The International Convention for the Prevention of Pollution from Ships (MARPOL) is the most important treaty to prevent, reduce, and control operational and accidental pollution from ships, with 162 States Parties representing 98.89 percent of the gross tonnage of the world’s merchant fleet.Footnote 1 MARPOL was originally adopted in 1973 and was significantly revised by the 1978 Protocol, which was introduced to facilitate the Convention’s entry into force. MARPOL is a framework convention whose general provisions apply to all annexes, while the regulation of specific sources of pollution from ships is set out in six dedicated annexes. While most Asian states are parties to MARPOL except Laos, this commentary is the first attempt to address MARPOL as a whole, and it appears to be highly successful. Rather than adopting the traditional “article-by-article” approach, the commentary is structured into four parts – Part I (Context), Part II (the MARPOL Convention), Part III (the Annexes), and Part IV (the Cross-Cutting Themes) – with 26 chapters. The wisely chosen structure efficiently introduces a comprehensive set of regulations and prevents the book from quickly becoming outdated.
The major strength of the commentary is its integration of the numerous amendments and extensive secondary legislation relating to the prevention of pollution from ships. This evolution of MARPOL has been driven largely by using tacit acceptance procedures, and the regular adoption of Marine Environment Protection Committee resolutions along with guidelines and codes. While these mechanisms allow MARPOL to operate as a “living instrument”, ensuring that its provisions remain responsive to technological progress and emerging environmental challenges, its complexity and highly technical provisions make it difficult to understand for those who are not familiar with the subject matter. In this respect, the commentary offers readers a comprehensive overview of MARPOL as a whole as well as an in-depth discussion of the specific regulations established in six separate annexes.
The commentary also highlights not only the regulatory framework of MARPOL but also, importantly, its implementation and enforcement aspects. The effectiveness of MARPOL ultimately depends on the stringent and consistent implementation of its provisions by flag, port, and coastal states as well as the shipping industry. The commentary analyses the implementation of flag, port, and coastal states within the UNCLOS jurisdictional framework, demonstrating how MARPOL is implemented in practice. It also examines practical aspects in detail, such as the establishment of port waste reception facilities and the provision of technical cooperation, which are particularly important for Asian states. The commentary also incorporates recent developments related to MARPOL. For example, Chapter 13 includes the X-Press Pearl incident, which caused significant plastic pellet pollution along the coast of Sri Lanka, and the subsequent regulatory and policy initiatives aimed at addressing existing gaps in MARPOL.
In conclusion, the commentary offers a comprehensive analysis of MARPOL, covering its implementation and enforcement, and enables readers to understand how MARPOL operates in practice within its broader legal context.
Competing interests
The author declares none.