“OPERATIONAL POLLUTION FROM SHIPS: LEGAL INSTRUMENTS AND ENFORCEMENT MECHANISMS”
AUTHOR- JANANI R, STUDENT AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY (TNDALU)
BEST CITATION – JANANI R, “OPERATIONAL POLLUTION FROM SHIPS: LEGAL INSTRUMENTS AND ENFORCEMENT MECHANISMS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 862-872, APIS – 3920 – 0001 & ISSN – 2583-2344
Operational pollution from ships, which results from everyday maritime activities such as emissions, ballast water discharge, sewage, waste disposal, and fuel use, endangers marine ecosystems, coastal populations, and global climate goals. Operational discharges, unlike unintentional contamination, occur over time and are frequently invisible to authorities. This paper critically explores the international legal system governing such pollution, with an emphasis on treaties like as MARPOL, UNCLOS, the Ballast Water Management Convention, and related liability regimes. It also looks at regional and national legal responses, as well as the changing regulatory landscape in India. The study delves into various enforcement strategies, including flag state control, port state inspections, coastal state authority, and developing monitoring and detection technology. Empirical evidence from IMO audits, satellite monitoring, and real-world enforcement operations reveals significant gaps in compliance and capacity, especially in developing countries. The paper identifies systemic challenges including weak flag state oversight, under-resourced port authorities, limited detection infrastructure, jurisdictional ambiguity, and insufficient penalties. Ultimately, it argues for a more integrated and accountable regime to reduce ship-sourced operational pollution and safeguard the marine environment.
KEYWORDS– Operational pollution, international conventions, Flag state, Port state, IMO audits