Section 142p. 142

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

legal questions arising within the scope of their activities.

Such opinions shall be given as a matter of urgency.

PART XII. PROTECTION AND PRESERVATION OF

THE MARINE ENVIRONMENT

SECTION 1. GENERAL PROVISIONS

Article 192. General obligation

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:

(a) 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;

(b) 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;

(c)

pollution

from

installations

and devices used in

exploration or exploitation of the natural resources of the

seabed 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;

(d)

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

COOPERATION

Article 197. Cooperation on a global or regional basis

States

shall

cooperate

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 cooperate, 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 cooperate, 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 cooperate, 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

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