Regional Cooperation of States on the Issue of Protection of the World Ocean Ecosystems from Pollution

Journal of Environmental Treatment Techniques

2019, Special Issue on Environment, Management and Economy, Pages: 966-969

J. Environ. Treat. Tech.

ISSN: 2309-1185

Journal web link: http://www.jett.dormaj.com

Regional Cooperation of States on the Issue of

Protection of the World Ocean Ecosystems from

Pollution

Ksenia B. Valiullina *, Salwan Jaber Hashim , Gennadiy I. Kurdyukov

Faculty of Law, Kazan Federal University, Kazan, Russia

Al-nahrain University. College of Law, Republic of Iraq

Received: 05/08/2019

Accepted: 20/11/2019

Published: 20/12/2019

Abstract

The problem of pollution of the World Ocean is a source of serious concern, in view of the emergence of new methods and

means of influence on its area and resources. At the same time, the need to ensure its preservation and protection is not taking

into account. As a result, the balance of the World Ocean ecosystem is disrupted; its biological diversity, favorable habitats of

marine biological resources, fish stocks and a lot more are reduced. Being aware of the integrity of the World Ocean system,

which can be considered only in the aggregate of its components, the legal regulation of the issues of ensuring its preservation

and protection should be carried out from a comprehensive perspective at all levels. The actions for the provision of international

cooperation in the field of environmental research, the adoption of optimal strategy for preservation and protection of the World

Ocean from pollution, the development and application of new technical means, in order to improve the quality of the

environment in the interests of mankind, are of paramount importance. According to the provisions of the United Nations

Convention on the Law of the Sea (1982), all states are interested in close cooperation on the issues of ensuring the preservation

and protection of the World Ocean at all levels, both global and regional. At the same time, it is emphasized the importance of

regional conventions on the protection of waters and living resources of certain seas from pollution, which complement, develop

and strengthen global agreements. Regional cooperation ensures the development and implementation of its own internal

standards, applicable to the given region, and mechanisms for the protection of the environment, including the marine

environment. At the same time, it can enhance the effectiveness of implementation of the universal conventions provisions, as

well as promote the subregional and bilateral cooperation in the achievement of a single objective of ensuring the preservation

and protection of the World Ocean from pollution.

Keywords: protection, preservation, pollution sources, conservation, cooperation, environmental safety.

all polluting substances (1).

Introduction

Despite the adoption by the states of more than 500

multilateral, bilateral agreements (2) in the field of

environmental protection, the process of rapid pollution of

environment, including pollution of water and resources of

the World Ocean, as the most important component of the

Earth’s hydrosphere, has not slowed down, but is growing

in intensity. The threat of an environmental catastrophe is

quite real, the consequences of which will be devastating,

without the state borders (3). Jim Leape, Director General

of the International Secretariat of the World Wildlife Fund

The World Ocean is the most important component of

biosphere and hydrosphere of our Planet. It is a key

supplier of oxygen to the Earth, the main climate-forming

element of the natural environment, the largest reservoir,

which provides humanity with valuable protein, living and

non-living resources. Nevertheless, with all its significance,

the World Ocean and its components are suffered from

negative anthropogenic impact, to a greater extent than

other components of the natural environment, namely:

wasteful use of resources, pollution of surface waters and

bottom of the seas and oceans with biorefractory

substances, which cannot be decomposed and dissolved as

a result of the unique ability of the World Ocean to process

(

WWF), said in one of his speeches: “We live as if

humanity would have another planet at its disposal. We

pollute the environment, spend resources one and a half

times more than our Earth can produce, and in the absence

of decisive actions this value will continue to grow - by

2030, even two planets won’t be enough for us” (4).

Corresponding author: Ksenia B. Valiullina, Kazan

Federal University. E-mail: valiullina.ksenia@mail.ru. Tel:

Long ago, the international community came to the

89179329750.

understanding that the problem of ensuring the

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Journal of Environmental Treatment Techniques

2019, Special Issue on Environment, Management and Economy, Pages: 966-969

conservation of the World Ocean as an integral ecosystem

cannot be solved by the efforts of one state or even a group

of states. It is necessary to cooperate at all levels, both

universal and regional, with the aim of implementation of

the Convention’s provisions, and creation of a system of

actions, for the achievement of a common object. National

law and international law are in constant interaction,

especially regarding the issue of preservation of the Earth's

natural resources. So, it’s not enough just to be a party to

the United Nations Convention on the Law of the Sea of

protection of marine environment can be distinguished

here.

