Section 144p. 144

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

3. Such laws, regulations and measures shall ensure that

dumping is not carried out without the permission of the

competent authorities of States.

4.

States,

acting

especially

through

competent

international

organizations

or

diplomatic

conference,

shall endeavour to establish global and regional rules,

standards and recommended practices and procedures

to prevent, reduce and control such pollution. Such rules,

standards and recommended practices and procedures

shall be re-examined from time to time as necessary.

5. Dumping within the territorial sea and the exclusive

economic zone or onto the continental shelf shall not be

carried out without the express prior approval of the

coastal State, which has the right to permit, regulate and

control such dumping after due consideration of the

matter

with

other

States

which

by reason of their

geographical situation may be adversely affected thereby.

6. National laws, regulations and measures shall be no

less effective in preventing, reducing and controlling such

pollution than the global rules and standards.

Article 211. Pollution from vessels

1. States, acting through the competent international

organization

or

general

diplomatic

conference,

shall

establish international rules and standards to prevent,

reduce and control pollution of the marine environment

from vessels and promote the adoption, in the same

manner,

wherever

appropriate,

of

routeing

systems

designed to minimize the threat of accidents which

might

cause

pollution

of

the

marine

environment,

including the coastline, and pollution damage to the

related

interests

of

coastal

States.

Such

rules

and

standards shall, in the same manner, be re-examined

from time to time as necessary.

2.

States

shall

adopt

laws

and

regulations

for

the

prevention, reduction and control of pollution of the

marine environment from vessels flying their flag or of

their registry. Such laws and regulations shall at least

have the same effect as that of generally accepted

international rules and standards established through the

competent

international

organization

or

general

diplomatic conference.

3. States which establish particular requirements for the

prevention, reduction and control of pollution of the

marine environment as a condition for the entry of

foreign vessels into their ports or internal waters or for a

call at their off-shore terminals shall give due publicity to

such requirements and shall communicate them to the

competent international organization. Whenever such

requirements are established in identical form by two or

more coastal States in an endeavour to harmonize policy,

the

communication

shall

indicate

which

States

are

participating in such cooperative arrangements. Every

State shall require the master of a vessel flying its flag or

of its registry, when navigating within the territorial sea of

a State participating in such cooperative arrangements,

to furnish, upon the request of that State, information as

to whether it is proceeding to a State of the same region

participating in such cooperative arrangements and, if so,

to indicate whether it complies with the port entry

requirements

of

that

State.

This

article

is

without

prejudice to the continued exercise by a vessel of its right

of innocent passage or to the application of article 25,

paragraph 2.

4. Coastal States may, in the exercise of their sovereignty

within their territorial sea, adopt laws and regulations for

the prevention, reduction and control of marine pollution

from foreign vessels, including vessels exercising the right

of innocent passage. Such laws and regulations shall, in

accordance with Part II, section 3, not hamper innocent

passage of foreign vessels.

5. Coastal States, for the purpose of enforcement as

provided for in section 6, may in respect of their exclusive

economic zones 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.

6.

(a)

Where

the

international

rules

and

standards

referred to in paragraph 1 are inadequate to meet special

circumstances

and

coastal

States

have

reasonable

grounds for believing that a particular, clearly defined

area of their respective exclusive economic zones is an

area where the adoption of special mandatory measures

for the prevention of pollution from vessels is required for

recognized

technical

reasons

in

relation

to

its

oceanographical and ecological conditions, as well as its

utilization or the protection of its resources and the

particular character of its traffic, the coastal States, after

appropriate

consultations

through

the

competent

international

organization

with

any

other

States

concerned, may, for that area, direct a communication to

that organization, submitting scientific and technical

evidence

in

support

and

information

on

necessary

reception facilities. Within 12 months after receiving such

a

communication,

the

organization

shall

determine

whether the conditions in that area correspond to the

requirements

set

out

above.

If

the

organization

so

determines, the coastal States may, for that area, adopt

laws and regulations for the prevention, reduction and

control of pollution from vessels implementing such

international

rules

and

standards

or

navigational

practices

as

are

made

applicable,

through

the

organization, for special areas. These laws and regulations

shall not become applicable to foreign vessels until 15

months after the submission of the communication to

the organization.

(b) The coastal States shall publish the limits of any such

particular, clearly defined area.

(c) If the coastal States intend to adopt additional laws

and regulations for the same area for the prevention,

reduction and control of pollution from vessels, they shall,

when submitting the aforesaid communication, at the

same

time

notify

the

organization

thereof.

Such

additional laws and regulations may relate to discharges

or navigational practices but shall not require foreign

vessels

to observe design, construction, manning or

equipment

standards

other than generally accepted

international rules and standards; they shall become

applicable

to

foreign

vessels

15

months

after

the

submission of the communication to the organization,

provided that the organization agrees within 12 months

after the submission of the communication.

7. The international rules and standards referred to in this

article should include inter alia those relating to prompt

notification to coastal States, whose coastline or related

interests

may

be

affected

by

incidents,

including

maritime

casualties,

which

involve

discharges

or

probability of discharges.

Article 212. Pollution from or through the atmosphere

1. States shall adopt laws and regulations to prevent,

reduce and control pollution of the marine environment

from or through the atmosphere, applicable to the air

space under their sovereignty and to vessels flying their

flag or vessels or aircraft of their registry, taking into

account

internationally

agreed

rules,

standards

and

recommended practices and procedures and the safety

of air navigation.

2. States shall take other measures as may be necessary

to prevent, reduce and control such pollution.

3.

States,

acting

especially

through

competent

international

organizations

or

diplomatic

conference,

shall endeavour to establish global and regional rules,

standards and recommended practices and procedures

to prevent, reduce and control such pollution.

SECTION 6. ENFORCEMENT

Article 213. Enforcement with respect to pollution from

land-based sources

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