Environmental Protection-international Approaches

lNTERNATlONALORGANlZATlONSIN MARINEAFFAIRS

Environmental protection International approaches

Thomas A. Mensah

The author provides a guide to the roles and competences of international organizations in the field of marine pollution. After detailing the relevant UN programmes and agencies, he describes other inter-governmental organizations and outlines briefly the primary non-governmental organizations active in the protection of the marine environment. Keywords: International organizations; Marine pollution; United Nations The author is Assistant Secretary-General and Director of Legal Affairs and External Relations Division, International Maritime Organization, 4 Albert Embankment, London SE1 7SR, UK. The views expressed in this article are those of the author alone and are not to be attributed in any way to IMO or its Secretariat.

‘See Oscar Schachter and Daniel Serwer, ‘Marine pollution problems and remedies’, American Journal of International Law, Vol 65, 1971. ‘George Kennan, ‘To prevent a world wasteland: a proposal’, foreign Affairs, Vol 48, 1970, p 401. %I. Thant, Human Environment and World Order, address to the University of Texas, 14 May 1970.

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One of the epoch-making decisions of the General Assembly of the United Nations was the adoption of Resolution 2398 (XXII), convening a Conference on the Human Environment. The purpose of the Conference was ‘to provide a framework for comprehensive consideration within the United Nations of problems of the human environment in order to focus the attention of Governments and public opinion on the importance and urgency of this question and also to identify the aspects of it that can only or best be solved through international cooperation’. The decision to convene the Conference was a significant reflection of the importance which the issue of the environment had assumed during the last years of the 1960s and an indication of the recognition by the international community that action to protect the human environment could not be feasibly planned and implemented except on a well coordinated global scale.’ The convening of the United Nations Conference on the Human Environment was preceded by extensive and widespread international discussions on the nature of the ‘environmental problem’ and the best ways of dealing with what was seen as a critical threat to the continued viability of the global ecosystem. The many suggestions made for dealing with the problem included, on the one hand, the establishment of a new organization, established outside the UN, by the major industrial and polluting states of the northern hemisphere,* and on the other hand, the creation of a global authority within the framework of the UN, ‘with the authority to ensure that the agreed measures are the right ones and that they are actually carried out’. Such an authority would be able, if necessary, to police and enforce its decisions.3 In spite of their apparent attractions, neither of these ‘radical approaches’ was considered as feasible politically, or indeed capable of

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% short we need a many-sided institutional approach to achieve the right balance. Pollution problems will not be solved by a single discipline, a single institution or a single wave of enthusiasm’, Schachter and Serwer, op tit, Ref 1, p 111. 5Abram Chayes, ‘International institutions for the environment’, in John Lawrence Hengrove, ed, Law, /nsfifuti~ns and the Global Environment, Oceana Publications, 1972, pp 3-4. ‘Report of the Preparatory Committee for the United Nations Conference on the Human Environment, UN Document A/ G3;f.4WP.C9, p 7. the contribution of regional approaches to environmental protection generally, see Robert E. Stein, ‘The potential of regional organizations in managing man’s environment’, in Hengrove, op tit Ref 5. See also Schachter and Serwer, op tit, Ref 1. %ee Critical Environmental Issues on the Law of the Sea, a report of the International Institute for Environment and Development, 1975. ‘The immediate effects of marine pollution are not as severe as. the immediate effect of pollution of air and inland waters . though the potential catastrophe may be greater, due to the global character of marine environment and the fact that it is the ultimate receptacle for so many pollutants, Schachter and Serwer, op tit, Ref 1, p 110.

