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Environment and development in coastal regions and in small islands |
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Environment and development in coastal regions and in small islands |
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Legal provision for integrated coastal zone management
Part
3
LEGAL PRINCIPLES OF COASTAL ZONE MANAGEMENT IN THE RUSSIAN FEDERATION
Chapter
3.1
Forming legislation on coastal zone management in the Russian Federation
The riches of the coastal zone both in
natural resources and environment mean that it has a huge potential for economic
development for industry, housing, tourism, dam construction, land development
and recreational activities. This has resulted in pollution and loss of habitat:
problems that need to be resolved. The coasts of the Russian Federation have not
escaped such development problems. However,
areas that were controlled by the federal border-guards service during
the soviet era and closed to visitors, have not been developed. Here valuable
natural ecosystems and environment have been preserved; some are likely to
become nature reserves.
The
Russian Federation has the longest coastline in the world: 60 000 km.
It also has the most extensive coastal zone, which covers about one third of its
territory and is home to about 17 million people (Ajbulatov,
Mihajlichenko et al. 2000).
Reforms in Russia have resulted in sharp conflict between the immediate use of natural resources for socio-economic development and the need to provide for their long-term conservation. Long-term sustainable development of the Russian coastline is in jeopardy because of: inadequate resources protection; the lack national and local coastal zone management policy; competition among the users without mechanisms for settling disputes; and problems of plural jurisdiction.
Russian
Federation legislation does not regard the coastal zone as an integral, natural
“land-sea” complex. A peculiarity of the current legislation is that the use
of natural resources is regulated by specialized legislation resource by
resource. State control of conservation, protection, registration and use of
resources lies in the hands of various government bodies; this means that it is
impossible to conceive of, never mind implement, integrated management and
planning for coasts. If economic
activity in the coastal zone is to be regulated, a system of zoning needs to be
developed that takes account of the environment and existing ecosystems when
designing industrial, recreational, commercial and reserved zones
The
Russian Federation urgently needs to develop separate laws on coastal zone
management for the following reasons (Ajbulatov,
Mihajlichenko et al. 2000):
current
legislation does not define the coastal zone as an integral
object of management and administration. This means that a general
strategy for its development, use and conservation cannot be developed and
that the ecosystem as a whole is likely to be damaged by its many users;
the
current, radical reforms of all the economic and administrative systems will
obviously influence the coastal zones. A sound scientific and legal basis
for coastal management is needed;
funds
for new capital projects in Russia are readily available. A reliable
legislative basis for investment in the development and conservation of
coastal zones is needed and will probably attract further investment;
under
current legislation regional and local authorities do not have defined
powers and duties to manage coastal zones. This lack of experience and legal
tools hinders planning and conservation in the coastal zone. Coastal
management law will help to define new administrative systems;
global
sea level rise and coastal erosion results in the loss of valuable coastal
land and the infrastructure associated with it. 41% of Russia’s coastline
suffers from erosion; in the Far East and the Azov-Black
Sea basin this
increases to 50%. Loss of coastal territory has ecological, legal, social,
medical and aesthetic as well as economic consequences;
the
close connection between the coasts and marine ecosystems and their
particular vulnerability to the forces of nature need to be taken into
account when creating the structure, principles and the legal basis for
management of the coastal zone.
Thus,
an efficient legal mechanism of coastal regulation is necessary if Russia is to
conserve some of its most valuable territory. The experience of foreign states,
where legal regulation is recognized to be most efficient, and the current laws
of the Russian Federation in the fields of environmental conservation and
protection, legal regulation of the use of various kinds of natural resources
should be taken into account when developing laws on coastal management.
Chapter
3.2
Natural resources and environmental legislation as a legal foundation for
conservation and protection of coasts in the Russian Federation
Legislation on natural resources is a system of legal
rules regulating the status of the environment, ecosystems and specific
resources. The kinds of natural resources concerned are: land, subterranean
resources, soil, surface and underground waters, the atmosphere, forests and
other vegetation, hunting resources, fish and other fishery resources, flora and
fauna, microorganisms, genetic fund, natural landscapes. Environmental
legislation is a system of legal rules regulating the use of the environment to
protect the natural environment, ecosystems and specific natural resources.
Reorganization
of the management structure in the Russian Federation has led to a reduction in
the number of federal bodies involved in ensuring environmental conservation,
rational use of natural resources and ecological safety. However, the
current system for managing environmental conservation in the Russian Federation
is extremely complicated. Responsibility is spread between different
administrative authorities and sometimes duplicated. It results in
cut-throat competition, which is aggravated by
limited financial resources (Baev
and Sorokin, 1999, p11-18).
