MARITIME INDUSTRY AND ENVIRONMENTAL LAW
Author: Simran Sharma, V year of B.A.,LL.B. from School of Law & Justice, Adamas University, Kolkata
Co-author-1: Anuj Chakraborty, III year of B.A.,LL.B. from School of Law & Justice, Adamas University, Kolkata
Co-author-2: Saffa Khatun, V year of B.A.,LL.B. from School of Law & Justice, Adamas University, Kolkata
The purpose of this study is to define the maritime industry and its impact on the marine environment about environmental law and identify the regulations and current market situation. This conceptual essay defines and analyzes the current aspect of the maritime industry and how precautions are made under the environment law based on the literature as well as the cases of each stakeholder in major countries. As a result, this essay identifies the definitions, the current issues and the regulations laid down under the environment law.
KEYWORDS– maritime industry, environmental law, precautions, regulations.
Earth for ages has experienced major climate change and in our current times, it is extensive for the people to emulate and focus on how crucial the maritime industry is for the whole world. As it is the means of trading on a daily basis goods and services which boosts in powering the industries and footing employment. Maritime as the name suggests it is mostly connected to the sea or waterways throughout the world notably about shipping, navigation and marine engineering which has an explicit rap on the everyday lives of a person i.e. the oil that power-ups cars, vehicles, electronics, beverages, clothing etc. All these everyday essentials are sent or are from overseas to be manufactured in a home country. Therefore, shipping is one of the oldest and major forms of transportation as well as an essential medium of communication with different coastal cities, countries and continents. It is an economical and environmentally effective way to travel and transport goods and services. Maritime transportation is a major backbone of global trade for countries like Greece, Egypt, Rome, India, UAE, China and Europe these countries have improvised all the sailing methods from sailboats, dhows, long boats, dragon boats, steamships to the current ULCVs, VLOCs, VLCCs etc. Today around 90% of the world trade is transported through the international shipping industry. The maritime sector has accomplished a momentous qualitative and quantitative extension with the development of two new industrial growth poles i.e. the offshore oil exploration and production industry, and the cruise sector. The increasing number in the world population elevates the increase of energy needs of both developing and developed countries which has eventually increased the production of hydrocarbons in offshore exploration and production. Whereas, the cruise sector has experienced popularization worldwide complimenting the global economy. Around 50,000 merchant ships, registered in over 150 nations and manned by over a million seafarers of nearly every nationality, transport every kind of cargo internationally. Several thousand oil rigs and support and supply offshore vessels are engaged in the exploration and drilling for oil and gas in almost every corner of the globe. The growth, numbers and volume involved in the maritime industry have to boost up its globalization in the world under the terms of ownership and operations. It has employed 1.65 million seafarers who are now working in the global merchant fleet across the world. The maritime industry is an essential element of natural resources and energy, trade and industry, sciences and leisure activities which make it difficult to quantify the total value of the world maritime industry and the economic relevance of a sector affecting a wide range of aspects of modern societies and their development.
The essential part of trade and prosperity which demands innovative solutions and careful management systems to ensure its long-term sustainability, as well as the implementation of national and international regulations and instruments to address some still-unsolved issues and new problems expected to emerge in a near future (social and labour rights, international registration of ships, taxes, maritime environmental protection, etc.). Moreover, the need to understand the global ecosystems and environment, as well as their necessary conservation, to find the more efficient mechanisms to deal with phenomena such as climate change, ecosystem disruption, deforestation, depletion of the ozone layer or and rising sea levels have made research and study of the maritime environment a high priority issue[i]. Lastly, volatility is a characteristic of the Maritime Industry, especially since the sector is both cyclical and seasonal. The group can be subdivided into several segments, according to markets served and assets owned. Although we present our reports in the standard industrial format, there are several nuances that investors must take into consideration[ii].