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responding to the problem in realistic terms. In the first place, it was clear that neither an arrangement which bypassed the UN nor a new authority which ‘departed radically from the hitherto sacred paths of national sovereignty’ stood any chance of being accepted or operating effectively. In the second place, both approaches were based on the view that the environmental issue consisted primarily of ‘a discrete set of problems each with a finite technical/legal solution’. This view was not accepted as either tenable or helpful. In the view of many academic commentators and political activists, what was needed was a mechanism for ensuring that ‘environmental considerations were systematically and explicitly taken into account across the whole spectrum of legislative and administrative action’.4 It was felt that the best way to achieve this was an imaginative adaptation of existing decision-making institutions in the environmental field in order to make them able to analyse trends, evaluate risks, develop remedies and methods and, where necessary, police implementation of regulations. In short what was required was a coordinated institutional framework for the planning and management of environmental resources.’ It was this conception of the environmental problem which inspired the Human Environment Conference and guided the planning and organization of its work. The ‘action objectives’ of the Conference were described as ‘decisions which would set forth the elements of the basic work programme in the international field for the post-conference period’.” The discussions of the conference revealed general acceptance of the view that international environmental problems did not always require global solutions to be applied uniformly throughout the world; but that some of the problems could better be understood or more successfully dealt with through national or regional actions and initiatives.’ Accordingly, the global machinery which came out of the Conference consisted essentially of a system of global institutions and programmes designed to accommodate and, in many cases, stimulate national, subregional and regional activity by states or by industrial, professional and other specialized concerns whose activities and interests have an impact on the environment. The Conference on the Human Environment was convened to deal with problems of the global environment as a whole, and the recommendations and action programmes of the Conference related to the identified threats to all sectors of the Earth’s ecosystem. Nevertheless, the marine environment occupied pride of place in the deliberations of the Conference and the many programmes and projects which were initiated or suggested after it. There are many reasons for this, but perhaps two of them are particularly significant. First, marine pollution is the one form of environmental hazard most generally recognized as being international in character and impact. Second, incidents involving or posing a threat of marine pollution are usually spectacular and headline-catching, and they accordingly create the impression that the seas and oceans are in more critical danger than any other sectors of the environment .* For these and other reasons preservation of the marine environment has constituted perhaps the single largest component of the environmental programmes of the international community. This interest in marine affairs has since 1970 been mainly focussed in the work of the Third United Nations Conference on the Law of the Sea (UNCLOS III) which has served to draw attention to the broad international aspects of

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ocean affairs. It is agreed that the Conference on the Law of the Sea has provided a convenient and much-needed opportunity to reflect on what will be required of the international community, and of nations and international organizations, in meeting the challenges and responding to the opportunities offered by the new legal regime of the seas. For that reason, the new Convention will have a major significance for international cooperation and call for a comprehensive review of the institutional machinery to promote such cooperation.’ The need for such a review is perhaps greatest in the field of the preservation and protection of the marine environment; for the necessity, indeed indispensability, of international cooperation in this field has never been more keenly felt nor more widely recognized.

Global approaches and institutions As expected, the major outcome of the United Nations Conference on the Human Environment was the recognition that the spearhead for the required international action to prevent and control marine pollution would continue to be in the UN system. Although it was recognized that the environmental activities of the UN were badly fragmented and inadequately coordinated, the suggestion that the environmental programmes of the various agencies and bodies should be taken away and vested in a new single agency was agreed to be both unacceptable and impractical. What was felt to be necessary and desirable was a system of more effective coordination of the work of the various sections and agencies of the UN system, in order not only to eliminate unnecessary duplication and overlapping of responsibilities but also to harmonize better the activities of the respective agencies and thus make them more effective - individually and collectively. For this purpose the Conference recommended, and the international community accepted, the creation of a high-level policy planning and review unit within the UN with the responsibility to ensure that environmental considerations are systematically taken into account in the work of the system as a whole and that the results achieved by the agencies would be evaluated in relation both to their individual objectives and to the common objectives of the system as a whole.” Thus the Stockholm Conference left the environmental activities of the UN largely in the ambit of the bodies and specialized agencies which had been responsible for those activities before 1972. It was, however, expected that the United Nations Environment Programme, which was established on the recommendations of the Conference, would help to articulate better the ‘environmental conscience’ of the UN and succeed ‘On the comprehensive issues dealt with in infusing this conscience and its requirements into the activities of in the new Law of the Sea Convention, see the organizations and agencies with substantive operational Marine Policy, Vol 5, No 3, July 1981. “L ..6 Sohn 7 ‘The Stockholm declaraction responsibilities.” on the human environment’, Harvard InterThe UN system, as the single most important institutional mechanism national Law Journal, Vol 14, Summer for environmental matters, undertakes its work in a large number of 1973, pp 423-515. “Maurice Strong, ‘The concept of UNEP separate but related organizations with their individual mandates and as leader and catalyst’, UN Chronicle, Vol programmes. Although these programmes sometimes appear to be 12, May 1975, p 34. unrelated to each other (and even in conflict with each other) a closer ‘*See Cross-Organizational Programme Analysis of the Activitiesof the united examination often reveals that they are merely different facets of what is Nations System in Marine Affairs, Report essentially one and the same activity.‘* of the Secretary-General, UN Document The organizations, agencies and programmes of the UN system which E/AC.51/1983/2, 15 March 1983.

