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The sea around us our rights and obligations

Although we are surrounded nation by the sea, we have never come to realise that we have rights and duties to perform, by our people as well as others who come to use its waters.

A celebrated Ambassador of Malta, Prof. Arvid Pardo made a remark in the UN General Assembly "asked the nations of the world to consider the danger of the conflict between the nuclear superpowers that could devastate the oceans, the lifeline of man's very survival.

He ended his speech with a call for 'an effective international regime over the seabed and the ocean floor beyond national jurisdiction. It is the only alternative by which we can hope to avoid the escalating tension that will be inevitable if the present situation is allowed to continue. "Prof. Pardo's clarion call set in motion a process that spanned 15 years and saw the creation of the United Nations Seabed Committee, the signing of a treaty banning nuclear weapons on the seabed, the adoption of the declaration by the General Assembly that all resources of the seabed beyond the limits of national jurisdiction are the common heritage of mankind,the convening of the Stockholm Conference on Human Environment.

What started as an exercise to regulate the seabed turned into a global diplomatic effort culminating in the convening of the Third United Nations Conference on the Law of the Sea to regulate and write rules for all ocean areas, all uses of the seas and all of its resources - a constitution for the oceans." (From statement by the UN Ocean Affairs made at a recent seminar in Colombo). Of the provisions made in the convention (UNCLOS III), two concepts are very significance to Sri Lanka - that of the Exclusive Economic Zone (EEZ) and the Continental shelf.

The EEZ concept has given exclusive jurisdiction to Coastal states, like Sri Lanka, of 200 nautical miles from the baseline of the coast. It precludes all other states from engaging in any economic activity, with our permission, such as fishing and petroleum exploitation. In fact it gives Sri Lanka the exclusive right to exploit, develop, manage and conserve all resources - fish or oil, gas or gravel, nodules or sulphur to be found in the waters either on the ocean floor or in the subsoil of the area extending to 200 nautical miles from its shore.

Similarly, the provisions of the Continental Shelf has given Sri Lanka a much wider area than the 200 mile area that the area measured from the permitted outer edge of the platform under the adjacent sea gives an area of 1760 nautical miles from the coastline in the South of Sri Lanka to come under the jurisdiction of our state, according to Article 76 and Article 3 of Annex II of the Convention. A team of experts sponsored by the Foreign Ministry is studying the demarcation for submission to the UN for approval.

It is a clear indication that UNCLOS III had acknowledged the need to grant jurisdiction to the coastal states to a large part of the oceans as a solution to the economic and political demands that the coastal states demanded for the sake of equity.

In the same breath, the Convention has taken cognisance of the fact that when large areas of the ocean which has hitherto been claimed as the High Sea, which the distant water fishing states claimed should be left untouched, had been brought under the jurisdiction of coastal states, the rights conferred consequently gives birth to obligations that must ensure an equitable use of the resources of the oceans, not only in fairness to mankind as a whole but as legal base for the pacific settlement of any dispute in the future that may arise between two parties in attempting to exercise the rights conferred to them by the Convention.

The Dynamism of UNCLOS III is therefore found in the implementation of the legal structure within these rights and obligations and avoiding the traditional and new disputes areas so that the oceans Ill remain a pacific area for the future of mankind.

Realising this aspect the United Nations Conference on Environment and Development held in Rio, declared in Chapter 17 of its Agenda 21 on the protection of the oceans thus:

"International law, as reflected in the provisions of the United Nations Convention on the Law of the sea referred to this Chapter of Agenda 21, sets forth rights and obligations of states and provides the international basis upon which to pursue the protection and sustainable development of marine and coastal environment and its resources. This requires new approaches to marine and coastal management and development at its national, sub-regional and global levels, approaches that are integrated in content and are precautionary and anticipatory in ambit.

UNCLOS III and the coastal state

Article 7 of the Convention confers upon the Coastal State the right to establish jurisdiction over the territorial sea delimited on the prescribed legal basis by the convention.

It is a right as well as an obligation to follow the prescriptions of the Convention. Coastal states that follow the dictates of the convention will ostensibly avoid disputes with neighbouring as well as other states who may use the territorial sea for navigation.

Article 17 gives all states the right of innocent passage and an obligation to the coastal state not to disturb unless passage can be identified as being prejudicial to the coastal state within the prohibited activities as stated in Article 18 (2). This trend could be seen throughout the Convention where coastal states have been given rights of jurisdiction leading to obligations to be observed by all states.

Coastal state and fisheries

One of the most important problems in the oceans that has been settled almost, is the fisheries question; and the coastal state has been clearly conferred sovereignty to coastal state over the enlarged territorial sea, the contiguous zone, the continental shelf area and the exclusive economic zone. Consequently one of the vital functions conferred on the coastal state is exploitation and conservation of the natural resources.

Articles 69 and 70 confer an overriding obligation on the coastal state in respect of recognition of the equitable rights of land-locked states and geographically disadvantaged states. This obligation while being vital in international law is subject to article 62 (3), which provides certain obligatory parameters that coastal state has to follow.

