نوع مقاله : علمی پژوهشی
نویسندگان
1 استاد گروه حقوق عمومی، دانشکدة حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران.
2 دانش‌آموختة کارشناسی‌ارشد حقوق نفت‌وگاز، دانشکدة حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران.
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Introduction
The maritime transport of oil and petroleum products has long been recognized as one of the most significant sources of marine pollution, posing complex legal, environmental, and governance challenges. With more than half of the world’s oil transported by sea, accidental and operational discharges from tankers continue to threaten the marine ecosystem, coastal resources, and human livelihoods. Against this backdrop, the international community, through the International Maritime Organization (IMO), developed the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78) as the cornerstone of global efforts to prevent and control marine oil pollution. Annex I of MARPOL, specifically dedicated to the prevention of pollution by oil, establishes comprehensive technical and environmental requirements aimed at minimizing both accidental and routine discharges. It introduces mechanisms such as the Oil Record Book, segregated ballast tanks, and double-hull construction standards for tankers. These mechanisms reflect the evolution of maritime environmental law from a reactive system—focused primarily on liability and compensation—to a preventive framework grounded in technological advancement and state responsibility. However, despite the legal sophistication of MARPOL Annex I and its near-universal ratification, questions remain about the adequacy of its implementation and enforcement. Many flag States lack the capacity or political will to ensure compliance, while port and coastal States often face jurisdictional and evidentiary challenges in detecting and prosecuting violations occurring beyond their territorial waters. Moreover, disparities in national legislation, enforcement priorities, and resource allocation have resulted in uneven application of MARPOL’s standards, undermining its effectiveness as a truly global instrument.
From the perspective of international legal instruments, the MARPOL Convention also considers the 1982 United Nations Convention on the Law of the Sea (UNCLOS) in several respects and further elaborates on the obligations set out in its articles 211, 217, and 220.
Despite its substantial positive impact on the international community and the global maritime industry, the MARPOL Convention faces significant challenges in practical implementation, particularly due to the widespread operation of vessels under flags of convenience. Such challenges can undermine the effectiveness of the Convention’s regulatory framework and its capacity to ensure consistent environmental protection across jurisdictions. This study aims to provide a comprehensive analysis of Annex I of MARPOL, evaluating both its achievements and its limitations. Moreover, it seeks to propose practical recommendations and policy measures that could enhance the Convention’s effectiveness, strengthen compliance mechanisms, and support global efforts to prevent marine oil pollution.
Methodology
This study employs a descriptive–analytical approach with qualitative legal analysis to examine Annex I of MARPOL 73/78 and the relevant articles of UNCLOS concerning the environmental obligations of flag, port, and coastal States. The sample comprises the Environmental Requirements for Maritime Transport of Oil and Petroleum Products outlined in Annex I of MARPOL, IMO documents, and selected case studies, with analytical rigor ensured through a comparison of legal texts and enforcement practices. Adopting a mixed-methods perspective, the study integrates legal analysis with empirical environmental insights to evaluate both the legal obligations and their practical implementation.
Conclusion
The prevention of marine oil pollution remains one of the core challenges for the global community and international trade. Annex I of MARPOL 73/78, together with the relevant articles of UNCLOS, establishes a comprehensive set of legal requirements that balance environmental protection with the operational realities of global shipping. However, the effectiveness of this framework largely depends on consistent enforcement by flag, port, and coastal States, as well as on the technological and institutional capacities of national authorities. Therefore, strengthening monitoring mechanisms, promoting uniform implementation, and enhancing international cooperation are essential to ensuring that MARPOL’s preventive objectives are fully achieved in practice.
کلیدواژه‌ها [English]
)