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Environmental

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have major substantive involvement environment include the following:

in the problem

of the marine

The United Nations including the United Nations Environment Programme (UNEP). The International Maritime Organization (IMO). The United Nations Educational, Scientific and Cultural Organization (UNESCO) and the Inter-Governmental Oceanographic Commission (IOC). The Food and Agriculture Organization of the United Nations (FAO). The World Meteorological Organization (WMO). The International Labour Organization (ILO). The International Atomic Energy Agency (IAEA). The World Health Organization (WHO). In addition to these, at least six organizations and programmes in the system undertake marine affairs activities of one kind or another,t3 although not all have substantive operational programmes of their own.

The United Nations The UN is the principal forum for global discussions on matters relating to economic and social development; and it has naturally reflected in its programmes the increased importance of the seas as one of the major sources for the satisfaction of mankind’s increasing need for resources and the search for new methods for exploiting the resources and facilities of ocean space for development.14 Accordingly, the UN has become more and more involved and more and more of its bodies and agencies have developed general and specific programmes of action related to the seas. In addition to UNEP, whose concern is exclusively environmental, the UN offices and bodies concerned with marine affairs include:

(1) The

13The World Health Organization (WHO), the international Bank for Reconstruction and Development (The World Bank), the lnternationai Civil .Aviation Organiiation (ICAO), the International Telecommunication Union (ITU), the United Nations Development Programme (UNDP) and the United Nations Conference on Trade and Development (UNCTAD). See Document E/AC.51/1983/2, op tit, Ref 12, p 4. ‘%ee General Assembly Resolution 275O(XXV) of 17 December 1970 convening the Third United Nations Conference on the Law of the Sea. 15The Economic Commission for Africa (ECA) with its Headquarters in Addis Adaba, Ethiopia, the Economic and Social Commission for Asia and the Pacific (ESCAP) with its Headquarters in Bangkok, Thailand, the Economic Commission for Latin America (CEPAL) with its Headquarters in Santiago, Chile and the Economic Commission for West Asia (ECWA) with its Headquarters in Amman, Jordan. 160p tit, Ref 12, para 9.

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Secretariat Office for the Law of the Sea Affairs which is responsible both for monitoring the entry into force and implementation of the new UN Convention on the Law of the Sea as well as servicing the work of the Preparatory Commission which is developing the ground rules for the operation of the new International Seabed Authority. The Department of International Economic and Social Affairs. i:i The United Nations Centre for Human Settlements. (4) The United Nations Conference on Trade and Development (UNCTAD). The United Nations Institute for Training and Research (UN(5) ITAR). (6) The United Nations University. (7) The regional economic commissions. l5 Put together, the activities of the United Nations bodies, units and programmes in the marine field constitute the largest number of activities in the system.“j However, with the exception of UNEP and UNCTAD, none of these offices and departments can be said to have specific substantive programmes. It is nevertheless important to know that the work of bodies such as the United Nations Development MARINE

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Programme (UNDP) and the Department of Technical Co-operation for Development provide essential and indeed indispensable support for the substantive work undertaken in the other bodies and agencies of the system. The same is true of the work undertaken by the regional economic commissions. In their regions these commissions provide a much-needed political and administrative liaison between the work of the specialized agencies and the national, subregional and regional programmes to put the results of such work into practical application.