One of them is a model of regional legal regulation of

the protection of marine environment, developed by

Western European states in relation to the region - the

North Atlantic. The conclusion of regional conventions for

the protection of marine environment of this region began

after the first major accident, which entailed exceptional

disasters for a relatively small region. It was the accident of

the tanker “Torrey Canyon” in 1967, off the coast of

England, as a result of which over 110 thousand tons of

crude oil was spilled into the sea, forming a spot of 270

square miles (7).. In this regard, it is quite natural that the

states, located on the coast of the North Sea, decided to join

their efforts with the purpose of the protection of this

marine area.

Within the framework of this model, a number of

agreements, which are relatively separated, are used to

prevent pollution of the marine environment in the region

with the following pollutants: oil (Cooperation Agreement

of 1969); waste disposal (Oslo Convention of 1972);

pollutants from land-based sources (Paris Convention of

1982, it’s necessary to ensure the appropriate conditions for

bringing it into effect. As rightly pointed out by G.I.

Kurdyukov, “it is important not only to create the norms of

international law, but also to implement them consistently.

It is incumbent upon the states to put in motion the

mechanism of legal norms and to turn it into a permanent

regulator of behavior” (5).

Methods

The method of systemic-structural analysis was used as

a methodological basis of the study. It helps to reveal the

importance of the issue of ensuring regional cooperation of

states in protection of ecosystems of the World Ocean from

pollution. For the purpose of the modern interpretation of

conventional norms, the most promising methodology is a

combination of methods of historical and political science,

international and legal analysis. In addition to general

scientific methods, specific scientific methods were used to

solve the problems, underlying the study. The formal-

logical method, the method of comparative law and legal

modeling, as well as some logical techniques, such as

induction and deduction, generalization and comparison,

which contribute to a qualitative and detailed study of the

proposed topic, were applied in the research.

1974), other harmful substances than oil (Cooperation

Agreement of 1983). The distinctive feature of this model

is the existence of independent international legal act on a

specific source of pollution or type of pollutants.

Another model was taken by the states, which in 1974

concluded the aforementioned Helsinki Convention for the

Protection of the Marine Environment of the Baltic Sea

Region. The specificity of this Convention is that it

regulates almost all issues of marine pollution. It provides

protection not only for water and the seabed, but also for

living resources and other life forms in the sea. This

document contains the rules, handling the relations for the

prevention of pollution from ships, from land-based

sources, as a result of exploration and development of the

seabed mineral resources, as a result of burials, for the

liability for damage caused by pollution, for the resolution

of disputes, etc.

There was a need to revise the Convention of 1974 after

radical political, economic and social changes, occurred in

the Baltic region, as a result of which new sovereign states

and new environmental technologies had appeared. So, the

Convention on the Protection of the Marine Environment of

the Baltic Sea Area was concluded in 1992. It extended its

coverage to the internal waters of the Baltic States.

Results and Discussion

It is important to note, that regional cooperation is an

essential element of the global process of protection of the

World Ocean from pollution. Despite the fact, that the

regional agreements cover only a certain group of

participants, they allow for more detailed elaboration of

decisions, acceptable for the states, which are united not

only by territory, but also by a similar attitude to the

problem of protection of the World Ocean.

Regional agreements ensure the interconnection of

environmental protection measures with the characteristics

of a certain region, at the same time forming the effective

protective measures, in particular for the protection and

preservation of the marine environment. Taking into

account and based on the provisions of the United Nations

Convention on the Law of the Sea of 1982 (6), they

establish practical, technical norms and rules for the

prevention of pollution of the seas and oceans as a result of

shipping.

