Authors: Prakash Sharma and Partha Pratim Mitra*
The rampant consumption of Earth for its resources has caused massive alterations to its responsive ecosystem. Humans desires have separated themselves from the mutual well-being of the other living and non-living entities of the planet. Human needs following various generations of industrial revolution has only resulted in accumulation of piles and piles of waste and pollution. The inefficient development model has invaded the ecological habitats of “others”.
Every year June 08 is celebrated as World Ocean Day. During the 1992 Earth’s submit, Canada proposed the concept of a World Ocean Day. Since then, there have been remarkable measures adopted to this project of Ocean protection. The focus of this year’s Ocean Day celebration centers around the spirit of “together we can”. humanity finds itself confronting with many issues including COVID-19 pandemic, climate change and poisoned plastic. The rise of contagious diseases like COVID-19, SARS, MERS, Zika virus, Ebola etc. are all result of self-consuming model. Perhaps, it reveals the manner in which development has only resulted in manipulating animals and plants, with no integrity or care for their health. In fact, the response during pandemic is no different. For plastic industry, pandemic is seen as an advantage to push suspensions or rollbacks of hard-won environmental measures of reducing plastic pollution. The argument is to follow caution and ensure that the pandemic does not results in epidemic. It in these lines the present writeup outlines various legal instruments entered amongst nation-states; and thereby argues for re-evaluating existing human practices to ensure crucial changes to the health and sustenance of marine ecosystem.
Early Initiative: Convention on Fishing and Conservation of Living Resources of the High Seas, 1958
The Convention of Fishing and Conservation of Living Resources of the High Seas, 1958 is an agreement that was designed to solve through international cooperation the problems involved in the conservation of high seas, considering that because of the development of modern technology some of these resources are in danger of being overexploited. The Convention took place at Geneva on April 29, 1958 under the auspices of United Nations forproblems involved in the conservation of the living resources of the high seas due to development of modern techniques for the exploitation of the living resources of the sea and man’s ability to meet the need of the world’s expanding population for food which has exposed some of these resources to the danger of being over-exploited. The original convention consisting 22 Articles mainly restricting fishing activities of member countries within their territorial seas. It entered into force on 20 March 1966 and at present there are 38 signatories to the convention.
Conventions for Prevention of Marine Pollution during 1970s
The legal framework was also structured to control the marine pollution and conserve the wildlife in marine ecosystem during the period of 1970s. The marine pollution awareness generated after the industrial development in the western countries and mainly after the disasters of Torrey Canyon, a Liberian oil vessel, caused huge damage in marine life of British coasts in 1967, and Santa Barbara near California suffered a huge ecological loss after a blow out of an oil well in 1969. People realized the necessity of strict provision to control oil pollution to protect the marine life and Oslo Convention for the Prevention of Marine Pollution by Dumping from Ships and Aircrafts, 1974(Oslo Convention)was introduced to cope with marine pollution in international level. It modified previous Convention for Prevention of the Pollution of the Sea by Oil, 1954and subsequent international efforts were often triggered by major oil spills such as the accidents involving the Torrey Canyon in 1967, the Amoco Cadiz in 1978, the Exxon Valdez in 1989 and the Prestige in 2002.
The Helsinki Convention on the Protection of the Marine Environment of the Baltic Sea Area, was originally signed in 1974,for the protection of the Baltic Sea from all sources of pollution from land, air and sea and also to take measures on conserving habitats and biological diversity and for the sustainable use of marine resources. The original Convention was signed by Denmark, Finland, the German Democratic Republic, the Federal Republic of Germany, Poland, Sweden and the Union of Soviet Socialist Republics, and subsequently was updated in 1992 by Estonia, the European Union, Germany, Latvia, Lithuania, Poland, Russia and Sweden.
Barcelona Convention for the Protection of the Mediterranean Sea Against Pollution, 1976and came into force in 1978, was the legal framework implemented through the Mediterranean Action Plan (MAP), which aims to protect the Mediterranean Sea basin. Three additional legal instruments i.e. Protocol on pollution from land-based sources, 1980, Protocol concerning Specifically Protected Areas, 1982 and Offshore Protocol, 1994 were adopted by this convention. The contracting parties to the Barcelona Convention included measures to prevent the deterioration of the Mediterranean coast in 1995 and now it is known as Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean came into force on July 9, 2004.