The
government of the Russian Federation has approved resolutions that define the
regulations by which federal authorities function, and apply the federal laws
that govern environmental conservation, use of natural resources and ecological
safety.
The
Constitution
of the Russian Federation defines some of the rights and duties concerned
with the environment: Article
9 defines ownership of land and natural resources; Article
36 dictates that land and other natural resources ownership, use and
disposal, freely realized by their owners, should not damage the environment and
violate the rights and legitimate interests of other persons; Article
42 defines the right to
a decent environment, reliable information on its state, and compensation
if property or health is damaged by ecological misconduct; Article
58 states that it is everyone’s duty to preserve nature and the
environment and to treat natural resources carefully; Article
71 states that the conditions and order of land use is determined by federal
law; Article
72 gives the Russian
Federation and its subjects joint jurisdiction
in questions of ownership and disposal of land, water, subterranean and
other natural resources.
The
principal federal laws on nature use and
environmental conservation are the:
Law
“On subterranean resources”,
Land
Code,
Water
Code,
Laws:
“On Conservation of the Environment”, “On the Continental Shelf of the
Russian Federation”, “On the Internal Sea Waters, the Territorial Sea
and the Contiguous Zone of the Russian Federation”, “On the Exclusive
Economic Zone of the Russian Federation”, “On the Specially Protected
Natural Territories”, “On Fauna”, “On the General Principles of
Organization of Self-government in the Russian Federation”, “On
Production Sharing Agreements”, “On Ecological Expertise”, “On
Natural Medical Resources, Health-Improving Areas and Resorts”, “On
Protection of the Atmosphere”, “On Sanitary-Epidemiological Well-being
of the Population” (Ajbulatov,
Mihajlichenko et al. 2000).
Russian
Federation Law “On subterranean resources” (1999)
includes the right of
private ownership of subterranean assets: mineral, energetic and other
resources. The Law regulates geological research, use and protection of
subterranean assets on the territory of the Russian Federation and its
continental shelf. The Law regulates licensing and payment for the use of
subterranean resources in detail. However, exploitation of mineral deposits on
the continental shelf is only mentioned, no norms reflecting how they might be
developed are present in this Law. Environmental conservation, being extremely
important for development of mineral deposits in the coastal area, is not
mentioned in the Law. The only reference is to other legislation (“Relations
connected with use and protection of lands, waters, flora and fauna and the
atmosphere, which arise when subterranean resources are being exploited, are
regulated by the corresponding legislation of Russia and subjects of the
Federation”, Article 1).
The
Land Code (1993) regulates the categorization of non-agricultural land
(industrial construction, pipelines, communication lines, etc.). It defines how
land parcels may be used, including questions of payment, the rights and duties
of landowners and land users; it adjusts rents and
includes some aspects of land protection. The Code contains special
articles on land used for nature protection, health-improving, recreational,
historical and cultural purposes (Articles 78, 89-93);
land used for industry, transport, communication, broadcasting, TV, computer
science and space support, energy production, defense and other purposes
(Articles 79, 83-88); land for houses, country houses, garage
construction, business activities (Articles
80-81).
The
legal status of land that is of particular interest in coastal zone management
(land used for recreational and defense purposes, building pipelines etc.) is
not well defined; it is merely mentioned in various regulations. The terrestrial
part of the “land-sea” strip is not mentioned as a separate entity within
the Code and it is not possible to define its legal regime on the basis of the
Code. The reason for this is that the articles in the Code that deal with land
for special purposes (including the coastal strip) are worded very generally and
make references to other legislation. (Ajbulatov,
Mihajlichenko et al. 2000).
The
Russian
Federation Forest Code (1997) does not allow private ownership of forests on
military lands or in cities. The Code: establishes a base of rational use,
conservation, protection and reproduction of forests; defines the competence of
the Federation and the subjects of the Federation in this sphere; and specifies
the categories of forest pertaining to this or
that group. However, what groups or categories of forests the Federation and
subjects of the Federation can manage remains unclear, as the form of property
is not defined in the federal law. So the Code has a negative effect on
management of the forest fund, in the coastal zone where forests are
particularly significant for their climate generating properties, and elsewhere.
