Principles and Issues in Marine Environmental Law

The health of marine and coastal ecosystems is crucial for the well-being of the planet. Oceans cover over 71% of the Earth’s surface and play an integral role in climate regulation, biodiversity, and the livelihoods of billions of people. The significance of marine environments in the global ecosystem has made marine environmental law a vital area of legal and policy-making. 

However, several complex and multifaceted challenges continue to threaten the marine environment, including illegal fishing, coastal erosion, climate change, and pollution from various sources such as nuclear waste and noise pollution.

Marine environmental law aims to strike a balance between economic development, particularly in sectors like fishing, shipping, and tourism, and the protection of fragile marine ecosystems. This article delves into the core principles for marine environmental policy-making, explores significant legal issues affecting the marine environment, and discusses emerging concerns like ocean noise pollution and space debris.

Principles for Marine Environmental Policy Making and Legislation

Effective marine environmental protection hinges on sound legal principles that guide policy-making and legislative actions. Several international and domestic principles provide the foundation for protecting the marine environment.

The Precautionary Principle

The precautionary principle is one of the cornerstone concepts in environmental law. It asserts that in the face of potential environmental harm, the absence of scientific certainty should not be used as a reason to delay protective measures. In the context of marine environmental law, this principle is particularly relevant given the complex and often unpredictable impacts of human activities on marine ecosystems.

For example, when it comes to the regulation of deep-sea mining or the protection of endangered species, the precautionary principle advocates for a cautious approach, even if all potential risks are not fully understood. The principle thus encourages proactive measures, such as the establishment of Marine Protected Areas (MPAs) and the regulation of harmful practices like overfishing, before irreversible damage is done.

Sustainable Development

The sustainable development principle requires that the use of marine resources should meet the needs of the present generation without compromising the ability of future generations to meet their own needs. This principle is enshrined in various international treaties, including the United Nations Convention on the Law of the Sea (UNCLOS), which calls for the sustainable management of marine living resources.

In India, this principle guides marine conservation laws, including the Wildlife Protection Act of 1972 and the Coastal Regulation Zone (CRZ) Notifications, which aim to balance economic development with environmental protection. Sustainable development is key in promoting eco-friendly fishing practices, minimising the impact of coastal infrastructure, and conserving biodiversity.

The Polluter Pays Principle

The polluter pays principle ensures that the party responsible for causing environmental harm bears the cost of remedying that damage. In marine environmental law, this principle has been applied to regulate the discharge of pollutants into the oceans. 

For example, industries are required to treat their effluents before discharging them into marine waters to mitigate pollution. This principle is vital for ensuring that marine pollution is controlled and that those responsible for pollution do not evade the costs of environmental harm.

Integrated Coastal Zone Management (ICZM)

Integrated Coastal Zone Management (ICZM) is a policy framework that promotes a holistic approach to managing coastal and marine ecosystems. It recognises the interdependence of terrestrial, coastal, and marine environments and encourages cooperation across sectors, including agriculture, tourism, and fisheries. In India, the ICZM Plan has been implemented in various coastal areas, focusing on sustainable development, biodiversity conservation, and disaster risk reduction.

Public Participation and Access to Information

Public participation is critical in the development and implementation of marine environmental policies. Laws and regulations should provide mechanisms for local communities, civil society, and the general public to participate in decision-making processes. The Convention on Access to Information, Public Participation in Decision-making, and Access to Justice in Environmental Matters (the Aarhus Convention) is one such international agreement that enshrines public participation rights.

In India, environmental laws such as the Environmental Protection Act, 1986 and the Coastal Regulation Zone Notification mandate public hearings and consultations before large-scale industrial projects or infrastructural developments can proceed along the coast. These laws ensure that the concerns of local communities are taken into account when it comes to marine and coastal conservation.

Illegal Fishing and Coastal Erosion

Illegal, Unreported, and Unregulated (IUU) Fishing

Illegal, unreported, and unregulated (IUU) fishing is one of the most significant threats to marine biodiversity. IUU fishing undermines efforts to conserve fish stocks, damages marine habitats, and poses serious risks to the livelihoods of legitimate fishers. In India, IUU fishing is particularly rampant along the coasts of Tamil Nadu, Kerala, and West Bengal, where large numbers of trawl vessels operate illegally.

IUU fishing leads to the depletion of fish stocks, disrupts the marine food chain, and often results in the destruction of sensitive habitats such as coral reefs and mangroves. It also poses significant economic challenges, as it undermines the sustainability of the fishing industry.

Legal Framework Against IUU Fishing

To combat IUU fishing, India has enacted various laws, such as the Indian Fisheries Act, 1897, and the Marine Fisheries Regulation Act, 1986, which regulate fishing activities in territorial waters. However, enforcement remains a challenge due to the vast expanse of India’s coastal waters and the limited resources available for monitoring.

At the international level, India is a member of the Indian Ocean Tuna Commission (IOTC), which works to ensure the sustainable management of tuna fisheries in the Indian Ocean. The United Nations Convention on the Law of the Sea (UNCLOS) also provides a framework for the conservation and management of marine living resources on the high seas.

Coastal Erosion

Coastal erosion is the process by which coastal land is eroded by the action of waves, currents, tides, and human activities. India’s coastline is highly vulnerable to coastal erosion, particularly in states like Goa, Kerala, and Odisha, where large-scale coastal infrastructure development has disrupted the natural coastal processes.