Convention on the Conservation of Migratory Species of Wild Animals, Bonn, 1979 (CMS) assumes relevance in the context of marine migratory species and its Tenth Meeting of the Conference of the Parties, adopted about “marine debris” on 2011 Bergen, Norway. Here, marine debris negatively impacts substantial numbers of migratory marine wildlife, including many species of birds, turtles, sharks and marine mammals that are threatened with extinction;
Major pollution accidents in the recent past have created another exception to the exclusiveness of flag State jurisdiction on the high seas, in favour of States whose coastline is threatened with serious pollution damage from a foreign shipping casualty. This right gained rapid recognition after the British action against the American tanker, the Torrey Canyon in 1967 which led to the adoption of the International Convention on Intervention on the High Seas, 1969 in case of Oil Pollution Damage, and ultimately found entry into theLaw of the Sea Convention, 1982 (UNCLOS).
The ship borne wastes generated during normal operation are regulated bytheOslo Convention. But this Convention is not globally applicable and is limited essentially to the North-East Atlantic area. The banned dumping wastes cannot be regulated by the Basel Convention for Transboundary movement of Hazardous Wastes, 1989. In this regard, the London Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matters, 1972 (London Convention), is an important international instrument for protection of marine resources and marine biodiversity against the disposal of wastes into the seas.
In 1983, Pacific Island nations proposed an immediate ban on the dumping of nuclear waste into the sea. They made their proposal before the authority established under the London Convention for regulating the sea pollution caused by dumping. The London Convention is a global Convention and is wider than the Oslo Convention. After the 1996 London Protocol, the dumping of all wastes are prohibited and it completely prohibits incineration at sea and the dumping of industrial wastes.
UN Convention on the Law of Sea, 1982
The UNCLOS is the foundation for the modern law relating to international fisheries.It conferred on the nationals of all states the right to engage in fishing on the high seas but this right is subject to their treaty obligations and the rights and duties as well as the interests of the coastal states. All states have the duty to take or to cooperate with other states in taking measures for their respective nationals as may be necessary for the conservation of the living resources of the high seas.
The UNCLOS specifically addresses some categories like highly migratory species, namely tuna, marlin, sailfish, swordfish, dolphin, shark and cetacea listed in Annex I. Then marine mammal’s category includes 12 species including great whales which were previously hunted near extinction, as well as small cetaceans, dolphins, porpoises, seals, dugongs and marine otters. Next categories, Anadromous species which are spawned in freshwater rivers but spend the major part of their lives at sea passing through territorial sea, Exclusive Economic Zone and High Seas and Catadromous species are spawned at sea and send major part of their lives in rivers and lakes.
In particular, the UNCLOS attributes jurisdiction over conservation and use of marine living resources within the various marine zones, and also sets forth certain basic conservation principles applicable therein, within the territorial sea, states have traditionally enjoyed exclusive rights to fisheries as part of the exercise of sovereignty there. In Section 2 of Part IX (Articles 116 to 120) deals with the provisions relating to ‘Management and Conservation of Living Resources of the High Seas’ and Part XII (Articles 192 to 237) totally deal with ‘Protection and Preservation of the Marine Environment’ including Enforcement, Safeguard and International rules to prevent and control marine environment pollution.
Initiatives during 1990’s and onwards
In a ministerial meeting in September 1992, representatives of Oslo Convention and Paris Convention on the Prevention of Marine Pollution from Land-based Sources, 1974 adopted a new Convention for the Protection of the Marine Environment of the North-East Atlantic, 1992 also known as OSPAR Convention.
Likewise, the Washington Declaration on Protection of the Marine Environment from Land-based Activities held on November 1995 for affirming the need and will to protect and preserve the marine environment for present and future generations and also reaffirming the relevant provisions of Agenda 21 and the Rio Declaration on Environment and Development, 1992. This process included among others a week-long meeting of government designated experts, focusing on the Montreal Guidelines for the Protection of the Marine Environment from Land-Based Sources of Pollution, 1985.
Recently, International Maritime Organization amended the Annexure V of International Convention for the Prevention of Pollution from Ships (MARPOL) dealing with “Prevention of Pollution by Garbage from Ships” which will prohibit the discharge of all garbage from ships into the sea from January 1, 2013.In March 2019, The United Nations Environment Programme (UNEP) adopted Protection of the Marine Environment from Land-Based Activities, Nairobi for retaining the high quality of the coastal and marine environment for ecosystem functions and services in support of the 2030 Agenda for Sustainable Development Goals to conserve and sustainably use oceans, seas, and marine resources. It has the plan to implement Bali Declaration, 2018 and Manila Declaration, 2012 for the Protection of the Marine Environment from Land-based Activities which identified nutrient, wastewater and marine litter as priority source categories of marine pollution.
