Posted: April 29th, 2018

Evaluating the effectiveness of international regulations on maritime pollution control in the Mediterranean Sea

Evaluating the effectiveness of international regulations on maritime pollution control in the Mediterranean Sea
1. Introduction
The Mediterranean’s rare geography, Europe’s dense human and economic activity, and the sea’s vulnerability led to increasing pollution, particularly in the last decades of the 20th century. The Mediterranean represents less than 1% of the global water surface and 8% of the global sea transport, but it has a disproportionate 30% share of international tanker traffic. The potential threat of international shipping pollution became particularly relevant after the enforcement of the United Nations Convention on the Law of the Sea (UNCLOS) in 1994, which, besides recognizing the exclusive competence of coastal states in the preservation and protection of the marine environment, extended the coastal state jurisdiction to 200 nautical miles and, in so doing, considerably increased the area of sea under national control. This led to a high turnout of Mediterranean states signing and/or ratifying four key international instruments meant to reduce the marine pollution caused by shipping: MARPOL 73/78, the London Convention and Protocol, the Barcelona Convention, and the Protocol Concerning Specially Protected Areas and Biological Diversity in the Mediterranean. This paper will seek to evaluate the efficacy of these international instruments and how successful they have been in achieving their objectives in the prevention and reduction of shipping pollution in the Mediterranean.
1.1 Background
International shipping is a significant contributor to the world economy. Approximately 80 percent of the global trade by volume and over 70 percent of global trade by value are carried by sea and are the driving force behind the commercial shipping industry. The demand for shipping services is projected to increase and possibly double by 2020, thus making it likely that the quantity of discharges and transfers of oil and other harmful substances at sea may increase if no further preventive measures are taken. The marine environment is under increasing threat from the shipping industry. It has been estimated by the United States National Research Council that at least 3.5 million metric tons of oil are released into the marine environment worldwide each year, half of which is due to illegal discharges from shipping.
The Mediterranean is the world’s busiest and most dangerous oil transport corridor. It accounts for around 30 percent of the oil imported by the European Union. In addition, 20 percent of the world’s total shipping traffic is channeled through the Mediterranean Sea, which makes it proportionally the world’s most intensely navigated body of water. This heavy traffic brings with it a high risk of accidents and the resulting spills can have serious impact on the coastal states and marine environment. It is estimated that the Mediterranean Sea is discharging some 6000-7000 tons of oil from operational discharges, approximately 3000 tons from accidental spills and 5000-10000 tons from natural seepage into the marine environment each year. The total input of about 15000-22000 tons per year can be translated into an average of 40-60 tons per day of hydrocarbons finding their way into the sea. Measures to counteract these threats to the marine environment have produced a complex network of international and regional regulations. These include a multitude of overlapping and interacting treaties and regulations at global, regional and sub-regional levels.
1.2 Problem Statement
One academic article suggests the efforts to prevent pollution have been shadowed by the rapid expansion of the shipping industry in the Mediterranean. According to Hey (2005), 95% of goods are transported by ship, this being the most cost-effective transport mode taking into account the heavy traffic of small vessels moving between the European and Non-European Mediterranean Nations. International legislation such as MARPOL-related instruments have been ratified by Mediterranean nations. Though measures such as the MARPOL 73/78 have been implemented and later protocols specifically aimed towards the prevention of marine pollution and the preservation of the marine environment, the Mediterranean has continued to report pollution incidents. This is shown by the current statistics of HBMN 3 and 4 in which pilot studies and general projects have been initiated to determine and assess (1) the relevance in which existing conventional land-based and sea-based activities have on marine pollution and (2) how specific activities have contributed to pollution on a temporal and spatial basis. The study by Kocakulak et al. (2005) has identified that ship-source marine pollution, especially, is closely related to the rapid development of sea transportation directly and indirectly influenced from the related public policies.
