2.3.2 Pollution of the Seas

The UNCLOS (United Nations Convention on the Law of the Sea), adopted in 1982, confirmes the injury ban and provides (Art. 194 para. UNCLOS) the principles of cooperation and priority of the developing states (Art. 192 ff.). Furthermore, it contains general provisions, which support the prevention of pollution of the marine environment from land and from the sea used to protect the living marine resources (Art. 204 ff.). More specific provisions can be found in the London Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972; it has been recasted entirely, and the International Convention for the Prevention of Pollution from Ships (MARPOL), 1973, as amended by the Prototocol of 1978. The latter is mainly due to the flag state principle. That means, breachings of the provisions of MARPOL are punishable by the law of the country whose flag the ship use or under whose authority it drives, regardless of where the offense is committed (Art. 3 and 4 MARPOL). Under the London Dumping Convention, it is essential, in which state a vessel is registered or whose flag it uses, in which state it invites dumping substances or finally which jurisdiction it is subject (Art. VII London Agreement). Specifically, in terms of oil spills to call is also the still not entered into force International Convention on Preparedness, Response and Cooperation in the Field of Oil Pollution, November 30, 1990 (ILM, vol. 30, 1991, 733) and the International Convention on Civil Liability for Oil Pollution Damage of 1992.