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Posted: January 26th, 2023
Impacts of maritime law on protecting the marine environment in the territorial seas of India.
Maritime law plays a significant role in protecting the marine environment in the territorial seas of India. The territorial seas are a belt of coastal waters extending from the low-water mark to a distance of 12 nautical miles from the coast.
One of the primary ways in which maritime law protects the marine environment in the territorial seas of India is through the regulation of shipping activities. This includes the prevention of pollution from ships and the regulation of vessel traffic in order to minimize the risk of accidents and spills.
The International Convention for the Prevention of Pollution from Ships (MARPOL) is a key instrument in this regard. It sets out a number of measures to prevent pollution from ships, including the prohibition of the discharge of oil and oily mixtures, noxious liquid substances, and harmful substances in packaged form.
India is a party to MARPOL, and the country’s maritime laws reflect these provisions. The Merchant Shipping Act of 1958, for example, contains provisions to prevent pollution from ships and to punish those who engage in such activities.
Another important aspect of maritime law in protecting the marine environment in the territorial seas of India is the regulation of offshore activities such as oil and gas exploration and production. These activities can have significant impacts on the marine environment, including the risk of spills and the release of pollutants.
To mitigate these risks, offshore activities in the territorial seas of India are regulated by the Oil Fields (Regulation and Development) Act of 1948, which sets out the framework for the exploration and production of oil and gas in the country. The Act also establishes a system of environmental safeguards and requires companies to develop contingency plans in case of spills or other emergencies.
In addition to these specific laws, the general principles of maritime law, such as the principle of “polluter pays,” also play a role in protecting the marine environment in the territorial seas of India. This principle holds that those who cause pollution or damage to the environment should be held responsible for the costs of remediation and compensation.
Maritime law plays a crucial role in protecting the marine environment in the territorial seas of India. It does so through the regulation of shipping activities and offshore activities, as well as the application of general principles such as the principle of “polluter pays.” These measures help to ensure that the marine environment is protected for the benefit of current and future generations.
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