INTERNATIONAL LEGAL FRAMEWORK REGULATING POLLUTION ON THE HIGH SEAS.

ABSTRACT

The richness and wealth of the high seas makes it very advantageous to mankind. However the sustainable use of the high seas, as mankind explores and makes use of same, is very important if anything is to be left to the generations. While it is true that the right to use the high seas is communal, it must then follow that the responsibility that comes with such usage, should be that of all states whether coastal or land-locked, because the capacity of the high sea to assimilate wastes and render them harmless and its ability to regenerate natural resources is limited. Therefore, proper management is required and measures to prevent and control marine pollution must be regarded as an essential element in the management of the high seas and its natural resources. Using the doctrinal method of research, this paper examines the regulatory framework of pollution on the high seas, as provided by the United Nations Convention of the Law of the Sea (UNCLOS); together with a wide-range of other international and regional instruments. This paper finds that the responsibility or liability for pollution on the high seas rests primarily on international regulation and co-operation of states; at global and regional level, for the protection of the marine environment. Consequently, there is a delicate balance in trying to enforce pollution provisions keeping into consideration: the freedom of navigation; jurisdiction of flag states over vessels and their various levels of development. Furthermore, the paper finds that the international legal framework relating to the marine environment protection is weakly binding on the high seas as the flag State has exclusive competence with respect to the matters of her ship. This research posits that enforcement by flag states of preventive measures such as vessel designs, inspection and furnishing of information of vessels’ activities should be a priority in curbing pollution on the high seas while liability provisions should be an important supplementary strategy, this is because liability generally requires reparation of the harm which is virtually impossible. Also, these increased efforts by flag states will greatly influence other maritime sectors, in taking better measures to regulate pollution on the high seas