1998 Year of the Ocean A Survey of International Agreements 



International Convention for the Prevention of Pollution From Ships, 

 as amended (MARPOL Convention), 1973/1978 



The MARPOL Convention, which entered in force in 1983, is the primary international 

 agreement aimed at preventing or reducing intentional and accidental discharges from ships into 

 the marine environment. The MARPOL Convention and mandatory Annexes 1 and II deal with 

 discharges of oil and noxious liquid substances in bulk, respectively. Optional Annexes 111, IV 

 and V deal with packaged harmful substances, sewage, and garbage, respectively. MARPOL and 

 Annexes I, II, III, and V are in force both internationally and for the United States. Annex VI, 

 dealing with air pollution from ships, was negotiated in 1 997 but is not yet in force. Another 

 Annex, currently under negotiation, will be aimed at preventing the introduction of aquatic 

 nuisance species, such as the zebra mussel, through ships ballast water. 



The MARPOL Convention greatly reduces the amount of oil and ship generated waste 

 which can be discharged into the sea by ships and bans such discharges completely in certain 

 special areas. For example, the Caribbean and Gulf of Mexico have been designated as special 

 areas where the dumping of ship generated waste, including plastic, is prohibited. This 

 designation will become effective as soon as adequate reception facilities for such waste are 

 available in the region. 



International Convention on Oil Pollution Preparedness, Response, and Cooperation 



(OPRC Convention), 1990 



The OPRC Convention, which entered into force in 1995, was negotiated to provide an 

 international framework for cooperation in combating and responding to major oil pollution 

 incidents, and to enhance existing national, regional, and global capabilities concerning oil 

 pollution, preparedness, response, and cooperation. The OPRC Convention encourages all parties 

 to enter into bilateral and regional response agreements to prepare for and respond to oil spills, 

 and establishes a voluntary mechanism for parties to provide technical assistance in the form of 

 equipment and training to other parties that request it. It also requires parties to establish national 

 systems for preparedness and response which would include shipboard oil pollution emergency 

 plans, and reporting requirements for oil pollution incidents. Even before the OPRC Convention 

 entered into force, its provisions on cooperation were effectively utilized on a provisional basis 

 to respond to the massive oil pollution of the Persian Gulf during the 1991 Gulf War. 



International Convention on Liability and Compensation for Damage in Connection with 

 the Carriage of Hazardous and Noxious Substances by Sea (HNS Convention), 1996 



The HNS Convention establishes an international regime of liability and compensation 

 for damages resulting from maritime accidents involving the carriage of hazardous and noxious 

 substances, similar to the international liability and compensation regime for oil which is 

 described above. Maximum ship owner liability is set at approximately $133 million and the 

 international fund will increase the total per incident compensation to approximately $334 

 million. At present, only one State is a party to the Convention but several European States and 



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