LACUNA IN MARITIME INTERNATIONAL CONVENTIONS

by Ike Okorie
Contact

1. An Overview of Maritime Administration and Safety

In Nigeria.

Growing concern for the future of the Nigerian marine and coastal environment in relation to pollution threats has placed NIMASA in the forefront in the protection of the marine environment. Indeed, available statistics have shown that over 80% of all international trade is facilitated by seas and oceans of the world. Thus the need for Safety and clean marine environment regime which will be IMO compliant is required by NIMASA as a platform even for sustenance of animal and plant life which derives over 80% of its supply of oxygen from the marine environment. Thus, the United Nations Convention on the Law of the Seas (UNCLOS III) has identified pollutions from land, sea, dumping, vessels and atmosphere ( See Articles 207 – 211, 212).

Section 22 (1) and (2) NIMASA ACT, 2007 clearly stipulates the core functions of the Agency to include:

i. To promote the development of indigenous commercial shipping;

ii. To guarantee maritime safety and security;

iii. To undertake management of marine environment;

iv. To oversee maritime labour matters;

v. To ensure enforcement of the cabotage Act 2003;

vi. To ensure implementation of International Conventions on Maritime Safety and Security.

To achieve the above objectives will require a well articulated legal regime which will not only protect the marine environment but also ensure human health thus enhancing maritime business in Nigeria. The Regulations will identify areas of weakness of the International Conventions and adequately fill in such areas to ensure contextualization or domestication of all such International Conventions in the Maritime Industry.

Straddle Partners

www.straddlepartners.com

2. Statement of Problem of Marine and Coastal Environment Pollution Threats and the Need for proper Legal Template for Regulations

Both Human Health and Marine life have been exposed to hazards arising from introduction by man directly or indirectly of substances or energy into the marine environment. The result has also affected fishing and impaired the quality for use of sea water and marine resources.

Marine pollution causes harm or likely to cause harm to living resources and marine life. It poses hazard to human health. The OIL NAVIGABLE ACT, 1968 which prohibits ship owners from intentionally discharging oil, fuel oil, lubricating oil and heavy diesel oil into the prohibited area of the sea has been observed more in default.

The 1992 CIVIL LIABILITY CONVENTION which deals with discharge of oil into the sea by ship owners, whether by intentional or accidental discharge imposes strict liability on ship owners who spill oil into the sea.

Arguably, the CIVIL LIABILITY CONVENTION is inadequate in view of the right of a ship owner to limitation of liability as compensation to victims may be inadequate.

Compensation under the INTERNATIONAL OIL POLLUTION COMPENSATION FUND (IOPC) is deficient to the extent that it covers only damage caused by the spill of oil at sea. It does not address the resulting pollution caused by hazardous and noxious substances.

With respect to INTERNATIONAL CONVENTION FOR THE PREVENTION OF MARINE POLLUTION (as modified by the Protocol of 1978 - MARPOL 73/78) which was designed to limit and prohibit pollution of the Marine Environment by oil or pollution by noxious liquid substances now supersedes OILPOL but does not cover land – generated waste dumped into the sea.

Since 18th of April 1976 when the INTERNATIONAL CONVENTION ON THE PREVENTION OF MARINE POLLUTION OF WASTES AND OTHER MATTERS, 1972

Straddle Partners

www.straddlepartners.com

(as amended in 1978 and 1980) became effective in Nigeria, no domestication of this Convention has taken place. This Convention, in any case, does not prohibit dumping of vessel generated-wastes or garbage.

It is against this backdrop that there is need for proper Legal Template for Regulations which will incorporate the International Conventions aimed at protecting and preserving the Marine Environment as well as enhanced Marine businesses.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ike Okorie | Attorney Advertising

Written by:

Ike Okorie
Contact
more
less

Ike Okorie on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.