The maritime industry is quite possibly the oldest venture having significance in worldwide economics and trade. Over two-thirds of the world’s surface consists of the seas and oceans. This huge space of the earth’s surface is utilized by people, for the most part for fishing and transportation. Sea ventures are a gathering of business areas that are engaged with sea transport. Marine transport is assuming the main part of the development of the world’s economy[iii]. Our world has indeed reached the peak of its development, but at the same time, environmental pollution continues to occur and as a result, we are witnessing climate change. The marine industry which fulfils a large bit of the exchange everywhere in the world with the help of various marine vessels contributes to worldwide contamination and environmental change. Oil contamination from the shipping industry is viewed as the principal justification for the expanded degree of marine pollution. Journey ships, colossal contrasted with different vessels, wind up consuming all the more weighty fuel oil, one of the dirtiest petroleum products accessible on the lookout. This oil contains risky degrees of sulfur and hefty metals and so forth[iv]. The emission of chemicals from ships is another threat to the marine ecosystem because these synthetic substances have a gigantic danger to the existence of marine animals and living things. The following gigantic marine contamination cause is sewage. The ship dumps Sewage incorporates squander from the latrines and the wellbeing offices given in the ship. Such sewage is wealthy in microorganisms and green growth unfavourably influencing the maritime living things and the whole marine eco-framework. Noise pollution adversely affects the environment that is produced by passing ships, it disturbs the marine ecosystem. As we are altogether mindful, helpless air quality is one of the major worldwide wellbeing dangers as of now. While crucial for the world’s economy and prosperity, the commercial marine delivery industry is a significant supporter of worldwide air contamination, the industry’s outflows are relied upon to increase. These outflows can hurt human wellbeing and our current environment[v]. But we all know that according to our Indian constitution we all have the right to a clean and healthy environment which is mentioned in Article 21. Easy and healthful surroundings are a prerequisite for the lifestyles of human civilization. It is crucial for the holistic boom of society. The discourse of human rights builds upon the values of dignity that are inseparable and which cannot be traded off. Generations after generations have debated upon the region of the proper to surroundings within the discourse of human rights. In layman phrases, the environment is regularly described in phrases of the surroundings like herbal resources, atmosphere, water bodies, etc., in which an organism lives. Today we stay in a nuclear arena. Day to day innovation and development of technology, other than development, moreover expands the chance to human life. Accordingly, there arises a severe and acute want of the regulation to preserve tempo with the needs of society along with individuals[vi].
‘Environmental Law’ is an instrument to secure and improve the climate and to control or forestall any demonstration or exclusion dirtying or prone to contaminate the climate. An environmental legal machine is fixed by laws and administrative rules which modify the relationships and conflicts among all of the human beings involved with the environment, as well as defining the relationships between human beings and the environment itself.
The Environment Protection Act is an umbrella enactment that solidified the arrangements of the Water (Prevention and Control of Pollution) Act of 1974 and the Air (Prevention and Control of Pollution) Act of 1981. The Water Pollution Act accommodates forestalling and controlling water contamination and building up Boards for something very similar, just as keeping up and reestablishing the ‘healthiness’ of water. On the other hand, the Air Pollution Act depends on a similar line as the Water Act. Air Act, 1981 was established under Article 253 of the Constitution of India. It was an aftereffect of a global responsibility made by India in the Stockholm Conference. The focal point of this Act is air contamination. The Act accommodates the avoidance, control, and decrease of Air Pollution.
The Ozone Depleting Substances (Regulation and Control) Rules have been set down for the guideline of creation and utilization of ozone exhausting substances. The fundamental target of this standard is the assurance of the Ozone layer. The standard confines unapproved deal, buy, import, fare and utilization of ozone exhausting substances. The National Environment Appellate Authority (NEAA) was set up by the Ministry of Environment and Forests to address cases where climate freedom is needed in certain limited regions. It was set up by the National Environment Appellate Authority Act 1997 to hear bids concerning limitation of regions in which any enterprises, activities, cycles or class of enterprises, tasks or cycles will or will not be done, exposed to specific shields under the Environment Protection Act, 1986[vii].
[i] WINDROSENETWORK, http://www.windrosenetwork.com (last visited on September 17, 2021)
[ii] VALUELINE, https://www.valueline.com ( last visited on September 17, 2021)
[iii] https://madalonlaw.com (last visited on September 17, 2021)
[iv] The Consequences Of Oil Pollution From Ships, www.dredgingtoday.com (September 18, 2021, 9:19 PM), https://www.dredgingtoday.com/2018/04/09/the-consequences-of-oil-pollution-from-ships/
[v] https://www.imo.org (last visited on September 18, 2021)
[vi] Why Right To Clean Air And Water Should Be Made A Fundamental Right, www.eurasiareview.com ( September 25, 2021, 8:00 PM), https://www.eurasiareview.com/06122019-why-right-to-clean-air-and-water-should-be-made-a-fundamental-right-oped/
[vii] Maritime Law on Safety and Environment, www.academia.edu (September 25, 2021), https://www.academia.edu/44757902/Maritime_Law_on_Safety_and_Environment