The
Russian Federation Water Code (November 16, 1995) regulates
the use and protection of bodies of water so that they are maintained in
optimum condition as regards sanitation and ecology. The Code defines and
characterizes a number of water bodies. It includes a definition of the coastal
strip (Article 16): the coastal strip is adjacent to internal seawaters and the
territorial sea of the Russian Federation territory, its borders and regime are
determined by the Government of the Russian Federation. The legal regime of the
coastal strip is determined by land, water and environmental legislation. The
code does not specify details of coastal management.
The
water bodies that are owned, used and managed by the state are under the joint
jurisdiction of the Russian Federation and subjects of the Russian
Federation. Water bodies may also be municipal property or owned by private
citizens.
Self-governing
institutions may be funded and given state powers to use and protect water
bodies by the Russian Federation. The Water Code includes special articles about
target use of water bodies.
The
Russian Federation Law “On Conservation of the Environment”, accepted in
1993,
defines “legal
foundations of state policy for environmental conservation” and regulates the
interaction of man and nature within the limits of the Russian Federation
territory, and also on the continental shelf and in the exclusive economic zone
of the Russian Federation. The Law contains: articles determining the competence
of authorities at various levels concerned with environmental conservation;
regulations that to constitute the legal basis for ecological management,
minimization and solution of the consequences of emergency ecological
situations; and conservation of particularly valuable natural territories and
objects.
This
legislation, however, does not provide legal mechanisms for the constitutional
ideal of “joint jurisdiction” over the environment that is particularly
important in a coastal area, where federal and local interests are linked (Ajbulatov,
Mihajlichenko et al. 2000).
In
January 2001 a new federal Law “On Conservation of the Environment” came
into force. The structure of the new Law is similar to the old one, however,
significant changes have been introduced and the Law contains essentially new
articles. It transfers some powers of environmental conservation from government
bodies to independent authorities (Golubev
and Sorokin, 2002, p 24-31). The Law demands that environmental
impact assessment is carried out at an early stage in the planning of new
industrial developments, on all the alternative plans, and that independent,
public associations are involved. The new Law also introduces a number of
changes in fiscal regulation.
The
system of normalization and order of state ecological control is completely
changed. According to the old Law, state, industrial and public types of control
of environmental conservation were realized at the federal level, the new Law
adds municipal control. According to the new Law state ecological control is
realized by federal bodies of executive power and executive power bodies of
subjects of the Russian Federation.
The
new Law includes an article establishing requirements
in environmental conservation when privatizing and nationalizing property
(Article 53).
Although
the new Law still does not provide legal measures on conservation of coastal
zones as an integral natural object, nevertheless, it provides a number of new
legal mechanisms for regulating the use of natural resources and the
environment.
Federal
Law “On the General Principles of Organization of Self-government in the
Russian Federation” (1997) defines the powers of state government bodies of
the Russian Federation, and the subjects of the Russian Federation in the field
of local self-government, the competence of local self-governing bodies, their
formation, their financial-economic basis and some other questions of local
self-government. Article 10 allows associations and municipal unions to be
formed. This is the only article on this issue but it is particularly important
in the context of coastal management.
The
federal Law “On Ecological Expertise” (1998) provides for integrated
environmental impact assessment of economic and other activities and their
consequences. The Law determines the competence and use of State ecological
expertise at the federal level and at the level of a subject of the Federation.
However, practical ways to coordinate the interests of the Federation, a subject
of the Federation and local self-governing bodies are not specified when an
expert evaluation of plans, programs and economic projects is being carried out.
State ecological expertise at the federal level is directed in particular at:
mining and processing industries, where use of natural resources is authorized
by the Russian Federation; documentation on production sharing agreements and
concession agreements; other questions of special interest to a number of
coastal areas (Article 11). However, the Law does not make the participation of
experts and representatives of government bodies obligatory. So, territorial
plenipotentiaries of
state government bodies in the field of ecological expertise have the right to
take part in ecological expertise of the objects, planned for realization, only
on the territory of the corresponding subject of the Russian Federation (Article
12) (Ajbulatov, Mihajlichenko
et al. 2000).