Indian Position on Prevention of Marine Pollution
There is no specific regional convention for South Asian Seas among India, Bangladesh, Pakistan, Sri Lanka, Maldives. The UNCLOS is the only primary legal instrument for guidance. But India ratified various marine safety conventions and has amended the Merchant Shipping Act, 1958 several times to develop and maintain Indian shipping law in the line of international mercantile marine law and Part XB deals with ‘Civil liability for oil pollution damage’.The Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 under section 15(2)(e) has vested the power to the Central Government to make rules preservation and protection of the marine environment and prevention and control of marine pollution for the purposes of this Act.The Coastal Regulation Zone Notification, 2018 has also provision for prevention of coastal pollution.
Marine Pollution: Concerns for our Oceans
The United Nation estimates that 13 million tons of plastic are dumped in the sea each year and that half of the plastic produced globally is for single-use items. According to a WWF Report, “if just 1% of the masks were disposed of incorrectly and dispersed in nature, this would result in as many as 10 million mask per month polluting the environment.” The Report further stipulates that “considering that the weight of each mask is about 4 grams, this would result in the dispersion of more than 40 thousand kilograms of plastic in nature.”
Does it mean the biodegradable plastic would act as the better solution? Many suggests that more than plastic solutions, there is a greater need for all waste to be disposed of properly. It is argued that the exposure of biodegradable plastic to different environments showed that “some items disappeared quickly, while you could still shop in some of these bags after four years in the sea. By the time they get to the sea, it’s too late.”
Ocean for time immemorial is the source of human prosperity and development through navigation, research, fishing and many others. Protection of oceanic resources and marine ecosystems are very necessary for human’s own survival. As the world is engulfed with unmindful response to COVID-19 pandemic, one could fairly assume that there will be ‘still talks’ and ‘no response’. Earths capacity to support human desires are limited and the talks of nature’s response are somewhat misdirected. For instance, for all the development in science and awareness formed against use of plastic, the COVID-19 pandemic experience only puts us back to square one. It yet again proved that we depend on plastic. Can world afford to move backwards? Present times have conveyed us that there is a greater need for collective efforts in order to bring sustainable alternatives. Yes, ‘together we can’, but, if we are serious and want to take thoughtful actions ‘it is now’!
*The author has written three books on environmental laws.
Let’s play the squid game: but we play for our planet this time
Squid game is a current Netflix’s trend series and no one can escape from its influence. The world has Squid game fever now and there are a lot of people who want to partake and experience being in these games. People are lining up to try the popular games in the show and the Squid game’s challenges are piling up in social media and YouTube. This show is climbing up to the first place and achieving global popularity.
In the Squid game, the people who have debts are trying hard in playing the children’s games to win the billion-prize money but the punishment is death. The struggle and the poverty are focused in this series. Besides, it highlights the greed of the people and how it can awaken the devil’s side of human beings. The friendships, sympathy and care can be destroyed easily because of the greed for surviving and money. Apparently, this show is giving a special taste to the audience by the direct approach about our society and socioeconomic conditions. Therefore, it is no wonder that this gains a lot of popularity and becomes Netflix’s most-watched series in history.
Since Squid game wave is striking hard, people are addicted to the show and their willingness to try out the games of this show are unstoppable. So, this time can these passionate audiences participate in the Squid game competition for the sake of our planet? Nowadays, the state of our planet is serious and encountering a plethora of threats; pollution of air and water, ozone layer depletion, climate change, rising sea levels, land degradation, deforestation, loss of biodiversity and so on.
Due to these environmental concerns, a lot of groups are rising up to spread awareness within the public. These socially conscious groups around the world try hard to inform how the single action of the people can impact the earth. Not only to protect the environment but also to reduce the existing environmental issues, the people from different backgrounds, societies and places have to work together. Although plenty of people are now concerned for their home planet and searching for the answer to solve these issues, educating the public to increase more awareness and attention still needs more room to develop.
To promote environmental awareness and actions to help our planet, the growth of the Squid game can play a perfect role. The unbeatable amount of Squid games addicted fans who are also concerned for the state of the planet can be used in encouraging the public more for the current issues of the earth. Let them play these trend games that they are dying to play and at the same time, the promotion for the actions to preserve the earth will be done.
