Lloyd's Maritime and Commercial Law Quarterly
Is it time to reconsider sails?
Kathleen Goddard *
Introduction
Pollution from ships, particularly oil pollution, has long been a major source of concern. Much has been done to address the problems of oil pollution, both in relation to the prevention of such occurrences1 and also providing compensation for damage from oil spills and clean-up costs when oil pollution occurs.2 Incidents involving oil pollution and chemical pollution are normally easily identifiable and generally have obvious environmental effects. However, there is a form of pollution from ships which is less easily identified, but which has harmful effects both in relation to people and the environment, namely air pollution.
In the current climate of concern about health, protection of the environment and global warming, the problem of air pollution from ships is an issue which needs to be adequately addressed. In an article in The Sunday Times in April 2009, Jonathan Leake, the
* Lecturer in Maritime and Commercial Law, University of Plymouth.
1. For example Part XII of the United Nations Convention on the Law of the Sea 1982 (UNCLOS); the International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78). Annexes to the Convention also cover noxious liquid substances in bulk, harmful substances in packaged form, sewerage, garbage and air pollution; the International Convention for the Safety of Life at Sea 1974 (SOLAS), together with the 1978 Protocol, including the mandatory ISM Code under Chapter IX; the Intervention Convention 1969, as amended by the 1973, 1991, and 1996 Protocols; the International Convention on Oil Pollution Preparedness, Response and Co-operation 1990. Mandaraka-Sheppard, A, Modern Maritime Law and Risk Management, 2nd edn, Routledge Cavendish, London and New York, 2007, pp 947–951
2. The International Convention on Civil Liability for Oil Pollution 1969; 1992 Civil Liability Convention; 1992 Fund Convention; the Bunker Oil Pollution Damage Convention 2001.
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