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PART XII
PROTECTION AND PRESERVATION OF THE
MARINE ENVIRONMENT
SECTION 1. GENERAL PROVISIONS
States have the obligation to protect and preserve the marine environment.
Article 193
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.
Article 194
Measures to prevent, reduce and control pollution of the
marine environment
1. 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 harmonize their policies in
this connection.
2. States shall take all measures necessary to ensure that activities under
their jurisdiction or control are so conducted as not to cause damage by
pollution to other States and their environment, and that pollution arising
from incidents or activities under their jurisdiction or control does not
spread beyond the areas where they exercise sovereign rights in accordance
with this Convention.
3. The measures taken pursuant to this Part shall deal with all sources of
pollution of the marine environment. These measures shall include, inter
alia, those designed to minimize to the fullest possible extent:
- the release of toxic, harmful or noxious substances, especially those
which are persistent, from land-based sources, from or through the
atmosphere or by dumping;
- pollution from vessels, in particular measures for preventing
accidents and dealing with emergencies, ensuring the safety of
operations at sea, preventing intentional and unintentional
discharges, and regulating the design, construction, equipment,
operation and manning of vessels;
- pollution from installations and devices used in exploration or
exploitation of the natural resources of the sea-bed and subsoil, in
particular measures for preventing accidents and dealing with
emergencies, ensuring the safety of operations at sea, and regulating
the design, construction, equipment, operation and manning of such
installations or devices;
- pollution from other installations and devices operating in the
marine environment, in particular measures for preventing accidents
and dealing with emergencies, ensuring the safety of operations at
sea, and regulating the design, construction, equipment, operation
and manning of such installations or devices.
4. In taking measures to prevent, reduce or control pollution of the marine
environment, States shall refrain from unjustifiable interference with
activities carried out by other States in the exercise of their rights and
in pursuance of their duties in conformity with this Convention.
5. The measures taken in accordance with this Part shall include those
necessary to protect and preserve rare or fragile ecosystems as well as the
habitat of depleted, threatened or endangered species and other forms of
marine life.
Article 195
Duty not to transfer damage or hazards or transform one type
of pollution into another
In taking measures to prevent, reduce and control pollution of the marine
environment, States shall act so as not to transfer, directly or
indirectly, damage or hazards from one area to another or transform one
type of pollution into another.
Article 196
Use of technologies or introduction of alien or new species
1. States shall take all measures necessary to prevent, reduce and control
pollution of the marine environment resulting from the use of technologies
under their jurisdiction or control, or the intentional or accidental
introduction of species, alien or new, to a particular part of the marine
environment, which may cause significant and harmful changes thereto.
2. This article does not affect the application of this Convention
regarding the prevention, reduction and control of pollution of the marine
environment.
SECTION 2. GLOBAL AND REGIONAL CO-OPERATION
Article 197
Co-operation on a global or regional basis
States shall co-operate on a global basis and, as appropriate, on a
regional basis, directly or through competent international organizations,
in formulating and elaborating international rules, standards and
recommended practices and procedures consistent with this Convention, for
the protection and preservation of the marine environment, taking into
account characteristic regional features.
Article 198
Notification of imminent or actual damage
When a State becomes aware of cases in which the marine environment is in
imminent danger of being damaged or has been damaged by pollution, it shall
immediately notify other States it deems likely to be affected by such
damage, as well as the competent international organizations.
Article 199
Contingency plans against pollution
In the cases referred to in article 198, States in the area affected, in
accordance with their capabilities, and the competent international
organizations shall co-operate, to the extent possible, in eliminating the
effects of pollution and preventing or minimizing the damage. To this end,
States shall jointly develop and promote contingency plans for responding
to pollution incidents in the marine environment.
Article 200
Studies, research programmes and exchange of
information and data
States shall co-operate, directly or through competent international
organizations, for the purpose of promoting studies, undertaking programmes
of scientific research and encouraging the exchange of information and data
acquired about pollution of the marine environment. They shall endeavour to
participate actively in regional and global programmes to acquire knowledge
for the assessment of the nature and extent of pollution, exposure to it,
and its pathways, risks and remedies.
Article 201
Scientific criteria for regulations
In the light of the information and data acquired pursuant to article 200,
States shall co-operate, directly or through competent international
organizations, in establishing appropriate scientific criteria for the
formulation and elaboration of rules, standards and recommended practices
and procedures for the prevention, reduction and control of pollution of
the marine environment.
SECTION 3. TECHNICAL ASSISTANCE
Article 202
Scientific and technical assistance to developing States
States shall, directly or through competent international organizations:
- promote programmes of scientific, educational, technical and other
assistance to developing States for the protection and preservation
of the marine environment and the prevention, reduction and control
of marine pollution. Such assistance shall include, inter alia:
(i) training of their scientific and technical personnel;
(ii) facilitating their participation in relevant international
programmes;
(iii) supplying them with necessary equipment and facilities;
(iv) enhancing their capacity to manufacture such equipment;
(v) advice on and developing facilities for research, monitoring,
educational and other programmes;
- provide appropriate assistance, especially to developing States, for
the minimization of the effects of major incidents which may cause
serious pollution of the marine environment;
- provide appropriate assistance, especially to developing States,
concerning the preparation of environmental assessments.
Article 203
Preferential treatment for developing States
Developing States shall, for the purposes of prevention, reduction and
control of pollution of the marine environment or minimization of its
effects, be granted preference by international organizations in:
- the allocation of appropriate funds and technical assistance; and
- the utilization of their specialized services.
SECTION 4. MONITORING AND ENVIRONMENTAL
ASSESSMENT
Article 204
Monitoring of the risks or effects of pollution
1. States shall, consistent with the rights of other States, endeavour, as
far as practicable, directly or through the competent international
organizations, to observe, measure, evaluate and analyse, by recognized
scientific methods, the risks or effects of pollution of the marine
environment.
2. In particular, States shall keep under surveillance the effects of any
activities which they permit or in which they engage in order to determine
whether these activities are likely to pollute the marine environment.
Article 205
Publication of reports
States shall publish reports of the results obtained pursuant to article
204 or provide such reports at appropriate intervals to the competent
international organizations, which should make them available to all
States.
Article 206
Assessment of potential effects of activities
When States have reasonable grounds for believing that planned activities
under their jurisdiction or control may cause substantial pollution of or
significant and harmful changes to the marine environment, they shall, as
far as practicable, assess the potential effects of such activities on the
marine environment and shall communicate reports of the results of such
assessments in the manner provided in article 205.
Previous
Convention on the Law of the Sea: Index
Parts:
I -
II -
III -
IV -
V -
VI -
VII -
VIII-IX -
X -
XI -
XII -
XIII -
XIV -
XV -
XVI -
XVII
Annexes:
I -
II -
III -
IV -
V -
VI -
VII -
VIII -
IX
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