An extraordinary session of Helsinki Commission at

the ministerial level took place in September 2001 in

Copenhagen (Denmark) (HELCOM EXTRA 2001) after

the accident of the tanker “Baltic Carrier” (in March 29,

2001) off the coast of Denmark. After intense discussions

and consultations, the Declaration on the Safety of

Navigation and Emergency Capacity in the Baltic Sea Area,

the so-called HELCOM Copenhagen Declaration, was

approved. The position of the delegation of the Russian

Federation on the subject of exclusion of the article,

regarding the establishment of mandatory pilotage in the

Baltic approaches, as well as the inappropriateness of

determining the Baltic Sea area as a particularly vulnerable

area, and the extension of the 1992 Helsinki Convention to

the onshore emergency response in the event of accidental

So, there are several conventions on regional

environmental protection, concerning the following seas:

Mediterranean (Barcelona, 1976), Baltic (Helsinki, 1974-

1992), Black (Bucharest, 1992), North (1983), and North-

Eastern Atlantic (Paris, 1992). In our opinion, three

prevailing models of regional legal regulation of the

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Journal of Environmental Treatment Techniques

2019, Special Issue on Environment, Management and Economy, Pages: 966-969

spills of oil, was adopted in the document.

interested in close cooperation on the issues of ensuring the

preservation and protection of the World Ocean at all

levels, both global and regional. At the same time, it is

emphasized the importance of regional conventions on the

protection of waters and living resources of certain seas

from pollution, which complement, develop and strengthen

global agreements. According to the Convention (Article

122), such international agreements are concluded with

regard to enclosed or semi-enclosed seas - bays, basins or

seas, surrounded by two or more states, and connecting

with other seas or oceans through a narrow passage, or

consisting entirely of territorial seas or exclusive economic

zones of two or more coastal states.

Regional cooperation not only ensures the development

and implementation of its own internal standards,

applicable to the given region, and mechanisms for the

protection of the environment, including the marine

environment, but can also enhance the effectiveness of

implementation of the universal conventions provisions, as

well as promote the subregional and bilateral cooperation in

the achievement of a single objective of ensuring the

preservation and protection of the World Ocean from

pollution.

The Convention provides for the obligation of

cooperation of such states in the execution of their rights

and duties, owing to the coinciding interests of a group of

states, in relation to water bodies, located on their territory,

and the need to ensure their preservation and protection

against pollution. Among other issues, the current regional

agreements consider the cooperation of states, with the

purpose to ensure the safety of the World Ocean. These

agreements contain the states commitments to protect

marine ecosystems from pollution, and at the same time, to

one degree or another, they extend their coverage to all

sources of pollution. Regional agreements, being an

intermediate link between universal treaties and bilateral

agreements, are able to resolve a number of major regional

and subregional problems successfully, taking into account

the pronounced regional specificity of environmental

problems, the presence of certain spatial limits for the

localization of vulnerable water areas, the interest of states

in ensuring the protection of a common natural object, and

the absence of difficulties in the definition of a convention

region and the participants in regional agreements.

The norms of regional conventions fill the gaps, existing

in universal international agreements, stimulate joint

activities, promote the strengthening of cooperation and

achieving the understanding in regards to the establishment

of control over the actions, which could cause the pollution

of the World Ocean. They also facilitate the transition of

mechanisms for resolving of existing problems in this area

from national to regional level, that can provide the

increase in quality and in speed of its resolution.

The Caspian Sea can be the example of an enclosed

reservoir. The physical and geographical characteristics of

the Caspian Sea are not covered by the UN Convention.

Therefore, the concept of an open, semi-enclosed or

enclosed sea cannot be applied to the Caspian Sea, which is

located thousands of kilometers away from the World

Ocean. Complete isolation of the Caspian Sea has led to the

fact that its level is below the absolute level of the World

Ocean by an average of 27 m. Therefore, in both

geographical and legal terms, the Caspian Sea is not a sea.

The Convention on the legal status of the Caspian Sea

dated August 12, 2018 was signed during the summit in

Aktau. This international treaty covers the interests of such

states as Russia, Azerbaijan, Kazakhstan, Turkmenistan,

and Iran. It contains the most important issues of the legal

status of the Caspian Sea, its use, and the Caspian Sea is

defined as a body of water, surrounded by land territories of

the Caspian states (8). Taking into account the fact, that the

Caspian Sea is the world's largest enclosed drainless water

body, which does not have access to the World Ocean, and

is connected with it only through the Volga-Don Shipping

Canal, leading to the Sea of Azov, the provisions of the UN

Convention on the Law of the Sea do not apply to it. Thus,

the protection of the Caspian Sea from pollution is ensured

through the implementation of provisions of the treaties and

agreements, concluded between coastal states, namely:

Framework Convention for the Protection of the Marine

Environment of the Caspian Sea dated November 4, 2003,

and its protocols, namely: Protocol on Land-Based Sources

of Pollution; Protocol Concerning Regional Cooperation in

Case of Emergency; Protocol on Environmental Impact

Assessment (EIA) in a Transboundary Context; Protocol on

Protection of the Caspian Biodiversity; Protocol

Concerning Regional Preparedness, Response and Co-

operation in Combating Oil Pollution Incidents of August

12, 2011 (9); Protocol for the Protection of the Caspian Sea

against Pollution from Land-based Sources and Activities

of December 12, 2012 (10).