Federal
Law “On Production Sharing Agreements” (1999)
defines the deposits,
which may be exploited by production sharing and organizes how such sites may be
developed. Underground reserves may be developed in this way if: it would
otherwise not be profitable to develop the site; financial and technical
resources for the development of large mineral deposits cannot be found; high
cost technologies or additional financial or technical resources are necessary;
regional fuel and raw materials are needed to create work; the Russian
Federation is obliged to negotiate the conditions of the agreement and; there is
competition to develop a site. Production sharing may be granted, in use, in oil
fields, with stocks up to one million tons, and gas deposits, with stocks up to
250 billion cubic meters. The Law applies to mineral deposits on territories of
subjects of the Russian Federation (Article 2). Government bodies of the Russian
Federation and the owner decide questions related to the development of such
sites jointly. Agreements on the exploitation of underground deposits on the
continental shelf and/or within the limits of the exclusive economic zone of the
Russian Federation may be reached with the government, while the site is in use,
according to the “agreement with bodies of executive power of the subject of
the Russian Federation on the territory of which, the stipulated by the
agreement, works will be carried out, in regard of questions under the authority
of this subject” (Article 6, Item 4) (Ajbulatov,
Mihajlichenko et al. 2000).
The
Law “On Specially Protected Natural Territories”
(1995) regulates the
organization, conservation and use of specially protected natural territories to
conserve their unique natural ecosystems, flora, fauna and their genetic fund.
The specially protected natural territories are areas of land, water and the air
space above them, where ecosystems, which have special conservation, scientific,
cultural, aesthetic, recreational and health-improving value, are located. These
territories may be exempted completely or partly from economic use by state
government bodies; a regime of special protection is established separately for
them. The use of the lands, water, forests and other natural resources of such
territories, are regulated “by the corresponding Russian legislation and
legislation of subjects of the Russian Federation” (Article 1, Item 2).
Federal
Law “On
Natural Medical Resources, Health-Improving Areas and Resorts” gives the
Government of the Russian Federation and state government bodies the right to
control the use of specially protected natural territories so that they may be
conserved. The Law organizes the protection of natural ecosystems and objects in
state nature reserves and other regional and local specially protected areas. It
also regulates research, use, development and conservation of natural medical
resources, medical health-improving areas and resorts on the territory of the
Russian Federation. The functioning of medical-health-improving areas (or
resorts) is defined by the Law and administered by corresponding bodies of
executive power (Article 3, Item 3). The Law contains regulations on the
organization of sanitary protection of natural medical resources, medical
health-improving areas and resorts.
The
Law “On Fauna” (1995) regulates the use and conservation of fauna and the
conservation and recovery of its habitat to assure biological diversity, create
conditions for sustainable existence of the fauna and conserve the genetic fund
of wild animals and to implement other measures to protect fauna.
Questions
of ownership, use and disposal of fauna on Russian Federation territory are
under the joint authority of the Russian Federation and subjects of the Russian
Federation. The use of fauna is possible within a complex system of measures to
protect them, allow them to breed and conserve their habitat.
Citizens
of the Russian Federation, whose livelihood is completely or partly founded on
traditional crafts, including hunting, fishery and gathering, have the right to
exploit fauna in traditional ways (Article 48).
The
Law provides for action at federal, territorial and local level to conserve
fauna and their habitat without damaging other fauna or the environment.
The Law “On
the Protection of the Atmosphere” (1999) establishes legal foundations for
protection of the atmosphere and is directed at realizing the constitutional
rights of citizens to a favorable environment and reliable information about its
state. The Law defines: the powers of state government bodies and of local
self-governing bodies in protecting the atmosphere; the principles of government
administration; and the action to be taken when atmospheric problems pose a
threat to life and health.
The
Federal Law “On the Sanitary-Epidemiological Well-being of the Population”
(1999) determines the powers of state government bodies in assuring the sanitary
and epidemiological well-being of the population. It contains articles on: the
sanitary requirements of new cities and rural settlements; personal and
household products and the technologies for their production; foodstuffs and
additives; organization of public catering; soil; air; and collection,
transportation, storage, use and burial of waste products. The Law regulates
sanitary, anti-epidemic actions and defines the organization and competence of the State
Sanitary-Epidemiological Service of the Russian Federation. Article 18 assigns
responsibility for dealing with waterborne borne objects, hazardous to human
health, to Federal executive bodies, local self-governing bodies and law
enforcement personnel. Coastal marine interests are not well served by this
legislation as polluted coastal basins fall under federal jurisdiction (Ajbulatov,
Mihajlichenko et al. 2000).
Laws “On
the Continental Shelf of the Russian Federation”, “On
Internal Seawaters, Territorial Seas and Contiguous Zone of the Russian
Federation” and “On
the Exclusive Economic Zone of the Russian Federation”, which were
considered in detail in the previous chapter, can only form part of the
legislative foundation for the management of coastal basins.