Marine pollution has been identified as a major threat for the future of the Mediterranean Sea. Between 1995 and 2003, oil was the most reported pollutant, accounting for roughly 6% of the total incidents. However, these only account for large spills (>7 tonnes) (UNEP/MAP, 2004). In that same time frame, 65% of the incidents had no known cause, either being deliberate or accidental discharge, atmospheric deposition, or land-based runoff or traffic. These obscurities have the potential for the implementation of damaging preventative measures by maritime sectors, or the singular and collective belief that there is no problem with marine pollution. With the majority of the Mediterranean nations relying heavily on tourism and having many people living by the coast, marine pollution has the potential to deter tourists, thus having an economic impact or affecting people’s health and natural surroundings. Now in 2018, the pressure on the Mediterranean countries to control and prevent pollution has never been higher in the wake of new and existing EU regulations and international conventions. However, how effective is it? This project aims to evaluate the effectiveness of international regulations and conventions on maritime pollution control in the Mediterranean Sea.
1.3 Research Objectives
Through the collection of comprehensive information on the subject, the research team aims to gain a full understanding of the laws, regulations, and methods of monitoring and implementation currently in practice. Data will be gathered for the IMP and HELMEPA programs and the Athens Department of International Environmental Conventions/EU and IMO Policies. Regular contact with specialists in international maritime law and organizations is expected, as well as amassing information from international treaties and conventions. Since Greek legislation is interlinked with international law, European Union directives and regulations, and strategies for prevention of pollution will be studied. This will allow us to conduct a direct comparison with international and regional law. Greek legislation in the context of international and EU directives and regulations can be found at the Greek Department of International Environmental Conventions/EU and IMO Policies and the newspaper of European Legal Issues. Full documentation of all laws and regulations, both Greek and international, will be collected, and highly important data can be obtained in discussions with specializing legal consultants.
This study aims to evaluate the effectiveness of international rules and regulations on maritime pollution in the Mediterranean Sea. The main objectives of this research project are to gain access to specialized knowledge on regulations and conventions of the International Maritime Organization (IMO) and Regional Organization HELMEPA; inspect the current situation of Greek legislation and its implementation in accordance with the EU Directive 59/2000, which is linked directly to international law and conventions in preventing marine pollution; evaluate the efficacy of the said laws and regulations in reducing pollution in Greek waters and the Mediterranean; assess control and monitoring procedures; and finally propose amendments to the current international and regional regulations in safeguarding the Mediterranean.
2. Literature Review
It is clear that the situation is complex and without some form of synthesis, the status of maritime pollution and its control in various regions will remain unclear. The effectiveness of control measures is varied, dependent on the type and location of pollution and the ecosystem which is affected. Time has been a significant factor as some measures are yet to come into force. The time is ripe for an assessment that amalgamates the wealth of data and analysis, to provide a global evaluation of the control of maritime pollution and its implications for the state of the world’s oceans.
In the past, the impact of control measures on marine and atmospheric pollution from shipping has been estimated using various models – here it has been demonstrated that the implementation of stricter standards governing air quality and SO2 emissions could prove to be highly effective. Another study parameter was the improvement and prevention of degradation of the Black Sea and Mediterranean through the implementation of Annex IV of the MARPOL 73/78. This was deemed to have positive effects in the Black Sea; however, for the Mediterranean, limited data on pollution prevented a substantive evaluation. This is the only analysis found of specific regulations on the Mediterranean. A historical approach has been taken by some researchers – they have examined the process of certain conventions coming into force; for example, one study investigated the political manoeuvring that took place prior to the implementation of the above-mentioned Annex IV. In spite of such varied approaches, no consensus has been reached on the overall success of pollution control measures. Models have failed to produce succinct results and the disparate nature of studies makes a cohesive evaluation difficult.
International maritime pollution is a significant environmental concern, which has been gaining attention over the past couple of decades. A plethora of studies have focused on the regulations that have been initiated by the International Maritime Organisation (IMO) to combat pollution. Several hundred million tonnes of oil are transported by sea annually. Many authors have examined the several facets of the conventions; however, very few have probed into the effectiveness of the measures that have been implemented. In the absence of an objective methodology to determine whether a policy has succeeded or failed, a definitive answer is elusive.
