to the "State of the Global Climate report 2022" by WMO, human activities and the increasing levels of greenhouse gasses in the atmosphere are the main drivers of climate change. In 2022, our planet experienced the warmest year in the past 8 years, and Antarctic sea ice remained below average throughout the year, reaching record lows at times in June and July also. 

Need to protect Oceans-

We must prioritize the protection of our oceans for a brighter future. As humans, our very existence is intertwined with the health of the oceans and the environment. Unfortunately, our activities have led to contamination and degradation of these important sphere of earth's surface. The oceans provide us with life, sustenance, and countless resources. By safeguarding them, we ensure a sustainable future for ourselves and future generations. People must work together to preserve and restore the beauty and abundance of our oceans. 

Indian laws for oceans-

India has a rich marine ecosystem and vast biodiversity, vital for species and coastal communities. UNCLOS 1982 mandates coastal states to protect the marine ecosystem and associated resources. Following are the main enactments-

• Maritime Zones of India Act, 1976  enables the government to take measures for protection of the Marine environment.

• Coast Guard Act, 1978 states that the preservation and protection of marine environment and control of marine pollution is falls under the ambit of this act.

• Merchant Shipping Act, 1958 coast guard officers are empowered under this act to take necessary actions against polluters. Following responsibilities have been given under the act-

(i) The ports are responsible for oil-spill clean-up within port limits. While oil-handling agencies are responsible for oil-spill clean-up upto 500 meters around the oil-handling installations.

(ii) When an oil spill reaches the shore and poses a threat to the coastline, it's the responsibility of the Coastal States and Union Territories to clean up the shoreline. 

International laws/treaties for oceans-

The UN works to ensure peaceful and cooperative use of seas and oceans for everyone's benefit. They established the Seabed Committee, banned nuclear weapons, declared seabed resources as common heritage. UN initiatives play a crucial role in protecting our seas and some are as follows-

• UNCLOS adopted in 1982, sets rules for ocean use and resource management. It combines traditional and new legal concepts and allows for future development in this area.

• The London Convention of 1972 is an international agreement that aims to control and prevent marine pollution. It prohibits the dumping of certain hazardous waste and requires permits for classified or general waste. 

• In 1996, they came up with the "London Protocol" to update the  London Convention and eventually replace it. According to the Protocol, all dumping is banned, except for certain acceptable wastes on the "reverse list". The London Protocol became effective on March 24, 2006.

• The 1978 MARPOL Protocol was created in response to the tanker accidents in 1976-1977. It absorbed the original MARPOL Convention, which hadn't yet come into force. The combined instrument became effective on October 2, 1983. Currently, 156 states are parties to the convention, representing 99.42% of the world's shipping tonnage. All ships flagged under these countries must follow MARPOL's requirements, no matter where they sail. The member nations are responsible for the vessels registered under their national ship registry.

• New : Most recent treaty but yet to be enforced- "Agreement under the UNCOLS on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction", adopted in New York, 19 June 2023 and signed on 20 September 2023.

Conclusion-

We've learned about ocean issues and how important they are in our lives. It's certain that the contribution of local authorities in coastal areas is needed to implement policies, rules, or regulations that will help conserve the ocean for us and future generations. It's our duty to protect the natural habitat and not exploit its resources. The UN Ocean Conference 2022 also played a significant role in raising awareness about the importance of oceans.

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Reference - 

1. nationalgeographic.com

2. imo.org

3. indiancoastguard.gov.in

4. public.wmo.int

5. oceanservice.noaa.gov

6. epa.gov

7. iucn.org