The United Nations Environment

Programme (UNEP)

UNEP was established by the General Assembly of the United Nations on the recommendations of the Stockholm Conference on the Human Environment. l7 The objectives and institutional framework of UNEP were set out in Resolution 2997 (XXVII) by which the General Assembly established a Governing Council for Environmental Programmes with the following mandate:

(1) To

promote international cooperation in the environment field and to recommend policies to this end. (2) To provide general policy guidance for the direction and coordination of environmental programmes within the UN system. To receive and review the periodic reports of the executive director (3) on the implementation of environmental programmes within the UN system. (4) To keep under review the world environmental situation in order to ensure that emerging environmental problems of wide international significance receive appropriate and adequate consideration by governments. (5) To promote the contribution of the relevant international scientific and other professional communities to the acquisition, assessment, and exchange of knowledge and information about the environment and, as appropriate, to the technical aspects of the formulation and implementation of environmental programmes within the UN system. (6) To maintain under continuing review the impact of national and international environmental policies and measures on developing countries, as well as the problem of additional costs that may be incurred by developing countries in the implementation of environmental programmes and projects, and to ensure that such programmes and projects shall be compatible with the development plans and priorities of those countries. To review and approve annually the programme of utilization of (7) resources of the Environment Fund.

170n UNEP and its work, see L.G. Engfeldt, ‘The United Nations and the human environment - some experiences’, International Organization, Vol27, 1973, b 406. See also Michael M’Goniale and Mark Zacher, Pollution, Politics aid International Law - Tankers at Sea, University of California Press, 1979, pp 6S70.

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The Governing Council reports annually to the General Assembly through the Economic and Social Council, which transmits to the Assembly such comments on the report as it deems necessary, particularly regarding questions of coordination and the relationship of environment policies and programmes within the UN system to overall economic and social policies and priorities. The resolution also established a Secretariat for UNEP to serve as a focal point for environmental action and coordination within the UN system. The General Assembly also established a voluntary fund to provide additional funding for environmental programmes and global

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environment monitoring assessment and data-collecting systems, environmental research, information exchange and dissemination, studies to develop forms of economic growth compatible with sound environmental management and such other programmes as the Governing Council may decide. In pursuance of these objectives, UNEP undertakes or promotes a variety of activities aimed at the protection and preservation of the marine environment. It also seeks to improve coordination of existing programmes. Among the major programmes of UNEP may be mentioned the Global Environmental Monitoring System (GEMS) and the International Referral System (IRS). UNEP has also established a comprehensive Regional Seas Programme under which, in close association with agencies such as IMO, it encourages cooperative arrangements for programmes to protect and preserve the seas in particular regions by the establishment of regional or subregional arrangements for responding to emergencies.”

Specialized agencies of the United Nations The International Maritime Organization (IMO)

“One of the most successful of these is the Mediterranean Action Programme, see Louis J. Saliba, ‘Protecting the Mediterranean - coordinating regional action’, Marine Policv. Vol 2. No 3. 1978, D 171. 190n the work of IMO generally, see ‘The activities of the Inter-Governmental Maritime Consultative Organization’, in Development and international Economic Cooperation - Environment - Marine Pollution, UN Document A/36/237, June 1961. See also M’Gonigle and Zacher, op tit, Ref 17, and Wilhelm H. Lampe, ‘The new International Maritime Organization and its place in development of international maritime law’, Journal of Maritime Law and Commerce, Vol 14, No 3, July 1983. Also T.A. Mensah, ‘The IMCO experience’, in Law, institutions and the Global Environment, op tit, Ref 5, pp 237-251. *‘lMO also performs secretarial functions in respect of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972. The principal duty in this regard is the servicing of the Consultative Meetings of the states parties to the Convention. *‘See M’Gonigle and Zacher, op tit, Ref 17, pp 564-568. Also T.A. Mensah, op tit, Ref 19, pp 240-243.

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This specialized agency of the UN was established by a Convention adopted in March 1948 and commenced operation in January 1959 as the Inter-Governmental Maritime Consultative Organization (IMCO). The principal objective of IMO is to provide for cooperation among governments for the adoption of standards concerning maritime safety, efficiency of navigation and prevention and control of marine pollution from ships, and to deal with administrative and legal matters related thereto. l9 IMO considers and prepares international conventions and other instruments containing agreed international technical standards and regulations and related procedures for the construction, equipment and operation of ships and cargoes for the avoidance of accidents at sea, and the prevention and control of pollution of the sea from accidents. It also establishes agreed procedures for dealing with technical and legal problems which arise as a result of incidents involving shipping. A major function of IMO is to take appropriate measures for the implementation of the standards and regulations adopted by it, including advice and assistance required by developing countries. In particular, it encourages the establishment and improvement of facilities for the training of seafarers and maritime personnel of all grades and arrangements for global, regional and subregional cooperation for dealing with pollution emergencies. 2o The International Maritime Organization works in close cooperation with international associations of the shipping and oil and insurance industries and a number of global and regional intergovernmental organizations.*l