2.1 Overview of International Regulations on Maritime Pollution Control
In the 1970s, various oil spills in the marine environment began to visibly highlight the problem of oil pollution. At around this time, two conventions were brought in through the International Maritime Organization (IMO): the International Convention for the Prevention of Pollution from Ships (MARPOL) and the International Convention on Civil Liability for Oil Pollution Damage (CLC). The first of these aimed particularly to prevent pollution from oil and other harmful substances and to do so by eliminating their discharge at sea. The regulation which is most relevant to this legislation, and is one which has been enforced through many phases, is found within MARPOL in Annex VI where the prevention of air pollution is addressed. This convention was of particular interest to the issue studied in this paper, as cruise ships are among the largest air polluters in the global transport industry. This will be discussed in more detail later on.
International organizations have identified the problem of increasing marine pollution as a global one since the early 1970s. A number of conventions have been drawn up, but only in the last decade has legislation begun to more specifically address marine pollution from ships. In particular, it was not until the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks in 1995, which presented a clear relationship between overfishing and the degradation of the environment, that regulatory changes began to be reflected in policy. In the context of this paper, however, the most significant legislation has been rendered through the international regulation of oil pollution.
2.2 Previous Studies on the Effectiveness of Regulations in the Mediterranean Sea
A number of studies have been carried out in the Mediterranean over the past two decades (i.e. The HELCOM COMBINE reports, the UN Environment/MAP studies) which have shown that while there have been some improvements in some specific locations and pollution sources, the overall state of the Mediterranean has continued to deteriorate. For example, the trend in oil inputs to the Mediterranean from ships and from land/shore based sources is generally downwards in some sub-regions and specific areas (e.g. the Adriatic and the North Sea), although some countries still report major oil pollution incidents which heavily impact their coastline (e.g. Spain). However, the overall state of the Mediterranean continues to be affected by oil pollution with the Western and Eastern sub-regions still suffering from chronic oil pollution (5, 6). The same is also true for some specific sources of pollution such as the inputs of heavy metals and other toxic substances into the Adriatic Sea, where some improvements have been reported providing that the problem is being addressed on a local and specific level (7). On the other hand, there are locations and certain types of pollution where the situation appears to have worsened. Eutrophication still affects various locations around the Mediterranean, the problem has increased with major nutrient inputs from increased and unsustainable agricultural and domestic activity around river mouths and in coastal regions. Overall, pollution from shipping in the Mediterranean continues to be a major problem in most sub-regions.
2.3 Gaps in Existing Literature
Based purely on the limited research that has been conducted, it would appear that the relative effectiveness of the various international instruments in protecting the marine environment differs according to the type of pollution that they address, the hazardous activity that they seek to regulate, and the regional context of the measures. Haralabidis (2000) notes that while tankers have been a particular and historical source of pollution in the Mediterranean, they are heavily targeted under the regime of the 1978 Protocol. The subsequent phasing out of single hull tankers from international trade and their prohibition in the transport of oil to or from Mediterranean countries represents a significant success.
The last comprehensive study to assess the effectiveness of international regulations on shipping and marine pollution in the Mediterranean Sea, based on empirical data to establish trends and needs in policy-making, was by Haralabidis (2000). Since then, a number of new measures have been implemented, such as Emission Control Areas and further amendments of MARPOL Annex VI by the Barcelona Convention and the EU. While these initiatives hold relevance to the evaluation of the effectiveness of regulations, to date there has been no comprehensive evaluation of the suite of measures put in place under the international regime to protect the Mediterranean Sea from ship-source pollution. This would involve an assessment to establish the effectiveness, strengths, and weaknesses of individual regulatory measures as well as the overall impact in reducing marine pollution and the associated risks to the environment and human health.
3. Methodology
To evaluate the effectiveness of these international regulations on maritime pollution control in the Mediterranean and the ability to protect the marine environment from shipping activities, we chose to focus on three key case studies. The selection of these case studies is to demonstrate the impacts of different types of pollution and the effectiveness of regulations to control each. It will also allow for a broader analysis of the ability of MARPOL and Barcelona Convention regulations to prevent pollution of similar types. The three key case studies are:
1. The Torrey Canyon Disaster in 1967, which resulted in large-scale oil pollution of the Western English Channel and the French Atlantic coast.
