The land-based pollution protocol to the Barcelona convention and its legal implications

Abstract

In this thesis I have tried to analyze the LBS Protocol and the obligations imposed by it on signatory parties. This Protocol was created to afford protection to the Mediterranean Sea from land-based pollution. Land-based pollution fonns up to 80% of the total marine pollution and thus the need for protection of our sea is well understood, especially since it is a semi-enclosed sea. The 1960's and 70's saw the birth of widespread public awareness of the pollution problem and the need to start doing something about it. However, since land-based marine pollution and its long-term effects were not as obvious as the pollution caused by oil spills from tankers, it did not come into the limelight until much later. In this thesis, a short historical account of the legal material generated over the years for the protection of the marine environment from various types of pollutants, introduces the reader to the subject, and with the help of some background information regarding the sources of international environmental law, which is one of the most recent, but a definitely recognized area of international law, sets the scene for the following chapters. Land-based pollution is caused by the discharge of various wastes into the marine environment either directly through man-made outfalls, or indirectly by rivers, atmospheric fallout and run-offs. The serious threat posed by this type of pollution is evident in the first chapter, which briefly examines the chief sources of land-based pollution. Identifying and admitting this threat makes one appreciate more the scope of the LBS Protocol to the Barcelona Convention and similar instruments. The LBS Protocol itself is examined article by article and thus its scope, application and requirements are assessed. Although it has been ratified by all Mediterranean littoral states and the European Union, it does not provide a timetable for its implementation. Therefore, the political commitment of the parties plays a crucial role in this scenario, as does the economic development and also the priorities of the states concerned. The last chapter examines the states' legal and infrastructural efforts at implementing the LBS Protocol, as reported by the individual states themselves. This gives the reader an idea as to the impact of the Protocol and the advantage gained by the Mediterranean through the legal framework of the Mediterranean Action Plan which is supported by continuous scientific and technological reports. In conclusion, principles and measures that should be included in national legislation designed to implement the LBS Protocol provisions are set out, as well as further international developments on regulation of land-based sources of pollution since the 1980 LBS Protocol.