It says "the coastal state shall take into account all factors" and specify three of such factors as (a) the significance of the living resources to the economy of the coastal state, (b) requirements of developing states and (c) states whose national have habitually fished in the zone.

The significance of these and related provisions regarding fisheries and the Court Cases that influenced UNCLOS 111 is discussed in detail in the Chapter of Fisheries subsequently.

It is relevant to mention here that there are groups of articles in the convention, which create legal rights and obligations on coastal states.

Group A:

Article 64 (1) - Highly migratory species - the need to formulate and elaborate international rules that must be followed by states.

Article 197 - Promotion of the development and transfer of marine science technology must be attempted by global and regional rules.

Group B:

Article 61 (2) - Coastal states shall co-operate with international, regional or sub-regional organisations to ensure proper conservation with the best scientific evidence available.

Article 243 - All states shall co-operate to create favourable conditions for marine scientific research.

Article 207 - States shall endeavour to harmonise their policies at appropriate regional level to prevent, reduce and control land-based pollution sources.

Article 213 - States shall enforce their laws and regulations and take other measures to prevent, reduce and control pollution of the marine environment.

Article 214 - States shall enforce their laws and regulations similarly in the continental shelf.

Article 208 - Similar provisions for seabed activity.

Article 210 - Similar provisions to prevent dumping.

Article 211 - Action by co-operation to prevent vessel source pollution.

Group C:

Article 22 - Coastal states given the right to designate sea-lanes for specific type of traffic.

Article 60 (3) - Coastal states given jurisdiction to decide and remove artificial installations, with due regard to the protection of the marine environment.

Action by coastal states under these articles and similar provisions in the Convention must take into account "generally accepted international standards". Coastal states are encouraged adopt one's own rules and regulations but in doing so, they are advised to follow generally accepted international standards, to ensure better harmonisation.

Group D:

Coastal states cannot exercise sovereign rights or jurisdiction in certain cases unless the competent international organisations take parallel action.

Article 60 (5) - "The breadth of safety zones shall be determined by the coastal state, taking into account applicable international standards".

Article 211 (1) - "States acting through the competent international organisations or general diplomatic conferences shall establish international rules and standards to prevent, reduce and control pollution of the marine environment from vessels..."

Article 211 (6) - Similar provisions apply where exceptional steps have to be taken.

Article 41 (4) - "Before designating or subsisting sea-lanes or prescribing or subsisting traffic separation schemes, states bordering straits shall refer proposals to the competent international organisation..."

It is clear from the above that the Convention has recognised the significance of international organisations in ensuring uniformity and harmonisation of effort in fisheries, marine pollution control and scientific research as coastal states may adopt different rules that may confuse the other states leading to unnecessary disputes.

Therefore the jurisdiction of coastal states has become intertwined with the role of international organisations. This is clearly seen in the recommendations of the convention for bilateral and multilateral agreements with sub-regional or regional programs suggested.

Air pollution

Clean air, an essential component of a healthy environment, is a mixture of many gases. Predominantly two gases: Nitrogen, which makes up 78 percent of the volume of clean dry air and Oxygen, which makes up 21 percent. An intert element Argon, accounts for almost one per cent of clean dry air, and the remainder includes very small or trace concentrations of Carbon dioxide. Methane, Hydrogen, Helium, Ozone and other gases.

Water vapour is also a significant component in the earth's atmosphere, ranging from 0.01 to 4 per cent by volume. Its concentration in air varies daily and seasonally, as well as geographically.

How do you know if air is polluted?

Air is considered to be polluted when it contains certain substances in concentrations high enough and for duration long enough to cause harm or undesirable effects. These include adverse effects on human health, property and atmospheric visibility. The atmosphere is susceptible to pollution from natural sources such as volcanic eruptions and forest fires, as well as from human activities. Nevertheless pollution only caused by human activities, such as transportation (which is the main cause in Sri Lanka) and industry is subject to mitigation and control.

How does air get polluted?

Most air contaminants originate from combustion processes. In the middle ages the burning of coal for fuel caused recurrent air pollution problems in large European cities and particularly in London. Beginning in the 19th century., in the wake of the Industrial Revolution, increasing use of fossil fuels intensified the severity and frequency of air pollution episodes. The advent of mobile sources of air pollution (i.e. gasoline-powerd vehicles) has a tremendous impact on air quality problems in cities of Sri Lanka and mainly in Colombo.

How one could prevent air pollution?

The focus of air pollution regulation in Sri Lanka was initially on protecting ambient or outdoor air quality. This involved the control of a small number of specific criteria pollutants known to contribute to urban smog and chronic public health problems. The hazardous effects of trace amounts of many other air pollutants are now recognised. Also the long-term and far-reaching effects of certain substances on Atmospheric Chemistry and climate were also observed at that time and co-operative international efforts were begun to mitigate their global facts.

Types, sources and health effects of air pollutants.

There are six criteria pollutants. They include fine particulate. Carbon monoxide, Sulphur dioxide, Nitrogen dioxide, Ozone and Lead. Except for lead, criteria pollutants are emitted mainly by industries at very high rates, measured in millions of tons per year.

