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Please cite this article in press as Ksenia Borisovna Valiullina ., The Principle of Protection and Preservation of
Marine Environment, As the Basis for Ensuring the Protection of the Oceans from Pollution, Indo Am. J. P. Sci,
2017; 4(10).
internal affairs of another state; the principle of the rapid growth in the degradation of marine
respect for state sovereignty; the principle of peaceful environment, both as a result of land activities, and as
settlement of international disputes and some others. a result of pollution from ships, discharges and
disposal of oil and other harmful and dangerous
Meanwhile, it is necessary to single out a number of wastes: chemical, biological, radioactive. In this
branch principles, inherent directly to the connection, the UNGA adopted a resolution, calling
international maritime law, since they rightfully own on states, which are not the parties to the 1982 United
the establishment of basic forms of state behavior in Nations Convention on the Law of the Sea, to accede
order to ensure the rational use and protection of the to it, and to coordinate regional legislation with its
World Ocean. These include: the principle of provisions [13]. To date, the Convention has been
freedom of the high seas; the principle of protection ratified by virtually all developed countries, except
and preservation of marine environment; the principle the United States. As the largest naval power, the
of peaceful use of the World Ocean; the principle of United States not only refused to sign the
non-admission of radioactive contamination of the Convention, but also refused to join a number of
surrounding, including the marine environment, and international treaties, relating to the protection of the
some others. world's oceans and seas. A quarter of the states-
parties to the Convention act in a similar manner, that
Having analyzed all the above principles, it can be significantly changes the regime, established by it.
concluded, that all of them are aimed at protection of
the World Ocean, in order to preserve it for the Despite the fact that more than thirty years have
benefit of present and future generations. One of the passed since the adoption of the UN Convention on
key field principles is the principle of protection and the Law of the Sea in 1982, a number of issues
preservation of the marine environment. Thus, remain unresolved. Thus, there are still disputes,
chapter 17 of Agenda 21, adopted at the United regarding the interpretation of certain provisions of
Nations Conference on Environment and the articles. As a result, the most of the participating
Development in Rio de Janeiro in 1992, identifies the States either interpret a number of provisions in their
main activities of States in protection the oceans and own way or completely violate the basic convention
all kinds of seas, including enclosed and semi- provisions in their own interests. This is explained, in
enclosed seas, as well as coastal areas, rational use our opinion, by the opportunity to circumvent the
and development of their living resources [10]. It was existing legislation without violating its basic
noted, that States, carrying out activities on the high provisions. Such a possibility has arisen because
seas, as well as in coastal areas, should take into there are no clear definitions and prohibitions on the
account the interests of other States and take all implementation of activities in the World Ocean in a
possible measures to preserve and to maintain the number of articles, there is no decipherment of
waters and resources of the World Ocean under certain terms and concepts. Specialized institutions,
control. These provisions are also enshrined in the provided for by the Convention for the settlement of
1982 United Nations Convention on the Law of the disputes and conflicts, such as the International Court
Sea, binding states-parties to cooperate on a of Justice, the International Tribunal for the Law of
worldwide and regional basis in the development the Sea and Arbitration, only in rare cases carry out
(independently or with the assistance of international control over the implementation of conventional
organizations) of the relevant Convention norms, norms.
standards and procedures for the protection of the
marine environment from pollution from all sources Regime, formed by both the 1982 Convention and
[11]. Part XII of the Convention "Protection and other international instruments on the issues of
preservation of marine environment" establishes the protection and preservation of marine environment, is
principles of states cooperation in the matter of mostly fragmentary. Due to this, the repeated
preclusion and, above all, prevention of marine violations of the conventions and the practice of their
environment pollution, thereby creating a legal basis broad interpretation are occurred. Many concepts,
for ensuring coordinated activities of states in which are extremely important for the correct
protecting the World Ocean from pollution [12]. interpretation of established norms are still missing,
such as: "the World Ocean", "marine environment",
Nevertheless, despite the efforts of individual states "environmental security", and there is still no clear
and international organizations, the deterioration in definition of what exactly is meant by the term
the condition of marine environment continues. In "significant harm" in relation to marine environment.