The
various Russian Federation laws that independently govern activities in the
exclusive economic zone, the territorial seas, internal waters and coastal
territory have no mechanism to coordinate their legal powers. The Law “On
the Continental Shelf of the Russian Federation” (1995)
does not contain
regulations on coordinating the interests of the various users of the shelf’s
natural resources; it does not provide a mechanism for coordinating the
implementation of federal legislation in this vast area of Russian jurisdiction.
The Law “On
Internal Seawaters, Territorial Seas and Contiguous Zone of the Russian
Federation” (1998)
does not lay down any norms for coastal zone management. The Law “On
the Exclusive Economic Zone of the Russian Federation” (1998) does not
determine the federal department or official, responsible for coordination of
activities in the exclusive economic zone or for dealing with violations of the
regulations.
Thus,
Russian Federal Laws unlike the laws of foreign states with advanced legal
systems, do not yet contain legal norms for an optimum regime for the
territorial “land-sea” strip, a huge fraction of the seacoast and the
territorial sea of Russia, or legislative foundations for harmonizing the
interests of different user groups (oil producers, fishermen, representatives of
maritime recreational and tourist business, etc.). In current legislation there
is no legal act treating the coastal zone (bands of land and sea, tightly linked
by ecological, economic and social factors) as a whole from the point of view of
economics and ecology. Russia has a longer continental seashore than any other
country, but unlike some others it does not have legislation for determining
standards of management in the “contact” land-sea
zone (Ajbulatov,
Mihajlichenko et al. 2000)
Work
on developing new coastal legislation has started in the Russian Federation. The
Federation has approached the European
Union for Coastal Conservation as it wishes to use their Code for coastal
management, in particular, its special recommendations for developing ports,
sustainable tourism (UNEP,
1997) and sustainable economy in the Kingisepp area and in the
Leningrad region. The code is also the basis for a program on conservation of
the environment of the Black Sea, in regard of land use planning, protection of
coasts, creation of systems of zoning and sustainable tourism. Scientists,
lawyers and other experts (Andreeva,
Ajbulatov, Brinchuk, Mihajlichenko and Davletbayeva, 2000) are
engaged in developing scientific-legal foundations for coastal management within
the framework of programs funded by domestic state organizations and the European
Community
(TASIS).
Chapter
3.3
International legal obligations of the Russian Federation on harmonization of
the use of natural resources and environmental protection
As the Russian Federation participates in various
international treaties that govern activities at sea, nature use and the
environment, including the ones related to the coastal zone, it is obliged to
abide by them.
Comparison
of Russian legislation with the principles and standards of international law
shows that in some cases there are contradictions related to differences in
legal concepts and definitions, and in some cases to conflicts of legal
provisions in the Russian legislation. For example, the Water Code referring to
civil legislation (Article 3) provides the right of property (Article 36) on
“internal sea waters” and “territorial sea of the Russian Federation”,
whereas the United
Nations Convention does not use the civil-law concept of “property” in
articles concerning maritime spaces even within the limits of state territory.
The establishment in Russian legislation of ownership of maritime spaces is
erroneous, and in the courts this right of property counts as a legal
misunderstanding (lapsus jure).
The right of ownership
of maritime spaces is obviously not compatible with resolutions of the UN
Convention of 1982. So by establishing the right to hold property in the Water
Code, one more conflict between private law and constitutional law provisions
was created (Vylegzhanin
and Zylanov, 2000, p 48-49).
The
lag between the norms of Russian legislation and international legal
regulations, which take into account economic, ecological and social aspects of
the coastal strip, and also advanced foreign legislation is now starting to
constrain the economic and social development of Russia’s coastal areas. This
is hindering protection of the environment, reduces the recreational
attractiveness of such areas and, correspondingly, their investment
possibilities.
The Russian
Federation now participates in many international treaties on conservation of
the environment. International treaties, which, according to the Article 82 of
Federal Law “On Conservation of the Environment” do not require new domestic
acts, can be applied directly to conservation of the environment. In other cases
along with an international treaty a corresponding normative domestic legal act
is necessary if the international treaty is to apply. If an international treaty
accepted by the Russian Federation establishes other rules, than those
stipulated by the Federal Law, the rules of the international treaty apply. It
is noteworthy, that agreements and conventions due to their status as
international treaties, with some exceptions, have no precisely defined norms
and obligations for subjects of the Russian Federation (Golubev
and Sorokin, 2002, p.11).
The
international agreements, to which the Russian Federation is signatory, that
relate to protection of the marine environment from pollution, environmental
impact assessment, transboundary agreements and disputes conservation of
biodiversity, are detailed below.