UNESCO and IOC The major part of the work of the United Nations Educational, Scientific and Cultural Organization (UNESCO) in the marine field is undertaken through the Inter-governmental Oceanographic Commission (IOC). This is an autonomous body established within UNESCO in 1960 to promote scientific investigations with a view to learning more about the nature and resources of the oceans through concerted action MARINE

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by its member states. IOC is basically a scientific research organization which promotes and coordinates scientific investigation and monitoring of the oceans, international exchange of oceanographic data, and education in ocean research. Among its major projects is the LongTerm Expended Programme of Ocean Research (LEPOR). Associated with this is the Inter-Secretariat Committee on Scientific Programmes Relating to Oceanography (ICSPRO) in which several other UN agencies participate. Other IOC undertakings are the Global Investigation of Pollution in the Marine Environment (GIPME) and the Integrated Global Ocean Station System (IGOSS).22

The Food and Agricultural Organization (FAO) As a UN agency concerned with agriculture and human nutrition, FAO’s interest in marine affairs is mainly in ocean fisheries and the development of marine resources for food. This manifests itself essentially in research and other activities in relation to ocean fisheries, including research into the effects of various pollutants on fish and other living resources of the sea. FAO itself does not have specific programmes or activities for the prevention or control of marine pollution, but the results of its research constitute useful inputs into the substantive work of other organizations in the field of marine pollution prevention.23

The International Labour Organization (ILO) The basic objective of ILO, set out in the preamble of its constitution and in the ‘Philadelphia Declaration’ adopted by the General Conference of the Organization in 1944, is to improve working conditions through the adoption of conventions and recommendations setting minimum standards. In the maritime field, ILO’s programme is primarily concerned with the conditions of work of personnel on board ships and the standards of training and proficiency of crews. These concerns of IL0 are of considerable relevance to ships’ safety and pollution prevention, a fact which was recognized in the establishment, by IL0 and IMO, of a Joint Committee on Maritime Training. This Committee has adopted guidelines on crew training and standards which have latterly been largely embodied in the International Convention on Training, Certification and Watchkeeping of Seafarers which was adopted under the auspices of IMO in 1978. IL0 has its own independent programme on the question of substandard ships and crews.24

The World Meteorological Organization (WMO) “M’Gonigle and Zacher, op tit, Ref 17, p 73. “For example, in 1970 FAO organized a Technical Conference on Marine Pollution and its Effects on Living Resources and Fishing. See also FAO Report No 6, 1977, Impact of Oil on the Marine Environment, (GESAMP Report). “‘See Repot-I of the Director General of IL0 to the 62nd (Maritime) Session of the InternationalLabour Conference, 1976, pp 67-69.

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of WMO is to further the application of to aviation, shipping, agriculture and other human In pursuance of this objective, WMO has developed activities. continuing programmes in hydrology and marine meteorology. In environmental matters, WMO is involved in monitoring the atmosphere, assessing the level and effects of atmospheric pollution on the oceans and examining the effects of weather on the oceans. One of the main marine programmes of WMO is undertaken in the Executive Committee Panel on Meteorological Aspects of Ocean Affairs whose One

of

the

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meteorology

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function is to monitor marine pollution, particularly oil pollution from ships. It has been explained that the relevance of WMO’s marine activities ‘arises from the relationship between movement and dispersion of oil slicks and current weather conditions’.25 WMO participates in most of the joint UN marine affairs and environmental activities.