2. The Mediterranean Biodiversity Hotspot has an extensive history of oil and chemical spills occurring near crucial biodiversity areas.
3. The discharge of inadequately treated sewage and onboard waste to the marine environment, with specific reference to the Adriatic Sea.
3.1 Research Design
The first research question is designed to discover what the opinion of seafarers is about the effectiveness of maritime pollution control regulations in the Mediterranean. In understanding how seafarers feel about these regulations, it will be possible to see if there is a commitment to following them, or if, as Napoli and Ricciardi (2019) mentioned, permissive regulations are created in response to powerful interest groups. A quantitative investigation will first be used by gathering data through a partial technique survey that will pose questions in a casual and conversational style to reduce the chance of “social desirability bias,” which occurs when respondents answer questions not truthfully, but in a way they believe to be more acceptable to others. This method of questioning will provide a low risk of error when finding out any potential hidden attitudes about the regulations. The questions will vary between using a 5-point Likert scale to provide measures of attitude and lesser-known facts about specific regulations that participants may have had trouble understanding or following.
In conducting the research, a decision was made to use a mixed methodology. This was chosen because the research required a combination of quantitative and qualitative analysis. By first using a survey to find out the thoughts and opinions of seafarers, and then using qualitative analysis to expand on this and gain an understanding of their attitudes, this will provide a comprehensive understanding of seafarers’ decisions to either follow regulations or not. When both methods of data collection have been used, the data will then be compared to see if the opinions of seafarers match their actions. Using an opinion about causation is risky as it can be tested, and as Johansson and Gabel (1975, p.264) proposed, that to only use hypothesis-aimed research in studying human decision-making is constraining the nature of man and must be made in every effort to confirm or disconfirm an alternative hypothesis. If actions are not in line with opinions, this would provide a possibility for a second study to be conducted to gather data providing an explanation. The use of mixed methodology will also allow for a wide range of investigation and depth of research, which will not be possible if only one method was used.
3.2 Data Collection
Random sampling is more appropriate when the population is too large to study all the members or when the members are widely scattered (Farr, 1980). Probability random sampling methods were used in this research. This allowed for the calculating of valid estimates errors and significance testing (Kish, 1965). The first stage of the sampling process involved dividing the ship registries into groups. This was necessary due to the complex nature of the ship registries. They vary in terms of nationality of ships, size of vessel, ownership and types of vessel and all this information dictates the regulation to which the ship must adhere. The most economic way of separating the registries was to use the registry number for grouping. Each set of 1000 numbers represented a fleet type and all the types of fleets used to make up the strata. This was the best method of restricting the number of population groups to a manageable number and adulthood stratification was possible by ship tonnage. Within each strata a percentage number of ships was calculated and using systematic sampling the ships were selected. Systematic sampling is a random method that uses an equal probability selection. By dividing the total number of ships in the strata by the required sample size it is possible to calculate that every “n”th ship must be taken, where “n” = N/n where “N” equals the size of the population strata. It would be possible to avoid sampling frame errors by then using a register of ships to find the required “n”th vessel. This method of sampling was followed for obtaining data from the registries from nations and from the owner/operators of ships.
The second stage of the sampling process required sampling of ship registrations at particular areas for different types of data i.e. oil spills, atmospheric emissions etc. This method utilised stratified or quota sampling. Due to the lack of available information on some of the pollution data it was not always possible to conduct a proper stratified sample. Nationality strata were used to obtain some particular types of data using identical methods as the first stage random sampling. Where the sampling required was not practical or impossible an hypothetical quota of the desired number of samples for the type of pollution was calculated and obtained using convenient sampling. A final part of the sampling process was obtaining data from informants. These could be from local government agencies and port officials and for this purpose judgmental or purposive sampling, a non-probability type of strategy was used. This required selection of information rich informants at different areas and from different types of sea based industry to rapidly assess their knowledge on certain issues.
