CSCAP WORKSHOP ON UNCLOS AND MARITIME SECURITY IN EAST ASIA MANILA, MAY 27, 2014

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1 CSCAP WORKSHOP ON UNCLOS AND MARITIME SECURITY IN EAST ASIA MANILA, MAY 27, 2014

2 SECTION 3: UNCLOS AND PRESERVATION OF MARINE ENVIRONMENT Promoting Cooperation through UNCLOS General principles in Part XII that guide policies UNCLOS and Marine Environment Protection beyond national jurisdiction Asia Pacific governance mechanisms for regional cooperation in environmental protection. Merchant Shipping CSCAP Study Group ARF. Inter Sessional Meeting on Maritime Security (ARF ISM MS) Priority Areas 2

3 Cooperation - UNCLOS Prompted by the desire to settle, in a spirit of mutual understanding and cooperation, all issues relating to the law of the sea Believing that the codification and progressive development of the law of the sea achieved in this Convention will contribute to the strengthening of peace, security, cooperation and friendly relations among all nations in conformity with the principles of justice and equal rights and will promote the economic and social advancement of all peoples of the world, - UNCLOS, Preamble 3

4 Cooperation in protection and preservation of the marine environment States shall cooperate on a global basis and,, on a regional basis,, in formulating and elaborating international rules, standards and recommend practices and procedures, for the protection and preservation of the marine environment, - UNCLOS, Article 197 States shall cooperate in eliminating the effects of pollution jointly develop and promote contingency plans for responding to pollution incidents... - UNCLOS, Article 199 States shall cooperate studies, research programmes and exchange of information and data... - UNCLOS, Article 200 States shall cooperate establishing scientific criteria for regulations... - UNCLOS, Article 201 4

5 Part XII Protection and preservation of the marine environment The basic obligations: Arts , 194 5

6 Marine Environment and Resource Article General obligation States have the obligation to protect and preserve the marine environment. Article Sovereign right of States to exploit their natural resources States have the sovereign right to exploit their natural resources pursuant to their environmental policies and in accordance with their duty to protect and preserve the marine environment. 6

7 Measures to Protect the Marine Environment Article 194 States shall take, individually or jointly as appropriate, all measures consistent with this Convention that are necessary to prevent, reduce and control pollution of the marine environment from any source, using for this purpose the best practicable means at their disposal and in accordance with their capabilities, and they shall endeavour to harmonise their policies in this connection 7

8 Enforcement Art 211.4/5/6 Coastal States for the purpose of enforcement as provided for inspection, may in respect of their exclusive economic zones in section 6, adopt laws and regulations for the prevention, reduction and control of pollution from vessels conforming to and giving effect to generally accepted international rules and standards established through the competent international organization or general diplomatic conference 8

9 Enforcement Art 218 Port State When a vessel is voluntarily within a port or at an off-shore terminal of a State, that State may undertake investigations and, where the evidence so warrants, institute proceedings in respect of any discharge from that vessel outside the internal waters, territorial sea or exclusive economic zone of that State in violation of applicable international rules and standards established through the competent international organization or general diplomatic conference 9

10 MERCHANT SHIPPING IN THE ASIA PACIFIC 10

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12 TOKYO MoU Port State control (PSC) comes into the scene when shipowners, recognised organisations and flag State administrations have failed to comply with the requirements of the international maritime conventions. Although it is well understood that the ultimate responsibility for implementing conventions is left to the flag States, port States are entitled to control foreign ships visiting their own ports to ensure that any deficiencies found are rectified before they are allowed to sail. Port State control is regarded as measures complementary to the flag State control. 12

13 Organisational Structure 18 member Authorities: Australia, Canada, Chile, China, Fiji, Hong Kong (China), Indonesia, Japan, Republic of Korea, Malaysia, New Zealand, Papua New Guinea, the Philippines, the Russian Federation, Singapore, Thailand, Vanuatu and Viet Nam; 2 co-operating member Authorities: the Marshall Islands and Peru; 4 observer Authorities: Democratic People s Republic of Korea, Macao (China), Solomon Islands and United States Coast Guard 6 observer Organisations: International Maritime Organisation (IMO) the International Labour Organization (ILO), the Paris MOU, the Viña del Mar Agreement, the Indian Ocean MOU and the Black Sea MOU. 13

14 MARITIME LAW ENFORCEMENT AGENCIES IN THE ASIA PACIFIC 14

15 CSCAP STUDY GROUP ON CAPACITY BUILDING FOR MARITIME SECURITY COOPERATION IN THE ASIA PACIFIC 15

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18 ARF ISM MS 18

19 6 TH ARF ISM MS ARF Maritime Security Work Plan Priority Area 3 - Capacity Building of Maritime Law Enforcement Agencies Co-Chairs Malaysia and China Concept tabled during 6 th ARF ISM MS in Bali 19

20 Illegal Cross Border Movements People Wildlife Contraband Subsidised goods Vehicles Timber Fuel (bunkering) Weapons (including WMD) Detonators for fish bombing 20

21 Illegal exploitation of Marine Life Endangered/indigenous species Corals Fish/crustaceans Ornamental fish 21

22 Attack on Maritime Communities Armed attack on coastal communities Piracy Armed Robbery at Sea 22

23 Marine Pollution Marine life in distress due to pollution 23

24 Other maritime related crimes Document and Bunkering Fraud 24

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