The International Atomic Energy Agency (IAEA) Although not strictly a ‘specialized agency’, the IAEA is related to the UN in much the same way as the specialized agencies, ie it is an independent intergovernmental organization associated with the UN by a cooperation agreement. As part of its mandate to establish safety standards in the use of atomic energy, the IAEA establishes standards, procedures and regulations to prevent and control pollution of the seas from marine radioactivity, including regulation of the types and levels of radioactive substances or wastes which may be disposed of into the sea.26

Inter-agency or organizational bodies of the UN system

25D A . Davis, ‘The role of the WMO in environmental issues’, international Organization, Vol 26, 1972, pp 327-336. %ee, for example, S.A. BoehmerChristiansen, ‘Dumping of nuclear waste into the sea - international control and the role of science and law’, Marine Policy, Vol 7, No 1, 1983, p 25. “For an analysis of the UN bodies in the field of marine pollution, see Nancy D. and Christopher Joyner, ‘Prescriptive administrative proposal: an international machinery for control of the high seas’, lnternational Lawyer, Vol8, 1974, pp 57-73. Also Robert A. Schinn, The international Politics of Marine Pollution, Praeger, New York, 1974. For a comprehensive description of the organizations engaged in ocean affairs generally, see Annotated Direcrory of Infer-Governmental Organizations Concerned with Ocean Affairs, UN Document A/CONF.62/L.14, August 1976. 280p cif, Ref 12, Summary. “On GESAMP, see M’Gonigle and Zacher, op tit, Ref 17, pp 75-76.

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As previously noted, the environmental programmes of the UN system are located in many largely independent agencies and departments.27 However, these seemingly independent programmes have a real and close relationship with each other, first because they are largely funded by the same member governments, and second because the successful prevention and control of marine pollution requires close interorganizational and interdisciplinary collaboration. For these reasons the organizations of the UN system have developed a continuing mechanism of cooperation and coordination. A recent study by the UN Secretary-General concluded that ‘the activities of the United Nations system generally constitute a well-organized response to the current needs of Member States and that there is a high level of co-operation among organizations’.28 Apart from the usual arrangements for consultation among the organizations and the overall coordination provided by such bodies as the Economic and Social Council (ECOSOC) and its Committee on Programme and Co-ordination (CPC), there have been established a number of specific joint programmes and machineries for promoting joint action by agencies in fields of common interest. Perhaps the most important of these is the Joint Group of Experts on Scientific Aspects of Marine Pollution (GESAMP).29 GESAMP was established in 1969 under the joint sponsorship of the UN, FAO, UNESCO, IOC, IMO and WMO. It considers and advises on the scientific aspects of pollution, including in particular the effects of various substances on the marine environment and the long-term implications of procedures and practices adopted for pollution control. GESAMP works through a number of working groups, two of which are charged respectively with the evaluation of environmental hazards of harmful substances carried out by ships and the review of scientific criteria for the selection of sites for the disposal of wastes at sea. Other joint programmes of the UN system in the field of marine pollution prevention are the InterSecretariat Committee on Scientific Programmes Relating to Oceanography (ICSPRO), the Global Investigations of Pollution in the Marine Environment (GIPME) and the programmes of UNEP mentioned above.

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Other intergovernmental

organizations

Outside the UN system, there are a number of global intergovernmental organizations concerned directly or indirectly with the protection of the marine environment from pollution. Like the agencies of the UN system these organizations are usually concerned with specific aspects of marine pollution and their activities are intended to complement the work being undertaken in the UN system. The most noteworthy of these organizations are described below. The International Oil Pollution Compensation

Fund (IOPC Fund)

This organization was established by the Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 3o adopted in 1971 under the auspices of IMO. The organization administers an international fund, which is made up of contributions levied on oil receipts in the states parties to the Convention. The principal function of the Fund is to provide compensation to victims of oil pollution damage (including governments which incur costs for clean-up operations) where such victims are unable to obtain adequate or any compensation under the applicable international legislation in this regard which is contained in the 1969 Civil Liability Convention. The 1971 Fund Convention is, in fact, supplementary to the 1969 Convention. The Fund organization is closely associated with IMO, but it is an independent legal entity with its own governing bodies, secretariat and budget. The International Maritime Satellite Organization (INMARSAT)

INMARSAT was established by the Convention on the International Maritime Organization adopted in 1976 under the auspices of IM0.31 The Organization commenced operation in February 1982. The purpose of INMARSAT is to provide satellites and ground support facilities necessary for improving maritime communications for distress and safety services, efficient ship management, public correspondence and position fixing. By facilitating safety and assisting search and rescue operations at sea, INMARSAT can play a significant role both in the prevention of accidents and in handling maritime incidents which pose hazards of marine pollution. Although established by an IMO Convention, INMARSAT is a completely independent organization which, nevertheless, cooperates closely with IMO in the development and use of marine telecommunications for maritime safety and pollution prevention. The International Hydrographic 3@rhe text of the Convention is in American Journal of International Law, Vol 66, No 3, July 1972, p 712, and lntemational Legal Materials, Vol XI, No 2, March 1972, p 284.

