Maritime environmental crime

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Environmental maritime crime constitutes one of the key components of the broader domain of blue crime, and it describes and includes activities that detrimentally impact the marine environment. [1] Its effects have had extremely deleterious impacts on marine life, both in terms of affecting marine ecosystems and the life quality of coastal citizens, with damages that are often not reparable. [2]

Contents

Overview

Environmental maritime crimes include activities such as illegal and unregulated fishing, fuel dumping, the discharge of residues, garbage, and sewages. [1] These actions have had devastating effects on the marine environment, with for example the loss of biodiversity and the destruction of coral reefs. [3] It is a category of maritime security of key importance, as it endangers not only the ecosystem, but the millions of activities and lives that relate to it, with an estimated 40 million people being involved in the maritime domain. [4] Because of their ruinous effects on the environment, these crimes also weigh importantly on climate change, contributing to its quick advancements and future impact. [5]

Environmental maritime crimes are committed at sea with the intent of avoiding regulations and extra fees, meaning that criminals can have important financial gains by bypassing legal protocols. [2] As an example, dumping fuel instead of going through the designated legal processes can save companies from 80 to 220.000 dollars. [6] Contrary to popular belief, these harmful actions are often carried out by major corporate companies and organized groups, challenging the prevailing assumption that smaller actors are responsible for the majority of environmental crimes at sea. [7]

Maritime environmental crimes have the characteristics of affecting people across borders, which means that robust international cooperation and coordination are necessary to effectively address and mitigate their adverse effects. [8] These illicit activities often intertwine with a range of other unlawful practices, spanning from smuggling to tax evasion, extending their consequences beyond maritime boundaries into broader territorial realms. [7]

One of the most relevant challenges in addressing environmental maritime crime is identifying and apprehending the offender. [7] Even when perpetrators are brought to justice, the effectiveness of deterrent measures is often compromised by lenient penalties that prioritize financial compensation, in the form of fines, over preventing future violations. [9] This means that there is an urgent need for more rigorous regulatory frameworks and enforcement mechanisms to adequately suppress environmental wrongdoings.

Despite the relevance of the issue and the stakes it presents, there remains a significant gap in the monitoring and reporting of maritime environmental crimes by many countries, including several developed nations. [10] The lack of regular tracking and public reporting hampers efforts to combat these crimes effectively on a global scale, underscoring the need for increased collaboration and transparency among nations to protect marine ecosystems and biodiversity. [10]

Definitions

A universally institutionalized definition of environmental crime has not been established, and neither scholars nor International Organizations have so far been able to come up with a fully inclusive and widely accepted definition. [7] Despite this, it must be noted that consensus has been reached on a set of fundamental criteria and factors that define the criminal activities. These include violations of environmental regulations, meaning that the actions can be treated as offenses and prosecuted legally;  the involvement of major criminal enterprises is also of key importance, as well as the consequences of the actions, hence alterations of maritime wildlife, including both flora and fauna, and the impact of the adjacent contexts. [8] These factors provide a robust foundation for gaining a basic understanding of the term, and are extremely important for policy formulation.

Addressing maritime eco-crime: regulatory environment

Because of the nature of maritime environmental crimes, which go beyond borders and might lead to having the effects of an accident felt all over the globe, international actions aimed at restoring the damages, while also making sure that crimes are prosecuted and repetition is avoided, are necessary. Because of these reasons, the main International Organizations have all come up with initiatives.

European Union policies

The European Union has a key role in combating environmental maritime crimes, because it ranks as the first trading power in the world, [11] and much of the trade is conducted via sea, meaning that ocean health is crucial to the EU’s economic and social advancements. [12] The Organization is also composed by countries with the highest number of fleets globally, with Greece being first worldwide, and Norway and Denmark ranking high as well. [13]

One of the most relevant EU policies is the European Union Maritime Security Strategy (EUMSS), which first came into action in 2014, but has already undergone several revisions. [14] The 2023 and latest revisions aimed to target newly emerged threats and propose strategic plans for possible resolutions; [14] in the publication, climate change and marine pollution are identified as crucial evolving threats to maritime security. [15] According to council conclusions (14280/23 2023), these environmental challenges are important and enduring, including “biodiversity loss, depletion of fish stocks, coastal inundation, and the degradation of critical ecosystems such as coral reefs and mangroves”. [3]

Therefore, the EU has come up with a large number of policies and initiatives; some of the latest policies are directed to the protection of the marine flora and fauna from degradation and exploitation emerging as a central concern, which pushes Member States to take proactive measures and relief strategies on such issues. [16] Notably, the EU has introduced the "biodiversity strategy for 2030" as a cornerstone of the European Green Deal, which includes legally binding actions for Member States. [16] These actions encompass the establishment of protected areas covering at least 30% of the EU's sea surface, alongside a substantial annual funding allocation of 20 billion Euros. [16]

Additionally, efforts to address biodiversity loss include the "nature restoration law", mandating the implementation of recovery measures covering a minimum of a fifth of the EU's marine territories by 2030. [16] The EU assumes a central international role by monitoring Member States' progress towards the set objectives and actively participating in multilateral conventions, such as the 2022 United Nations Biodiversity Conference (COP15). [17] These engagements have contributed to the formulation of a post-2020 global framework aimed at guiding global actions to protect and restore natural resources by 2030 and beyond.