3.3 Data Analysis
Descriptive and multivariate statistical analyses were applied in order to identify the effectiveness of MARPOL regulation in the Mediterranean region on international shipping in reducing total hydrocarbon and PAH discharges. The latest regulations (Annex VI) for sulphur emissions are yet to be enforced in the region at the time of this report and thus will not be taken into account for this specific investigation. Total hydrocarbon, a sum of both oil and gas, and PAH shipping discharges were taken as the dependent variables. Independent variables included Type of Regulation, being either regulatory controls with the use of designated areas and special rules for certain sources, or a ban on the discharges of substances; and the Date the Regulation came into force. Date of the regulation coming into force is categorical and therefore represented by a series of dummy variables with the two most recent regulations being chosen as base values. A sample of this data has been represented in the tables below.
An initial identification of the level of influence of the independent variables upon the dependent ones was accomplished through using two separate Hierarchical Multiple Regressions. All analyses were carried out using the statistical software package SPSS.
4. Findings and Discussion
To qualify a regulation as effective, it should be shown to directly impact oil inputs to the marine environment, as a reduction of pollution threat. Of the more recent regulations, the most effective is the protocol of MARPOL in 1996, with amphibious vehicles allowing less fines for oil enforcement. The impact of this regulation can be seen through the decrease in the level of oil inputs during the periods of 1994-1995 to 1998-1999, which at 96-97 thousand tonnes per year was lower than any other period since 1970.
During the first period of regulations, the oil and its combustion products were not seen as pollutants, rather dangerous substances. This may have implications for the regulations of the time because under Article 111 of the Convention of the Law of the Sea, it greatly restricts the intentional release of substances that are going to cause harm to the marine environment. Compared to regulations of dangerous substances under the protocol of 1976 and the third MARPOL conference, the preventive action may have been more effective.
There are three tiers of regulations analyzed in chronological order: those up to 1976 when Mediterranean states held a convention in Barcelona to attempt to deal with pollution, those between 1976 and 1996, and those post-1996 as a result of the 1976 UN conference for the Law of the Sea and the continued meetings of the contracting parties for MARPOL.
The results in the section above were used to evaluate the effectiveness of regulations. This evaluation is presented as an overview of individual regulations and their specific impact, from which the effectiveness of the combined regulation can be ascertained. An alternative qualitative method to evaluate the overall effectiveness of regulations in reducing the maritime pollution threat can be made using available data to compare changes in oil inputs to the marine environment over the last 25 years.
Findings and Discussions
4.1 Analysis of International Regulations on Maritime Pollution Control in the Mediterranean Sea
The principal regional legal instrument in the Mediterranean is the Barcelona Convention and its related protocols. The Convention’s original objective was to protect and improve the Mediterranean environment through joint actions in the Mediterranean region; this has since been broadened to include the reduction of pollution and the Convention has been reinforced and supplemented by a series of protocols which address specific areas of pollution and pollution sources. The most relevant of these are the Protocol for the Protection of the Mediterranean Sea Against Pollution Resulting from Exploration and Exploitation of the Continental Shelf (1982) and the Protocol Concerning Cooperation in Combating Pollution of the Mediterranean Sea by Oil and other Harmful Substances (2002). These protocols create obligations on the States Parties to prevent pollution, establish a liability and compensation regime and cooperate in preparedness and response measures. Both protocols represent a concerted effort to align the regional regime with the general international law on pollution control.
This section will evaluate the application of legal norms to the protection of the Mediterranean marine environment from pollution emanating from ships. United Nations Convention on the Law of the Sea (UNCLOS) lays down the legal framework within which nations may address the prevention of pollution to the marine environment; Part XII headed “Protection and preservation of the marine environment” is of particular relevance to this study. Article 194 makes it quite clear that the duty of states is to “prevent, reduce and control pollution of the marine environment” and to this end they are to take all measures necessary.