Creating the competition which inspire Squid game series for our home planet
Type of games and the Rules
Just like in the Squid game series, in this competition, there will be traditional children’s games which were popular in the past. But this time, the games will be collected from various countries. Therefore, the contestants can experience various cultures, explore new things and as a consequence, they will feel connected to each other. Besides these traditional games, there will be games that can help to reduce the carbon footprints such as planting the trees as much as they can in the given time, creating innovative staffs by recycling or reusing the materials and so on. The prime rule for this competition is that the player cannot quit till the game ends and they will have to agree to take the punishment no matter what. And manipulation to each other is not allowed and all the players will be equally treated while in the games.
Host and sponsors
The international organizations such as WWF, IUCN, UNESCO, UN, ASEAN, ADB, etc can be the host in this game. Since these organizations are helping to identify the environmental problems and supporting the protection, they can be the best candidate to be a host in the competition. Along with them, the big corporations who are embracing sustainability can be the sponsors, in other words, they will take the role of VIPs just like in the Squid game series. As the businesses can make greater profits and create better images by considering the economy, social and environment in operating their businesses. Being the sponsors in this game will help them in implementing the better CSR programs and pursuing sustainability. This is one of the best ways to acquire the public’s attention, also loyal customers and as a result, their brand image and competitive advantage will also be improved.
Who will get the invitation for this game?
A group of socially conscious, young generations and also the people who want to experience the games can be the players in this competition. Most of the youths are worried about the future of the planet and they are concerned about the impacts of the environmental issues. They want to change their lifestyles to be more environmentally friendly compared to the older generations. Due to this competition, the adults can have a chance to remember their nostalgic childhood times and the young can experience these old games while they can make effective things for the planet.
The prize is one of the incentives to stimulate the people to play in this game. The bitter truth is one of the powerful incentives is money. A group of winners will get the money to invest in the environmental projects. Frankly, to protect our environment and planet, billion dollars is one of the requirements.
As the players are competing for the sake of the earth, the punishment will definitely not be death. But instead, the players who will get eliminated from the games will have to spend their times at the special place for several days. That special place is located in one of the biggest landfill sites. Losers of this competition have to work in that place and they will have to help in the disposal services.
To conclude, if this competition actually happens in the future, it will bring certain benefits for the environment, society and businesses. So, why do not we inspire this current most-watched series “Squid game” to spread awareness and encourage the people to save the planet, Earth. Let’s give a chance for the people to play in their favorite childhood’s games, be green and save our home.
Climate change and global challenges
The whole world has been severely affected by climate change and the Covid-19 epidemic. The natural character of the whole world has also changed due to the rise in global temperature. Given the current situation, all the people of the world are in a state of panic about the horrors of the coronavirus. The world has been devastated by hundreds of disasters since the 1960s. More than 50 million people have become destitute. Many people have died. And most of the disasters are accompanied by constant climate change.
In 2020, 4 crore people became homeless due to deteriorating weather and climate change. At the same time, the adverse effects of the weather are becoming more extreme due to climate change from this year. This year it will break the record and stand at 5 crore. Many people have to leave their country. This number is double the current refugee population in the world. Not just any particular country or people, people all over the world are facing the harmful effects of climate change. Especially in the last 20 years, this effect has spread from Asia, Europe, Africa to the Americas.
Increasing use of fossil fuels is warming the weather, forcing more people to flee their homes due to unexpected floods or storms. Besides, factors like crop damage and drought are also making this trend more evident. Politicians in rich countries are fearful of increasing pressure on their country’s infrastructure due to the influx of environmental refugees from other countries.
Carbon emissions play the biggest role in climate change. Low-income countries are also deprived of 100 billion a year in promised compensation for carbon emissions. Asia has the highest number of people displaced due to environmental reasons. In countries such as China, India, Bangladesh, Vietnam, the Philippines and Indonesia, millions of people live in low-lying coastal areas or in delta-adjacent areas. More and more people are at risk of flooding due to population growth and urbanization, and the rapid rise in sea level is being added to this.
People have already witnessed extreme weather, drought or heavy rains, cyclones. That is to say, the destructive form of climate and nature is gradually becoming manifest. Mankind is being blamed for this hostile behavior of nature. People are taking care of nature in many ways. Rivers are being occupied and the mountains are being cut indiscriminately. Houses are being built on agricultural land. In this way, oppression on nature is going on in various ways, due to which nature is becoming hostile. We are ruining all our own achievements. As a result, there has been severe inflammation.