Convention
on the Protection of the Marine Environment of the Baltic Sea Region
The Convention
on the Protection of the Marine Environment of the Baltic Sea Region (the
Helsinki Convention) was signed in March 1974 by representatives of the
coastal countries of the Baltic: Denmark, Finland, the German Democratic
Republic, Poland, Sweden, the Union of Soviet Socialist Republics and West
Germany. It came into force in May 1980. The Helsinki Convention was the first
international agreement to encompass all sources of pollution: coastal, (spot
and diffusive), marine (vessels), and atmospheric. In 1992 all the countries of
the Baltic Sea, and the European Community Commission signed an updated version
of the Convention.
The
Convention on Protection of the Marine Environment of the Baltic Sea Region
occupies a special place in the system of international law on conservation of
the environment. It is directed at
harmonization
of national
development with conservation of the Baltic Sea basin environment and is founded
on the principle of achieving consensus in the decision-making process. A
guiding principle of the Helsinki Convention is to change technological,
administrative and other forms of nature use to decrease the probability of
environmental contamination. It is agreed, that this is one of the most
successful interregional agreements of its kind. The governing body of the
Helsinki Convention is the Helsinki
Commission (HELCOM). During its work more than 100 recommendations have been
developed.
The
Helsinki Convention provides an introduction to methods of economic practice and
mutual control according to agreed principles under the direction of the
executive boards of the Helsinki Convention.
International
Convention for the Prevention of Pollution from Ships of 1973, modified by the
Protocol of 1978, with amendments (MARPOL 73/78)
The International
Convention for the Prevention of Pollution from Ships of 1973, modified by the
Protocol of 1978, with amendments (MARPOL 73/78) is intended to prevent
pollution of the marine environment by harmful substances, or discharges
containing such substances, from vessels. MARPOL 73/78 is the most ambitious
international agreement to decrease marine pollution to date. It concerns not
only oil but also, all other kinds of marine pollution. The principle technical
details are presented in six annexes:
Annex
I. Oil.
Annex
II. Noxious substances carried in bulk (for example, chemicals).
Annex
III. Harmful substances carried in packages, portable tanks, freight
containers, or road or rail tank wagons, etc.
Annex
IV. Sewage from ships.
Annex
V. Garbage from ships.
Annex
VI. Prevention of air pollution from ships.
Countries
that ratified the convention must accept Annexes II and I but, the others are
voluntary. A more
detailed examination of the Annexes follows.
Annex
I. Prevention of pollution by oil. The most important point in the 1973 convention is the introduction of the
concept of “special areas” which are considered to be so vulnerable to
pollution by oil that oil discharges within them are completely prohibited.
The Baltic Sea is a “special area”. All
oil-carrying ships are required to retain oily wastes on board through a “load
on top” system and to discharge to shore reception facilities in this way.
New
oil tankers (i.e. those for which the building contract was placed after 31
December 1975) of 70 000 tons deadweight and above, must be fitted with
segregated ballast tanks large enough to provide adequate operating draught
without the need to carry ballast water in cargo oil tanks. Every ship must have a plan to prevent oil pollution in emergency
situations.
In
1999 at the 43rd session of the Marine Environment Protection Committee (MEPC)
rules were accepted to include oil tankers carrying persistent oil products (including
heavy diesel oil and fuel oil) in the list of ships, subject to the
same construction requirements as crude oil tankers. These amendments entered into force on January 1, 2001.
Annex
II. Control of pollution by noxious liquid substances.
This appendix details
the discharge criteria and measures for the control of pollution by noxious
liquid substances carried in bulk. Some 250 substances were evaluated and included in the list appended to
the Convention. No discharge of residues containing noxious substances is
permitted within 12 miles of land. More stringent restrictions apply to the
Baltic Sea and the Black Sea areas.
Annex
III. Prevention of pollution by harmful substances in packaged form.
Annex III
specifies how
detailed standards on packing, marking, labeling, documenting, stowing, limiting
quantities, exceptions and notifications for preventing pollution by harmful
substances should be issued.
Annex
IV. Prevention of pollution by sewage from ships.
73 countries now accept this Annex; this amounts to 42.6% of world shipping
tonnage.
Annex
V. Prevention of pollution by garbage from ships.
The basic requirement of Annex V is the complete ban on dumping of all forms of
plastic at sea.
