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Flag State, Coastal State And Port State Jurisdiction In Preventing Vessel Sourced Marine Pollution


Mehak Batra & Dr. M. Imran,Ph.D. Scholar, School of Law and Constitutional Studies, Shobhit Institute of Engineering & Technology (NAAC ‘A’ Accredited Deemed to be) University, Meerut & Professor


ABSTRACT


The marine environment's quality is deteriorating at a rapid pace, and there is a growing environmental awareness that the oceans are no longer an inexhaustible resource. Consequently, a complex system of integrated oceans policies has been established, as well as an international legal framework for the protection and preservation of the marine environment from vessel-source pollution. The United Nations Convention on the Law of the Sea 1982 and multilateral regulatory conventions administered by the International Maritime Organization comprise the international legal framework. Large-scale vessel source pollution incidents are primarily caused by ineffective flag, coastal, and port State jurisdiction. Flag States are legally obligated to guarantee that their vessels adhere to international law, regardless of their location, based on the international legal framework. Foreign-flagged vessels that are operating in the high seas, exclusive economic zone, territorial sea, special pollution prevention areas, and archipelagic waters are subject to the jurisdiction of coastal states. The rights of passage of the vessels should not be unduly impeded by the exercise of this jurisdiction. Additionally, port States are allowed to inspect vessels that are voluntarily entering their ports and internal waters to enforce internationally recognized and generally accepted standards for the preservation of the marine environment.


Keywords: Vessel Sourced Pollution, Marine Environment, Flag State, Port State, Coastal State



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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