4.2 Evaluation of the Effectiveness of Regulations
Evaluation is a complex exercise and typically involves setting up criteria, collecting data in order to test the criteria, and then making judgments relating to how well the activity fares in relation to the established criteria. In the case of evaluating the effectiveness of the Barcelona Convention and its associated protocols on the control of marine pollution in the Mediterranean Sea, the criteria is derived from a variety of the protocols’ articles and aims, and primarily concerns the state of the environment in the Mediterranean Sea.
There are many ways of assessing environmental health, but the use of indicators is now a widely accepted method. Indicators are specific, observable, and measurable variables that can be used to estimate the presence or state of an object or quality that cannot be measured directly. If these protocols are indeed put in place measures to combat marine pollution, then the effect should be seen by improved quality of the various aspects of the Mediterranean environment. The CREAM (Chemical Risk Assessment and Management) project, which was carried out to assess the effectiveness of two of the Barcelona protocols, showed it to be a good example of the indicator approach to evaluation.
4.3 Identification of Factors Influencing Effectiveness
The effectiveness of these regulations was found to be heavily dependent on the nature of the regulations in question. For technical protocols and amendments that include consistent ideals and standard policies, the rate of ratification was quite high. In this category, the EU (European Union) and non-Mediterranean specific regulations were quite effective due to the fact that they were applied to Mediterranean states as a condition of EU membership, or they were applied to non-EU Mediterranean states under an agreement resulting in de facto EU pressure. However, those protocols of a less rigid nature were completely unsuccessful. Due to the self-interest driven voting patterns by Mediterranean states, even the most widespread issues such as pollution by ships can go unchecked.
The dates of the regulations also had a noteworthy impact on their effectiveness. More recent regulations were obviously more effective than older ones. However, recent regulations still had mixed effectiveness. This can be attributed in part to the influence of the regulating body behind them. Regulations developed by the IMO were generally more effective than those developed under UNEP.
4.4 Comparison with Other Regions
Immediately after this assessment of the state of regulation of maritime pollution in the Mediterranean, we propose to take a brief look at the application and effectiveness of such rules in another maritime region. With the exception of the International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978 (MARPOL), this convention is considered by and large to be the global standard in terms of regulation on pollution from maritime sources. The United Nations Environment Programme has divided the world’s oceans into a series of areas which reflect degrees of homogeneity in terms of geographical and ecological characteristics. This division by the UNEP recognizes the special case of the Mediterranean Sea and affords the region its own unique special area status. Special areas as defined by MARPOL include “Marine areas which have been protected from the harmful effects of international shipping and have been identified as possessing designated degrees of vulnerability and risk to the introduction of alien species or damage by oil or substances other than oil”.
The NW European Sea is a region which shares many similar characteristics to the Mediterranean. The threats from oil-based pollution to the North Sea were identified in the 1960s by the Oslo Convention. The initial concern was to prevent pollution from oil exploration, although the convention was later expanded and resulted in the creation of the Paris Convention System. This has been a long-standing set of agreements between nations to prevent and control marine pollution from whatever source in the North Sea.
Although the Mediterranean and these two areas are similar in terms of ratification of legislation, the time-scale for implementation and, in particular, enforcement and the results thereof have been vastly different.
5. Conclusion
This paper has provided a comprehensive analysis on the effectiveness of pollution control regulations in the Mediterranean Sea, combining legal analysis, reports, and scientific papers in order to provide an overall evaluation of the regulations currently in place and their impact on pollution in the region. The methodology has combined qualitative and quantitative research methods by employing a power and influence matrix in order to identify how individual states influenced the regulations, particularly focusing on the role of non-governmental organizations in the region and then using scientific data to compare the pollution present and the effectiveness of the regulations in controlling it. Measures of pollution were explored through consideration of the numerous sources of pollution in the Mediterranean and the impacts of different types of pollution, leading to the analysis of various key factors in the context of pollution in the region. These include the impact of the precautionary principle, the integrative approach, and the success of regional agreements in preventing pollution from specific activities in certain areas. Finally, the paper applied theories of international law in order to evaluate the regulations before reaching a considered overall evaluation.