Legal Measures to Combat Coastal Erosion

The Coastal Regulation Zone (CRZ) Notification, 2011, issued under the Environment Protection Act, 1986, is one of the key legal measures that regulates coastal development to prevent erosion. The CRZ notification restricts construction activities within vulnerable coastal zones, especially near ecologically sensitive areas like mangroves and sand dunes.

Additionally, the National Coastal Protection Policy outlines measures to address coastal erosion, including the construction of seawalls, beach nourishment, and the restoration of mangroves and coastal wetlands.

Climate Change and Marine Environment

Impact of Climate Change on the Marine Environment

Climate change poses a significant threat to marine ecosystems, particularly in India, which has a long coastline and extensive marine biodiversity. Rising sea temperatures and ocean acidification are two primary effects of climate change that affect marine life.

• Coral Bleaching: Higher sea temperatures can lead to coral bleaching, where coral reefs expel the symbiotic algae that live inside their tissues. This results in the loss of colour and vitality, which can lead to the collapse of coral reef ecosystems.
• Ocean Acidification: Increased carbon dioxide emissions result in higher levels of CO2 being absorbed by the oceans, leading to ocean acidification. This makes it difficult for marine organisms, particularly shellfish and corals, to build their shells and skeletons.

International and National Legal Measures to Address Climate Change

India is a signatory to the Paris Agreement under the United Nations Framework Convention on Climate Change (UNFCCC), which aims to limit global warming to below 2°C above pre-industrial levels. The National Action Plan on Climate Change (NAPCC) outlines India’s strategy for mitigating climate change impacts, including coastal and marine conservation measures.

At the local level, India has implemented measures to enhance the resilience of coastal communities and ecosystems to climate change impacts, such as the National Adaptation Fund for Climate Change (NAFCC), which supports projects focused on climate-resilient coastal infrastructure and ecosystem restoration.

Atomic Weapon Testing at High Seas

Environmental Impact of Atomic Weapons Testing

Nuclear weapons testing in the high seas has historically been a significant environmental issue. The detonation of nuclear weapons at sea can cause long-term environmental damage, including the contamination of marine life and ecosystems. Radioactive fallout from nuclear explosions can enter the food chain, with devastating consequences for marine species and humans who rely on seafood for sustenance.

Legal Framework Against Nuclear Testing

International efforts to ban nuclear weapons testing include the Comprehensive Nuclear-Test-Ban Treaty (CTBT), which prohibits all nuclear explosions. Though India has not signed the CTBT, the country has a declared policy of no first use of nuclear weapons and advocates for global disarmament.

The United Nations Convention on the Law of the Sea (UNCLOS) and the Environmental Modification Convention (ENMOD) seek to prevent activities that cause significant harm to the marine environment, including nuclear testing. However, challenges remain in enforcing these agreements in the high seas.

Nuclear Waste Disposal

Impact of Nuclear Waste on the Marine Environment

The disposal of nuclear waste, whether in the ocean or elsewhere, poses serious environmental and health risks. Radioactive waste, if released into the marine environment, can cause irreparable harm to marine life, including genetic mutations and deaths among marine species. The waste can also accumulate in the food chain, ultimately affecting human health.

Legal Framework for Nuclear Waste Disposal

The London Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 (commonly known as the London Convention) prohibits the disposal of radioactive waste into the ocean. India is a signatory to the convention, and domestic legislation such as the Environment Protection Act, 1986 and the Atomic Energy Act, 1962 regulate the management and disposal of radioactive materials within the country.

International conventions, such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes, also play a role in preventing the disposal of toxic waste, including radioactive material, in marine environments.

Ocean Noise Pollution – Marine Pollution by Space Debris

Ocean Noise Pollution

Ocean noise pollution is caused by human activities such as shipping, naval exercises, seismic surveys, and offshore drilling. These noises interfere with marine species’ ability to communicate, navigate, and locate food. Marine mammals, particularly whales and dolphins, are especially sensitive to underwater noise, which can lead to disorientation, strandings, and even death.

Legal Responses to Ocean Noise Pollution

To address ocean noise pollution, international agreements like UNCLOS call for the regulation of activities that contribute to excessive noise in the marine environment. National laws, including the National Environmental Policy and Fisheries Act, are gradually incorporating noise pollution mitigation strategies in coastal and marine activities.

Marine Pollution by Space Debris

Space debris—debris from satellites and rockets that re-enter the Earth’s atmosphere and fall into the ocean—also poses a growing concern. The increasing number of satellites and rocket launches has resulted in more debris landing in marine environments, where it can harm marine life and ecosystems.

International laws regulating space debris, such as the Outer Space Treaty, and national space programs, are gradually incorporating guidelines for mitigating the environmental impacts of space debris.

Conclusion

Marine environmental law plays a crucial role in ensuring the protection and conservation of marine and coastal ecosystems. However, numerous challenges, such as illegal fishing, climate change, ocean pollution, nuclear waste disposal, and space debris, continue to pose serious threats to the health of the oceans. It is essential to strengthen international and domestic legal frameworks to address these issues and promote the sustainable use of marine resources.

The principles of precaution, sustainable development, and public participation should continue to guide policy-making and legislation related to marine environmental protection. By enforcing stricter regulations and encouraging global cooperation, we can safeguard the health of our oceans and ensure a sustainable future for generations to come.