Annex
VI. Prevention of air pollution from ships.
Annex VI was introduced into the Convention in 1997 to limit the emission of sulfur oxide (SOx) and nitrogen oxide
(NOx) from ships and prohibit the deliberate emission of ozone
depleting substances.
The maximum permissible content of sulfur in fuel is 4.5%. Vessels are obliged
to fit exhaust gas cleaning systems or to use other technological methods to
limit SOx emissions. New installations that produce ozone-depleting substances are prohibited
on all ships.
Convention
on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter
The Convention
on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (the
London Convention) of December 29, 1972, ratified on December 15, 1975,
concerns special problems of direct pollution of marine ecosystems. Contracting
Parties to the London Convention have agreed to promote
the effective control of all sources of pollution of the marine environment, and
pledge themselves to take all practicable steps to prevent the pollution of the
sea by the dumping of waste and other matter that is liable to create hazards to
human health, to harm living resources and marine life, to damage amenities or
to interfere with other legitimate uses of the sea. This
includes organohalogen compounds, mercury and mercury compounds, cadmium and
cadmium compounds, crude oil and its wastes, refined petroleum products,
petroleum, distillate residues, and any mixtures containing any of these.
Convention
on the Establishment of an International Fund for Compensation for Oil Pollution
Damage of 1992
The International Fund for Compensation for Oil Pollution Damage (“The Fund”) was established to provide compensation for pollution damage to the extent that the protection afforded by the 1992 Liability Convention is inadequate. The fund will pay compensation to any person suffering pollution damage, if such a person has been unable to obtain full and adequate compensation for the damage under the terms of the 1992 Liability Convention. The Fund may provide credit facilities to provide preventive measures against pollution damage arising from a particular incident in respect of which the Fund may be called upon to pay compensation under this Convention.
In December
2000 the Convention was embodied in the Russian Federation Law “On the Russian
Federation’s joining the 1992 Protocol to amend the International Convention
on Establishment of an International Fund for Compensation for Oil Pollution
Damage of 1971”.
International
Convention Relating to Intervention on the High Seas in Cases of Oil Pollution
Casualties
Parties
to the International
Convention Relating to Intervention on the High Seas in Cases of Oil Pollution
Casualties
may take such measures on the high seas as may be necessary to prevent, mitigate
or eliminate grave and imminent danger to their coastline or related interests
from pollution or threat of pollution of the sea by oil, following a maritime
casualty or acts related to such a casualty, which may reasonably be expected to
result in major harmful consequences. No measures should be taken under the
present Convention against any warship. Measures
taken by a coastal state should be proportional to actual or expected damage. When
a coastal state is exercising the right to take measures in accordance with this
Convention, the following provisions apply:
before
taking any measures, a coastal state should consult with other states
affected by the maritime incident, particularly with the flag state or
states;
the
coastal state should notify, without delay, the proposed measures to any
persons physical or corporate known to the coastal State, or made known to
it during the consultations, to have interests which can reasonably be
expected to be affected by those measures;
before
any measure is taken, the coastal state may consult with independent
experts, whose names shall be chosen from a list maintained by the
Organization;
in cases of extreme urgency requiring measures to be taken immediately, the coastal State may take measures rendered necessary by the urgency of the situation, without prior notification or consultation or without continuing consultations already begun.
Convention
on Environmental Impact Assessment in a Transboundary Context
The Convention on Environmental Impact Assessment (EIA) in a Transboundary Context was signed in Espoo (Finland) on February 25, 1991. It is intended to prevent, reduce and control significant adverse transboundary environmental impacts. The Convention was signed by the Government of the USSR on July 6, 1991 and reconfirmed by the Government of the Russian Federation on January 13, 1992. After adoption of the national list of objects for the EIA procedure, the Convention entered into force as a normative document.
Environmental
impact assessment is a way of including ecological
factors in Russian Federation legislation that applies at the level of
preparation and decision-making on social and economic development of society.
EIA is intended to reveal, and allow steps to be taken to prevent
unacceptable ecological, social, economic and other consequences of economic or
other activities. It is obligatory when preparing the documentation for
industrial and other kinds of listed developments. The Ministry of Natural
Resources and Russian Federation executive bodies determine whether EIA is
necessary for types of projects that are not on the list. EIA of various,
alternative development plans means that decisions on how the plan evolves take
into account the cost to the environment.