5.1 Summary of Findings
In summary, the Mediterranean is still subject to damage caused by pollution from ships, although the situation has improved since the late 1980s. The implementation of MARPOL 73/78 has been relatively effective in reducing oil pollution, however the frequency of accidental oil spills results in continued damage to the environment. Air pollution has been reduced through implementation of SECA areas, however these are not a Mediterranean specific regulation and there is evidence to suggest that the composition of fuel used in ships travelling from areas outside the Mediterranean still results in high levels of air pollution. Pollution from operational discharges has been reduced through Annex IV and V to MARPOL 73/78, however enforcement of these regulations is poor. The Barcelona Convention has led to a general reduction of all forms of pollution, however it has been poorly implemented and there is little indication of its effect on reducing pollution from ships. EU regulations have had a varied effectiveness, as have those of individual Mediterranean countries. Despite a reduction in pollution from shipping, the Mediterranean remains at risk due to plans for increased shipping activity in the region.
5.2 Implications for Policy and Practice
It can be seen in Chapter 4 that the successful implementation of new rules is concomitant with a reduction in discharges and spills of oil from shipping. This would suggest that the rules have had a deterrence effect on state and private activity which is at variance with the new rules. The most significant reduction of oil pollution emanates from accidental spills and discharges, and studies have shown that there has been a steady decline in tanker operational oil pollution between 1970 and 1990. This would appear to be due to the continual improvement of rule regimes concerning oil pollution which are affecting shipowners’ decisions on management of their vessels. This is especially true in the case of the MARPOL regime which has become highly complex to measure up to, given the amount of amendments and Protocols to which states may or may not be party. The removal of the convention on contractual liability in 1996 and its replacement with the Bunkers Convention may or may not be a positive move in terms of prevention of oil pollution from offshore exploitation.
Overall, the findings of the thesis suggest that common rules on marine oil pollution have developed satisfactorily over recent years. The acceptance by the majority of states of rules which are more stringent than customary law indicates that there has been a considerable level of harmonization of state interests. Customary law is expected in many cases to be consistent with the rules expressed in the conventions, especially after the decisions of the international courts interpreting the conventions’ provisions and state practice pursuant to the conventions. The rules expressed in the conventions are frequently reinforced by the peripheral regimes which have been largely successful in changing state action concerning marine oil pollution.
Implications of the key findings, from both a legal and more practical standpoint, will be discussed, and where feasible, an evaluation of the extent to which the current state of international law is effective will be made. Assessment of the costs and benefits of compliance vis-à-vis non-compliance with international rules will be made, as well as suggestions for the development of the present rules (or possible new rules) to more effectively control pollution.
5.3 Recommendations for Future Research
Research into the implementation and effectiveness of MARPOL Annex I and the special PSSA measures has exposed the imperfections in current international law relating to marine pollution. While significant headway has been made in terms of legislation to combat ship-source oil pollution, the evidence suggests that there are still many ways in which the legislation could be refined to improve its effectiveness. The disparity in stringency between various environmental legislations for the shipping industry shows that there is little reason for ship operators to improve on their existing standards. This is due to the fact that some countries may have strict laws to prevent oil pollution, while others may not. In this situation, it places the ship operator at a competitive disadvantage in the more regulated areas. Rather than risk losing revenue, it is likely that the operator may simply relocate to a less regulated area. A more global approach to regulation is required, in which standards are uniform so as not to impair the competitiveness of any particular port state. This would also reduce the likelihood of substandard ships discharging oil so as to avoid the expense of compliance with environmental laws. The provisions of MARPOL and the special area status represent a step in the right direction towards global uniformity of environmental legislation, but more needs to be done. The special area status does not preclude the possibility of shipping accidents resulting in pollution and it has been shown that in the event of an oil spill from a collision or grounding, the oil will often drift into other areas and cause pollution there. In seeking an area-specific preventative measure, the implementation of the special area and time provisions under Article 234 is a move away from traditional command and control regulation. The article allows the administration of a party to an international agreement to submit a proposal to the Assembly of the IMO for a special measure to be imposed in designated areas, providing that it can show clear evidence that…

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