The International Legal Framework for Prevention of Vessel-source Pollution and Its Implementation in Chinese Legislation

Vessel-source pollution is regarded as one of the major sources that harm marine environment. It has become an issue of public concern since 20th century due to a series of oil pollution incidents on the sea. Fortunately, international law has been developed to control this source of pollution taking consideration of the importance of protection and preservation of marine environment and sustainable development of society. This thesis focuses on the international legal framework for prevention of vessel-source pollution. Both public and regulatory international law regarding prevention of vessel-source pollution is discussed within the framework. Three main conventions, namely United Nations Convention on the Law of the Sea, 1982, International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969, and International Convention for the Prevention of Pollution from Ships, 1973, as modified by the 1978 Protocol, are discussed by analyzing selected articles in each convention. In order to provide a better understanding of the implementation of international maritime law, China’s national legislation regarding vessel-source control is also examined. Two important pieces of legislation: Marine Environment Protection Law and Regulations on the Prevention and Control of Vessel-source Pollution of the Marine Environment are discussed in a contextual detail. The categories of marine pollution and vessel-source pollution are introduced at the beginning with a special focus on vessel-source pollution. Then international legal framework is presented by detailed analyse of the major international instruments mentioned above. Then vessel-source pollution law in China is carefully examined. Finally, a summary together with conclusions are presented