For a view on the workand significanceof the Fund, see T. Loftas, ‘New compensation fund - closing the stable door’, Marine Policy, Vol 2, No 4, October 1978, p 254. 31The Convention on INMARSAT entered into force on 16 July 1979. The text of the Convention is in lniernational Legal Materials, Vol XV, No 2, p 219. 32See Lampe, op tit, Ref 19, p 325.

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Organization (IHO)

The function of this organization is the worldwide coordination of hydrographic survey work. As part of its mandate, IHO produces and publishes nautical charts and information on navigational warnings and related services. These activities have direct relevance to the safety of shipping and the prevention of pollution. IHO maintains a close working association with both IMO and UNEP.32

Non-governmental

organizations

Apart from the organizations composed of governments and governmental authorities, a large number of non-governmental internation-

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al bodies and associations with interests in the marine environment undertake programmes relating to the prevention of marine pollution. Most of these are organized groups representing industrial, commercial or professional interests, especially in the field of shipping, and in the oil and marine insurance industries. There are also organizations whose interests are purely environmental with no connections with particular industries or professional concerns.33 The most prominent and active of these organizations are: i:; (3) (4) (5) (6) (7) (8)

The International Chamber of Shipping (ICS). The Oil Companies International Marine Forum (OCIMF). The International Union of Marine Insurance (IUMI). The International Association of Classification Societies (IACS). The International Association of Independent Tanker Owners (INTERTANKO). The International Petroleum Industry Environmental Conservation Association (IPIECA). The Oil Industry International Exploration and Production Forum (OIIEPF). International Tanker Owners Pollution Federation (ITOPF).

These industry and professional groupings are generally formed to ensure that the decisions taken by the intergovernmental organizations take due account of the collective experience, expertise and desires of their members. They therefore seek to contribute to (and influence) the regulatory activities and programmes of the intergovernmental organizations. For example, the International Chamber of Shipping plays an active role in IMO, UNCTAD and ILO; INTERTANKO and OCIMF are very active in IMO, while the IPIECA acts as a focal point for communication and consultation between the petroleum industry and UNEP and other governmental bodies regarding the impact of petroleum operations on the marine environment. A few organizations, such as the Friends of the Earth International and the International Union for Conservation of Nature and Natural Resources play an activist role in the environmental field, mainly by drawing the attention of governments and public opinion to events or trends which threaten the environment or by urging governments and organizations concerned to take appropriate action. While they do not themselves undertake substantive programmes, they often act as useful and necessary catalysts for action by states, governments and industries or commercial concerns.

Concluding remarks

%ee M’Gonigle and Zacher, op tit, Ref 17, pp 64-66. For a helpful listing and analysis of the work of governmental and non-governmental organizations in the field of oil pollution, see Action Against Oil Pollution: A Guide to the Main InterGovernmental and Industry Organizations Concerned with Oil Pollution in the Marine Environment, Sterling Public Relations Ltd, London, 1981.

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The current institutional machinery for dealing with problems of the environment leaves the promulgation and execution of environmental policy primarily to national governments, individually or in association with each other in international organizations. These organizations vary both in their geographical scope and the subject areas in which they are principally concerned. This is perhaps inevitable in a system in which the significance and appeal of the sovereign state remain as potent as ever. However, the machinery also involves, and indeed requires, a variety of other participants and takes into account initiatives other than those dictated by national political considerations. The essentially internation-

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al character of many environmental problems and the interdisciplinary nature of the solutions which are needed to deal with most of them make it imperative that governments cooperate not only with each other but also with many different bodies and interests. Without such cooperation, there is little chance that the plans produced will be adequate and feasible or that their implementation will be effective and successful. This was not always clearly or fully appreciated, but it would appear that there is now more recognition of the need for such an approach. A successful international policy for the protection of the environment requires a machinery which is consciously adapted to be able to accommodate non-governmental initiatives, without in any way denying to governments the ultimate responsibility and final authority to decide on policy and to determine the methods for its execution.

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