The centrality of maritime environmental security in the EU is also demonstrated by looking at their "climate neutrality by 2050" policy, which underlines the need to maintain clean bodies of water as a prerequisite for success. [18] The EU is also actively developing tools to support these efforts, including technologies for early warning and strategic foresight, as well as mechanisms for monitoring ocean elevation, degradation, keeping track of oil spills and attributing responsibility, such as the CleanSeaNet satellites. [19]

The centrality of maritime environment protection for the benefit of maritime security as a whole can also be discerned from further directives developed by the EU. [8] An example is the 2008 directive "on the protection of the environment through criminal law", [20] which ordered Member States to establish legal frameworks to prosecute maritime environmental offenses. [20] Subsequent amendments, such as in 2009, focused on the regulation of ship-source pollution levels and introducing penalties for violations. [8] A revolutionary vote was reached in February 2024, when the European Parliament voted to pass a policy that calls for establishing criminal charges for companies responsible for the extended destruction of biodiversity, with the executives being eligible for long periods of prison time. [21]

Moreover, the EU has recently implemented regulations that target the shipping industry set by organizations such as the UN though the MARPOL convention. [22] These regulations impose stricter penalties and open up the scope of punishable offenses to include illegal discharges of harmful substances, garbage and residues. [22] Through these various efforts, the EU is attempting to reinforce its commitment to safeguarding marine ecosystems and promoting sustainable maritime practices.

United Nations policies

The United Nations (UN) has been at the forefront of global efforts to combat maritime environmental crime, recognizing the critical importance of protecting and preserving the marine environment. Key initiatives stem from instruments such as the United Nations Convention on the Law of the Sea (UNCLOS) and the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78), developed in response to major incidents of ship-source pollution. [23] [24] MARPOL is responsible for the key legislation known as the Act to Prevent Pollution from Ships (APPS), which enforces the regulations outlined in MARPOL. [25] Under APPS, it is considered an offense to knowingly breach specific provisions of MARPOL, APPS itself, and other pertinent pollution statutes. [25] Additionally, the Organization took upon itself the responsibility to organize various conferences and events open to all Members to spread information about the issue at stake, with examples such as the UN Oceans Conference, held for the first time in 2017, and repeated in 2022, which mobilized action to address issues like IUU fishing, marine degradation, and water contamination. [4] The Organization also attempts to tackle the loss of marine flora and fauna, with meetings and conferences such as the 2022 United Nations Biodiversity Conference, which was successful in organizing planned actions and assigning budget for the tackling of the security threat. [26]

The UN is also responsible for setting up the International Maritime Organization (IMO), which is now considered the specialist organization that is responsible for maintaining good safety and quality standards at sea, for what concerns both commercial operations and green initiatives. [27] The IMO is an extremely important agency to mention when analyzing maritime environmental crime, as it not only implemented the MARPOL initiative, but it is also the actor that came up with other key conventions and agreements concerning legal frameworks on insurance and post-incident environmental reparations; [28] some of its key initiatives widely ratified by States are the "civil liability for pollution damage", firstly adopted in 1969 but then revised, which establishes standards for economic remuneration in the event of an accident that caused marine pollution, and the processes to follow in such an event. [29] Similarly, the International Convention on "Civil liability for Bunker Oil Pollution Damage" (BUNKER) assigns frameworks for setting up reparation in the event of an oil spill. [30]

Other international efforts

International initiatives for addressing maritime environmental crime that originate from outside of the main International Organizations have gained momentum in recent years, spurred by the efforts of various non-governmental organizations (NGOs) such as Global Fishing Watch and the International Tanker Owners Pollution Federation. These organizations play a crucial role in monitoring and reporting incidents of environmental violations at sea. [10] International efforts to combat maritime environmental crime have been further bolstered by initiatives such as INTERPOL's Operation 30 Days at Sea, first launched in 2018. [31] These operations focus on increasing the reviewing of ships with a specific emphasis on illegal pollution activities. [31] During the first 30 Days at Sea operation in 2018, agents from around the world detected over 500 crimes, primarily related to illegal oil and garbage disposal, leading to hundreds of investigations. [31] Additionally, environmental obligations stem from various international conventions and multilateral environmental agreements (MEAs) enacted since the Second World War. [32] Many of these agreements are in force within the territories of European Union Member States. Despite the richness of this body of international environmental protection principles, it often faces fragmentation and overlaps, highlighting the ongoing challenge of coordinating global efforts to safeguard marine ecosystems.