The third model was the result of implementation of the

Regional Seas Program, adopted by UNEP in 1974.

Currently, the Program covers 11 regions (the

Mediterranean Sea, the Red Sea and the Gulf of Aden, the

Persian and Oman Gulfs, the Caribbean Sea area, etc.). The

most vivid example of this model is the cooperation of the

Mediterranean states. Thus, the Regional Marine Pollution

Emergency Response Centre for the Mediterranean Sea

(

REMPEC) was created. In addition, the following

protocols were developed: on waste burial (1976); on

cooperation in combating pollution by oil and other

harmful substances, in cases of emergency (1976); on

protection against pollution from land-based sources

(

1980), etc.

Summary

Conclusions

In June 1992, the United Nations Conference on

Giving preference to the norms of international law,

and becoming the parties to international agreements of

universal and regional nature, the subjects of international

law made a commitment to observe their provisions strictly.

According to the provisions of the United Nations

Convention on the Law of the Sea (1982), all states are

Environment and Development (UNCED) was held in Rio

de Janeiro. During this Conference, it was decided to

change the course of development of the world community

from an unstable path, with crises and catastrophes,

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2019, Special Issue on Environment, Management and Economy, Pages: 966-969

towards sustainable development, where the opportunities

for harmonious existence of society and nature can be

opened up (11,14,20).

[7] Grey H. Torrey Canyon alerted the world to the dangers that

lay ahead [Electronic resource]. Professional Mariner. 2017; 3.

URL:

007/Torrey – Canyon – alerted – the – world-to-the-dangers-

that-lay-ahead/ (date of the application: 26.07.2018).

http://www.professionalmariner.com/March

–

At the same time, at the present stage of development,

we have to admit that in many parts of the World Ocean

there is a situation, which clearly indicates the imbalance of

its ecosystem. The fact of the need for a detailed and

comprehensive study of possible environmental problems,

such as the irrational use of waters and resources of the

World Ocean and many others, where the lack of timely

measures for their prevention can lead to an environmental

crisis, becomes quite obvious. It is possible to solve the

indicated problem primarily on the basis of the formation of

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[9] Protocol Concerning Regional Preparedness, Response and

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http://www.tehranconvention.org/IMG/pdf/TC_COP6.17_Akt

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[

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Pollution from Land-Based Sources and Activities to the

Framework Convention for the Protection of the Marine

Environment of the Caspian Sea) [Electronic resource]:

https://www.ecolex.org/details/treaty/protocol-for-the-

protection-of-the-caspian-sea-against-pollution-from-land-

based-sources-and-activities-to-the-framework-convention-

for-the-protection-of-the-marine-environment-of-the-caspian-

sea-tre-160008/.

completely new environmental consciousness. The

academician D. S. Likhachev considered ecology as not

just interdisciplinary science, but as the problem of human

culture: “Ecology studies the world as a whole, with the

purpose of providing assistance, its “treatment” and

ascertaining the safety of changes, bringing by human. The

world is created as a single whole, with diverse internal

connections, which mustn’t be broken. All biological,

physical, and other connections, the entire plan of the world

exist for the world’s living, while preserving the human

existence in it” (12,13,18,19). The problems of destruction

of the most important ecological systems, as well as the

cultural values of a person, are the same, and they lie in the

level of moral culture of society. No laws and regulations

can operate in society, devoid of moral culture. If the level

of cultural development does not increase, then the

situation with ecology will not improve, because it is not

possible to change the attitude to nature on the basis of the

orders and prescriptions (15-17, 21-22).

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(UNCED),

Earth [Electronic

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https://sustainabledevelopment.un.org/milestones/unced.

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Acknowledgment

The work is performed according to the Russian

Government Program of Competitive Growth of Kazan

Federal University.

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