Basel
Convention on the Control of Transboundary Movements of Hazardous Wastes and their
Disposal
The Convention
on
the Control of Transboundary Movements of Hazardous Waste and Their Disposal
(the Basel Convention) was signed on March
22, 1989, and ratified on November 25, 1994 by the Federal Law “On the
ratification of the Basel Convention on the Control of Transboundary
Movements of Hazardous Waste and Their Disposal” and
entered into force May 1, 1995. The Basel Convention defines how transboundary
movements of hazardous wastes are to be controlled.
A
resolution, № 670, “On
priority measures for execution of the Federal Law
“On ratification of the Basel Convention on the Control of
Transboundary Movements of Hazardous Waste and Their Disposal”
forbidding the import of hazardous wastes with the intent to bury or burn them
on Russian Federation territory was passed by the government and came into force
on July, 1, 1995. A second resolution, № 766, based on the Basel
Convention “On the state regulation and control of transboundary movements of
hazardous wastes” was passed on July 1, 1996 and came into force on January 1,
1997.
Convention
on Wetlands of International Importance especially as Waterfowl Habitat
The Convention
on Wetlands of International Importance especially as Waterfowl Habitat (the
Ramsar Convention) was signed by the Government of the USSR on February 2,
2971. The convention was amended by the protocols of December 3, 1982 and May
22, 1987. The Ramsar Convention was put into practice in the Russian Federation
in 1992. The Convention is aimed at the protection of wetlands, their flora and
fauna. For the purpose of this Convention wetlands are areas of marsh, fen, peat
land or water, whether natural or artificial, permanent or temporary, with water
that is static or flowing, fresh, brackish or salt, including areas of marine
water the depth of which at low tide does not exceed six meters. In execution of
the regulations of the Convention the Government of the Russian Federation
adopted a decree “On measures for ensuring the fulfillment of obligations of
the Russian Party, following from the Convention on Wetlands of International
Importance especially as Waterfowl Habitat of February 2, 1971” on September
13, 1994 (decree № 2395).
Convention
on International Trade in Endangered Species of Wild Fauna and Flora
The Convention
on International Trade in Endangered Species of Wild Fauna and Flora was
signed by the Government of the USSR on March 3, 1973 in Washington and ratified
on September 8, 1976. The Convention is aimed at protecting some species of wild
fauna and flora from their excessive exploitation in international trade.
To implement the provisions of the Convention the Government of the Russian Federation adopted decrees “On measures for ensuring the fulfillment of obligations of the Russian Party, following from the Convention on International Trade in Endangered Species of Wild Fauna and Flora of March 3, 1973” (13.09.1994, № 1051) and “On clauses about species included in Appendices I and II of Convention on International Trade in Endangered Species of Wild Fauna and Flora of March 3, 1973” (07.04.1995, № 318). The list of rare and endangered species of animals, sale of products from skins of which is forbidden, is affirmed by the order of Ministry for Protection of the Environment and Natural Resources of the Russian Federation (27.06.1994, № 202) and is registered in the Ministry of Justice of the Russian Federation (13.07.1994, № 632).
Successful implementation of
integrated coastal zone management is only possible if the legislative base is
present, and where the coast is regarded as an integral natural object.
Conservation of the natural resources of coastal territories, where the
interests of various nature users clash, is impossible without an effective
legal mechanism for the harmonization of relations between the various users of
the natural resources.
In
general the international experience shows, that artificially created legal
distinctions between territorial and marine laws
holds up implementation of integrated coastal zone management. Coasts must be
considered as a complex area of legislative
competence.
The
choice of legislative mechanisms for ICZM depends on the national legal system,
economic conditions, the natural features of the coasts and the state of their
environment. At the same time, national coastal legislation should accord with
the principles and standards of international law. Despite
the variety
of laws that govern
coastal zones in different countries
legislative problems associated with the coastal zone are remarkably similar
worldwide.
A
close connection with the marine ecosystem and dependence on the marine
environment characterizes the coastal strip. This must be taken into account
when forming the structure, principles and legal basis of its management.
International marine law plays a significant role in the rational use and
protection of the marine environment from pollution.
A peculiarity of
current legislation in Russia is the separate consideration of questions of
legal regulation for various kinds of natural resources in corresponding,
specialized legislation. The absence in Russian Federation legislation of the
definition of the coastal zone as an integral object of management does not
allow a general strategy to be developed for the use and protection of its
natural resources without damage to the ecosystem.
However,
existing legislation does realistically allow a federal legal base to be
developed that will form the foundation for principles of management and
coordination of economic activities in the coastal zone, according to ecological
requirements.
Thus,
coastal legislation is not an end in itself; it is only a tool for successful
implementation of integrated coastal zone management.
