Public shipping - marine pollution and aspects of marine environment Essay

Public shipping - marine pollution and aspects of marine environment cases - Essay Example It is observed that disputes that arise in territorial waters have seen the port states exercise their special rights on territorial waters and claim to do so for the safety and security in their national interests. Marine environment and pollution is a concern for those holding rights over the territorial waters as well as on high seas, particularly in territorial waters due to its utilization for various activities like fishing, sea-bed activities, etc. The subject of Marine environment and pollution encompasses marine environmental activities and related principles, jurisdiction of port states over ships moving in the territorial region, and other sea-bed activities by the port state. In the particular cases of Corfu Channel and Anglo-Norwegian Fisheries conflict, marine pollution and environmental issues have been raised in the political, economic and historical contexts. It also seen that the port states have a rather diligent advantage over the claimant states in both the cases wherein in Corfu Channel case, the court put the responsibility of proof on the British government which is the claimant (Kazazi, 1995, p 86), while in the case of Anglo-Norwegian Fisheries case, the courts ruled that Norwegian government has the right to exercise its sovereignty on its territorial waters keeping in view the geo-socio custom of the Norwegians in depending on sea waters for fishing as an occupation by a majority (Wise, 1984, p 70). The Corfu Channel case- In 1946, two United Kingdom's ships have been damaged with loss of life of over 40 naval staff in the ships in the territorial waters of Albania. It is alleged by the United Kingdom that Albania has violated International law and had planted or was aware of the presence of mines in its territorial waters which caused loss of life and damage to two of its ships Soumarage and Volage when they struck mines lying under the sea. Earlier in 1944 and 1945 when the British seamen along with a team of international bodies swept the territorial waters of Albania, they had acted according to the law and had promptly informed and taken safety measures to keep the ships away during the minesweeping operations. However, on 15th May 1946 and again on 22nd October 1946, the British ships were shot at by the Norwegian authorities as a defensive attack alleging that the British ships were violating their orders and regulations in the international law to inform the port of their entry. In the second attack, in October, two of the ships that were sent by the British government after informing the Norwegian government of mine sweeping operations with the permission of the International Court of Justice (ICJ), were attacked and they stuck mines that lay under the sea resulting in loss of life and damage to the ships. The British government claimed that the Albanian government deliberately laid mines in the sea to disrupt the innocent passage rights of other nations. Also, since it had sent the two ships for mine sweeping operations, it alleged that Albania had violated the regulations in International law. It cites the articles 3 and 4 of the 8th convention of Hague of 1997 noting that Albania had violated the International law and failed to inform the other nations of the impending dangers due to the mines present in the territoria