this regard, in 2001, at the 56th session of the UN
General Assembly, the concern was expressed over
It is assumed, that the main task of the States in the 2. The specific feature of marine
matter of protection of the World Ocean is not to environment pollution is the fact, that appearing on
protect it from pollution, not to eliminate the the territory of one state, it quickly spreads over vast
consequences, not to compensate the harm, but, first areas. Consequently, the countries, participating in
of all, to prevent the possibility of harming its waters international agreements, and first of all the 1982 UN
and resources. It is preventive actions that can stop Convention on the Law of the Sea, are interested in
the process of its further degradation. This is raising the level of information exchange on offshore
connected with the complexity of determining the activities, and in stimulating the development of
severity of damage, since it is possible to eliminate environmentally safe production in the process of
extremely visible consequences. For example, as a exploitation of the World Ocean waters and
result of the accident in the Gulf of Mexico, despite resources.
the active efforts of specialists in eliminating the 3. Regional cooperation is an important
consequences, more than 600 sea turtles, 100 element of the global process to protect the marine
dolphins, more than 600 seabirds were killed, in the environment from pollution. Covering only a certain
following years, the mortality of whales and dolphins group of participants, regional agreements,
increased 50 times. Oil seeped into the waters of nevertheless, help the states to make decisions, which
coastal reserves and bogs; influenced the process of will be relevant to them, taking into account the
reproduction of reef-building corals. In addition, the community of the territory and the attitude to this
average temperature of water in the Gulf of Mexico problem.
increased by 10 degrees, which, according to many 4. In order to ensure the protection of the
researchers, significantly influenced the lowering of world's oceans and seas from pollution, the main
temperature of the climate-forming underwater focus is made not on creating new international
current - the Gulf Stream [14]. standards, but on the qualitative implementation of
existing ones. Taking into account the duration of the
DEDUCTIONS process of adopting a new international agreement in
Marine environment, which unites all the seas and this area, its development is not appropriate. So,
oceans, as well as the coastal areas, represents a almost 10 years were required for the preparation of
single, indivisible whole, which in turn is an essential the text and the adoption of the 1982 United Nations
component of the global life-support system for our Convention on the Law of the Sea. Therefore, it is
planet, and acts as a determining factor for necessary to make some amendments to Part XII of
sustainable development. the Convention, concerning the protection and
preservation of marine environment, where all issues,
To successfully implement the principle of protection related to the protection of the World Ocean will be
and preservation of marine environment, it is considered taking into account the requirements of
necessary to increase the awareness of the entire modern society, the rapid growth of technological
world community about the importance of ensuring capabilities of developed countries.
the protection of the world's oceans and seas. It is 5. Rapid pollution of the World Ocean has
necessary to develop such methods of protection, revealed the need for rational use of its waters and
which will ensure the protection of marine resources. Nevertheless, most of the international
environment even before the pursuit of activities, that legal norms, governing these issues, are the most
could lead to its pollution, as well as to monitor the often of recommendatory nature. It seems necessary
compliance of this activity with existing legal norms. not only to consolidate in the international
1. The events of recent years clearly agreements the responsibility for the rational use of
evidence, that the World Ocean, providing the marine environment, which will be mandatory, but
growing needs of modern society, is rapidly losing its toughening of sanctions, which will follow the failure
ability to self-purification. In order to minimize to fulfill obligations.
damage, it seems necessary to move the world 6. Intensification of international shipping
community to the path of sustainable development, has led to the fact, that the World Ocean has almost
where environmental security will be implemented lost the ability to self-purification. Major accidents,
along with the economic and social spheres of which occurred in the last decades, clearly
activity. Only in the formation of such a model of demonstrate the increased pressure on the marine
behavior, where the impact on the environment will environment. Consequently, there is a growing need
be moderate, sparing, the process of pollution of the to increase the number of special services for timely
World Ocean, as the main component of the preventing possible emergencies, as well as to expand
biosphere of our planet, can be slowed down. the management system for emergency notification
and information on natural disasters and emergencies.
http://mortrans.info/chronicle-of-a-disaster/vzryv-na-
CONCLUSION: platforme-deepwater-horizon/
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