The world’s population is constantly growing. There is no end to the discussion and criticism about population growth. It is time to take stock of what new steps can be taken or how human suffering can be reduced. With the increase in population, new problems have been added. It may seem unbelievable but it is true that every day around 25,000 people in the world die due to eating habits and malnutrition. In addition, the world is facing many adverse reactions including shortage of potable water, air toxicity, depletion of resources, housing problems and the destruction of the Ozone layer.
At the root of this is population growth. The temperature in the capital Dhaka has risen due to rapid population growth. A study has identified 25 high-risk areas in Dhaka as a result of rising temperatures. These areas have been named ‘Hit Island’. The performance of the people of this area is decreasing day by day with the increase of various diseases.
Assistance is needed to increase the capacity of CVF countries to deal with the dual threat of epidemics and disasters, especially those affected by the increased frequency of climate-related disasters. Climate-risk countries contribute the least to global greenhouse gas emissions, but they suffer the most. 2021 is a very important year for climate issues as the United States returns to the Paris Agreement. The COP-26 conference on climate change in Scotland next November is expected to yield some good results on climate change. The main goal of COP-26 is to address the impact of climate change and to educate the world about its harmful effects. Bangladesh has also participated in this climate change prevention project.
In ancient times there was a close relationship between man and nature. Ever since man came in contact with civilization, he has learned to strike at nature. Over time, man began to wreak havoc on nature. The problem of environmental pollution is increasing day by day. The trees were not spared from the victims of cruelty. As a result, fear is constantly concentrated in our habitable world. We look for different ways to get rid of it. But if we let nature be like that, we would not have to suffer this consequence in our lifetime.
Blinded by the fascination of speed, people have cut down the forest and set up houses, sometimes they have driven away the animals there. In recent times, mountains are being cut down and forests are being cleared somewhere. Deforestation is endangering the lives of many people. Even though the seasons are changing, these incidents add to our anxiety. But trees can be very resistant to prevent global warming. If the environment does not survive, the problems of the world will intensify. Animals, human beings will face loss of everything. The main reason is the indifference of the people.
A closer look reveals that this apathy has a significant effect on the depraved market economy. Rivers, hills, soils, forests are all instruments of income growth in the eyes of that market. In order to earn income from these sources, natural resources are being destroyed, centuries-old trees are losing their lives or the source of the boundless beauty of nature is being endangered. In the past, there was a connection between man and nature, which is why in many places forests have survived because those who grew up in contact with plants can realize the contact with nature by finding ways to do the necessary work without harming the plants.
Climate change is responsible for recent disasters. We have to fight hard to save the world from increasing global warming. World leaders must take strong action, including global initiatives, to leave a sustainable future for the next generation. The international community has a special responsibility to assist countries at risk of climate change in their adaptation and mitigation efforts.
It’s not fair to single out the five countries in the Greta Thunberg UN children-climate case
The Greta Thunberg UN case decision just came out today. You might remember that back in 2019, Greta and other children brought a headline case before the UN to prove that climate change affects children’s rights, and it’s a hard issue of law and rights — something that has been long resisted in the area of human rights law when it comes to the environment. The environment has always been one of those peripheral issues for human rights law and that’s why today’s decision is groundbreaking. In a historic ruling that came out today, the UN Child Rights Committee has found that a State party can be held responsible for the negative impact of its carbon emissions on the rights of children both within and outside its territory.
The countries that are bearing the international public slap in the face in this case, however, (Argentina, Brazil, France, Germany, and Turkey) are not the biggest emitters and polluters. They were selected as a target of the case not for the worst climate impacts, but simply because they have ratified the additional Protocol of the UN Child Rights Convention, so a case against them can be brought; the biggest emitters haven’t. So it’s a bit like a “catch whoever you can”, and that should be born in mind in the discussion.
The countries in the UN Greta case are the classical international law countries (Europe and Latin America) who have agreed that their human rights practices can be reviewed and challenged. The biggest carbon emitters, on the other hand, haven’t agreed to accept cases.The US hasn’t even ratified the Child Rights Convention, as the only country in the world, let alone the Additional Protocol for direct cases.
The case is very important as a test case and one which develops the nexus between human rights law and climate. It develops the principles of the reasoning and the legal parameters — that’s the take-away. We should remember that the five singled out countries are not the bad guys when it comes to climate change.
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