All except Ozone are discharged directly into the atmosphere from a wide variety of sources. They are regulated primarily by establishing, Ambient Air Quality Standards, which are maximum acceptable concentrations of each criteria pollutant in the atmosphere, regardless of their origin.

Hazardous air pollutants are emitted in smaller amounts than the criteria pollutants, usually from specific industrial activities.

They should be regulated by Emission Standards, which are maximum allowable level at which each air pollutant can be discharged from a particular source. Although the total emissions and the number of sources of these pollutants are small compared with those for criteria pollutants, hazardous air pollutants can pose an immediate health risk to exposed individuals and can cause other environmental problems.

Trends of air pollution in Colombo

With the industrialisation and urbanisation, "Air Pollution" has become an important issue especially in urban cities. Colombo may be the most vulnerable city in Sri Lanka, being the commercial capital. It is estimated that there is a significant increase of about 10% per annum in sectors such as transport, power and energy and industry at national level. However, this increase may be higher in Colombo due to the availability of infrastructure facilities.

In air pollution, oxides of Nitrogen (NO), oxides of Sulfur (SOx), Carbon monoxide (CO), Hydrocarbons including aromatic, toxic metals, and Particulate Matter (PM) are considered as major air pollutants. These compounds can react in the atmosphere to form a range of undesired secondary pollutants such as Ozone (O3), Nitric acid HNO3), Sulphuric acid (H2SO4), secondary particulate; Peroxy nitrates etc.

To identify this potential threat of air pollution in Colombo, the National Building Research Organisation (NBRO) jointly with the Central Environmental Authority (CEA) initiated Continuous Air Quality Monitoring Program (CAMP), with the financial assistance from the World Bank funded Colombo Urban Transport Project (CUTP) and the Government of Sri Lanka through "Clean Clean Air 2000" program of the Ministry of Transport, Environment and Women Affairs. This program was started in December 1996 and continued till April 2001 managed by the Environmental Division of NBRO. In this program, two identifical automated Air quality Monitoring Laboratory units were installed, one in front of Fort Railway Station, as the maximum emission impact site representing emissions from different transport modes such as public private, land, rail see etc.

The other unit was installed at the Meteorological Department Bauddhaloka Mawatha, Colombo 7 as the background/neighbourhood site representing administration and residential area in Colombo. Each laboratory unit monitors ambient NO2, NO, NOPx, CO, SO, O2, PM 10 and meteorological parameters such as winds speed, vertical wind speed, solar radiation, ambient temperature and rain fall continuously.

This continuous monitoring results clearly indicate the threat of air pollution in Colombo in the future (Fig. 1 & 2). This study indicates the Transport sector as the Major Source of in Colombo, and the Level of on polution in very much signification during the North East MonSoon In December 2000 it was reported that the ambient SO2 levels at Fort Colombo exceeded the ambient standard stipulated by the Central Environmental Authority for 40 hrs.

This study also revealed that the ambient particulate has become a serious threat to the Colombo atmosphere. A joint study between the NBRO and Atomic Energy Authority of Sri Lanka shows that more than 60% of the Total Suspended Particulate is PM 10, the size less than 10 micro meter diameter and out of which more than 50% is PM 2.5 micro meter a situation considered to be dangerous to the human health.

According to clinical data respiratory diseases in Colombo are widespread and growing in number.

Clean Air 2000 Action Plan (CA2AP)

Clean Air 2000 Action Plan was prepared by Metropolitan Environmental Improvement Programme (MEIP) in July 1992 and it was subsequently approved by the National Environmental Steering Committee (NESC) under the chairmanship of then the Secretary, Ministry of Policy Planning & Implementations in October 1992. The NESC also appointed an Implementation Committee comprising of representatives from the Government agencies to monitor the progress of the action plan. The first CA2AP Implementation Committee was held in March 1993, under the chairmanship of the then Secretary, Ministry of Environment and Parliamentary Affairs.

Since then 49 meetings were held to monitor the progress of the CA2AP issues. The implementation committee has identified certain issues for short term as well as long term implementation. Later, the implementation committee has identified that there is a difficulty in implementing most of the issues by the respective implementing agencies due to lack of funds.

The committee has been meeting for about 7 years. The committee unfortunately rather than taking hard decisions, mostly considered issued arising from the previous meetings and had lost sight of the spirit and intent of the original document. To date, there have been 49 meetings held but only a fraction (i.e. about 10 of the 50 actions have been implemented fully or partly).

Recently, the committee has diverted its intention completely to the vehicle emission control as the vehicle emissions contribute more than 70% to the city air pollution. The reduction of vehicular emissions, creations of awareness on vehicular emission reduction and the introduction of unleaded petrol are in the priority list.

A National Policy on Air Quality Management has been accepted by the Cabinet Ministers in March, 2000 in order to maintain good air quality to reduce morbidity due to air pollution and in turn reduce national health expenditures had to increase the income from industries and tourism.

At the last committee meeting, it was decided to review the CA2AP for the next five years giving more attention to the above prioritised issues.

One of the tasks of the Air Resource Management centre would be to review the CA2AP for the next five years and to complete the task on time with the help of the relevant organisations.

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