In addition to UNCLOS as the overarching regime for sea law, there are conventions and protocols that specifically address marine pollution and have significance for the offshore oil and gas sector. The 1972 London Convention,48 1996 Dumping Protocol49 and the International Conven-tion on Oil PolluConven-tion Preparedness, Response and Co-operaConven-tion 1990
45 Lee Cordner, “The Spratly Islands dispute and the Law of the Sea”, Ocean Development and International Law, Volume 25, 1994, pp. 61–74. An analysis of the South China Sea claimants’ positions relevant to UNCLOS is presented here with a brief overview of the merits of the South China Sea being determined as a semi-enclosed sea at pp. 70–71.
46 The Council for Security Cooperation in the Asia Pacific (CSCAP) provides an informal mechanism for scholars, officials and others in their private capacities to discuss political and security issues and challenges facing the region. CSCAP comprises 21 full members: Australia, Brunei, Cambodia, Canada, China, Europe, India, Indonesia, Japan, DPR Korea, Korea, Malaysia, Mongolia, New Zealand, Papua New Guinea, Philippines, Russia, Singapore, Thailand, United States of America and Vietnam and one associate member (Pacific Islands Forum Secretariat). Viewed 4 September 2012, <http://www.cscap.org/>.
47 Council for Security Cooperation in the Asia-Pacific (CSCAP), Guidelines for Maritime Cooperation in Enclosed and Semi-Enclosed Seas and Similar Sea Areas of the Asia Pacific, Memorandum 13, June 2008, viewed 4 September 2012, <
http://www.cscap.org/index.php?page=cscap-memoranda>.
48 Convention on the Prevention of Marine Pollution by Dumping Wastes and Other Matters 1972 (1972 London Convention), adopted 29 December 1972 (entered into force generally 30 August 1975).
49 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972 (1996 Dumping Protocol), adopted 7 November 1996 (entered into force generally 24 March 2006).
(OPRC 1990)50 are relevant to marine pollution prevention, response and recovery. OPRC 1990 presents mandatory requirements for pol-lution emergency plans for vessels, offshore drilling units, production platforms, and onshore facilities. Offshore units include both floating and fixed structures engaged in exploration, production, loading and unload-ing of oil.51 States are encouragedto cooperate and establish regional as well as national systems for oil pollution preparedness and response.52 The 1972 London Convention addresses dumping from offshore platforms and other manmade structures, including deliberate disposal of offshore platforms. The 1996 Dumping Protocol recently entered into force and superseded the 1972 London Convention andis more restrictive as it adopts a “precautionary approach”53 and a “reverse list approach”.54
Agreements have been struck in many regions around the world55 that specifically impose regional arrangements consistent with those
50 International Convention on Oil Pollution Preparedness, Response and
Co-operation 1990 (OPRC 1990), adopted 30 November 1990 (entered into force generally 13 May 1995).
51 Ibid., Article 3.
52 Ibid., Article 6.
53 1996 Dumping Protocol, op. cit., Article 3(1). The precautionary approach requires that appropriate preventive measures are taken when there is reason to believe that wastes or other matter introduced into the marine environment are likely to cause harm, even when there is no conclusive evidence establishing a link between inputs and their effects.
54 Ibid., Article 4(1). The reverse list approach prohibits all dumping unless it is explicitly permitted in the approved list. This effectively limits a range of waste materials that may be disposed of at sea and presents a new approach to regulating the use of the sea as a depository of wastes.
55 See United Nations Environment Programme (UNEP), <http://www.unep.ch/
regionalseas/legal/conlist.htm>, viewed 6 September 2012, for a listing of regional treaties.
international treaties. These include the Barcelona Convention56 and the Madrid Protocol57 in the Mediterranean Sea that deal with pollution resulting from exploration and exploitation of the continental shelf and the seabed and its subsoil,58 requires parties to cooperate in dealing with pollution emergencies,59 and to engage in scientific and technological co-operation.60 Similarly, the objectives of the Kuwait Convention61 and
56 United Nations Environment Programme (UNEP), Convention for the Protection of the Mediterranean Sea against Pollution 1976 (Barcelona Convention) revised in Barcelona, Spain, 10 June 1995 and replaced by the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean, entered into force 9 July 2004, viewed 6 September 2012, <http://
www.unep.ch/regionalseas/regions/med/t_barcel.htm>. The Contracting Parties are: Albania, Algeria, Bosnia and Herzegovina, Croatia, Cyprus, Egypt, European Community, France, Greece, Israel, Italy, Lebanon, Libya, Malta, Monaco, Morocco, Serbia and Montenegro, Slovenia, Spain, Syria, Tunisia, and Turkey.
57 United Nations Environment Programme (UNEP), Protocol for the Protection of the Mediterranean Sea against Pollution resulting from Exploration and Exploitation of the Continental Shelf and the Seabed and its Subsoil 1994 (Madrid Protocol), adopted 14 October 1994 in Madrid, Spain, has not yet entered into force, viewed 6 September 2012, <http://www.unep.org/regionalseas/
programmes/unpro/mediterranean/instruments/default.asp>.
58 UNEP, Barcelona Convention, op. cit., Article 7 requires “Contracting Parties shall take all appropriate measures to prevent, abate and combat pollution of the Mediterranean Sea area resulting from exploration and exploitation of the continental shelf and the seabed and its subsoil.”
59 Ibid., Article 9 states “Contracting Parties shall co-operate in taking the necessary measures for dealing with pollution emergencies in the Mediterranean Sea area, whatever the causes of such emergencies and reducing or eliminating damage resulting therefrom.”
60 Ibid., Article 11.
61 United Nations Environment Programme (UNEP), Kuwait Regional Convention for Cooperation on the Protection of the Marine Environment from Pollution (Kuwait Convention); adopted 24 April 1978, in force 1 July 1979, Contracting Parties: State of Bahrain, Iran, Republic of Iraq, State of Kuwait, Sultanate of Oman, State of Qatar, Kingdom of Saudi Arabia and the United Arab Emirates, viewed 6 September 2012, <http://www.unep.org/regionalseas/programmes/
nonunep/ropme/instruments/default.asp>.
associated Protocols62 in the Persian Gulf include cooperation in prevent-ing and dealprevent-ing with pollution of the marine environment from various sources including “exploration and exploitation of the bed of the territo-rial sea and its subsoil and the continental shelf ... (and) co-operation in dealing with pollution Emergencies”.63
These Agreements include the formulation of regional action plans for protecting the coastal and marine environment and for dealing with pol-lution.64 Such agreements do not yet exist in the northeast Indian Ocean and western Pacific Ocean to address the need for cooperative, regional approaches in areas like the South China Sea and the East China Sea. Asso-ciated risk management implications are addressed in Chapter 5.
62 United Nations Environment Programme (UNEP), Protocol Concerning Regional Co-operation in Combating Pollution by Oil and Other Harmful Substances in Cases of Emergency; adopted 1978, in force 1979; and Protocol concerning Marine Pollution resulting from Exploration and Exploitation of the Continental Shelf;
adopted 1989, in force 1990, viewed 6 September 2012, <http://www.unep.org/
regionalseas/programmes/nonunep/ropme/instruments/default.asp>.
63 UNEP, Kuwait Convention, loc. cit.
64 See the United Nations Environment Programme (UNEP) website <http://www.
unep.org/> for details.
ReGiONAl SAfety ANd SecuRity chAlleNGeS
T
he immense scale and geographic extent of offshore oil and gas activity in the often crowded waters of the Asia Pacific means there are many safety and security challenges. This chapter will consider a range of safety and security risks that confront regional and extra-regional actors: regulatory/man-induced; the prospect of armed conflict; law and order at sea issues; increasing maritime user intensity;natural hazards; and decommissioned installations.