Criticisms

International policies on maritime environmental crimes have been criticized often, mostly because of the significant shortcomings in current approaches, especially within the European Union and the United Nations. Despite the numerous initiatives proposed by the EU, experts have pointed out the Organization's ineffectiveness in prosecuting unlawful behaviors that contribute to maritime environmental erosion. [7] This ineffectiveness grows from a lack of legal coherence, the judicial system being complex, failures to harmonize laws and establish a common definition of maritime eco-crimes and their respective penalties. [2] Critics underline the urgent need for internationally recognized definitions and appropriate prosecutions, to ensure adequate punishment for crimes with long-lasting environmental consequences. [8] Critics also highlight shortcomings in current regulations that govern ship pollution and fuel directives, in terms of low compliance by states and the non-binding nature of regulations. [33] They advocate for immediate action to integrate such measures into International Law, to ensure compliance and address these systemic flaws effectively.

Related Research Articles

<span class="mw-page-title-main">International Maritime Organization</span> Specialised agency of the United Nations

The International Maritime Organization is a specialised agency of the United Nations responsible for regulating maritime transport. The IMO was established following agreement at a UN conference held in Geneva in 1948 and the IMO came into existence ten years later, meeting for the first time on 17 March 1958. Headquartered in London, United Kingdom, the IMO, in 2024, has 176 Member States and three Associate Members.

<span class="mw-page-title-main">United Nations Convention on the Law of the Sea</span> International maritime law

The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international treaty that establishes a legal framework for all marine and maritime activities. As of October 2024, 169 states and the European Union are parties.

<span class="mw-page-title-main">MARPOL 73/78</span> International marine environmental convention

The International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978, or "MARPOL 73/78" is one of the most important international marine environmental conventions. It was developed by the International Maritime Organization with an objective to minimize pollution of the oceans and seas, including dumping, oil and air pollution.

<span class="mw-page-title-main">International waters</span> Water outside of national jurisdiction

The terms international waters or transboundary waters apply where any of the following types of bodies of water transcend international boundaries: oceans, large marine ecosystems, enclosed or semi-enclosed regional seas and estuaries, rivers, lakes, groundwater systems (aquifers), and wetlands.

<span class="mw-page-title-main">London Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter</span> 1972 multilateral environmental agreement

The Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972, commonly called the "London Convention" or "LC '72" and also abbreviated as Marine Dumping, is an agreement to control pollution of the sea by dumping and to encourage regional agreements supplementary to the convention. It covers the deliberate disposal at sea of wastes or other matter from vessels, aircraft, and platforms. It does not cover discharges from land-based sources such as pipes and outfalls, wastes generated incidental to normal operation of vessels, or placement of materials for purposes other than mere disposal, providing such disposal is not contrary to aims of the convention. It entered into force in 1975. As of September 2016, there were 89 Parties to the convention.

<span class="mw-page-title-main">International Maritime Dangerous Goods Code</span>

IMDG Code or International Maritime Dangerous Goods Code is accepted by MSC as an international guideline to the safe transportation or shipment of dangerous goods or hazardous materials by water on vessel. IMDG Code is intended to protect crew members and to prevent marine pollution in the safe transportation of hazardous materials by vessel.

<span class="mw-page-title-main">Illegal, unreported and unregulated fishing</span>

Illegal, unreported and unregulated fishing (IUU) is an issue around the world. Fishing industry observers believe IUU occurs in most fisheries, and accounts for up to 30% of total catches in some important fisheries.

<span class="mw-page-title-main">Environmental impact of shipping</span> Ocean pollution

The environmental impact of shipping include air pollution, water pollution, acoustic, and oil pollution. Ships are responsible for more than 18% of nitrogen oxides pollution, and 3% of greenhouse gas emissions.

Ocean governance is the conduct of the policy, actions and affairs regarding the world's oceans. Within governance, it incorporates the influence of non-state actors, i.e. stakeholders, NGOs and so forth, therefore the state is not the only acting power in policy making. However, ocean governance is complex because much of the ocean is a commons that is not ‘owned’ by any single person or nation/state. There is a belief more strongly in the US than other countries that the “invisible hand” is the best method to determine ocean governance factors. These include factors such as what resources we consume, what price we should pay for them, and how we should use them. The underlying reasoning behind this is the market has to have the desire in order to promote environmental protection, however this is rarely the case. This term is referred to as a market failure. Market failures and government failures are the leading causes of ocean governance complications. As a result, humankind has tended to overexploit marine resources, by treating them as shared resources while not taking equal and collective responsibilities in caring for them.

The International Code for Ships Operating in Polar Waters or Polar Code is an international regime adopted by the International Maritime Organization (IMO) in 2014. The Code sets out regulations for shipping in the polar regions, principally relating to ice navigation and ship design. The international framework aims to protect the two polar regions — the Arctic and Antarctic, from maritime risks. The Code entered into force on 1 January 2017.

Emission control areas (ECAs), or sulfur emission control areas (SECAs), are sea areas in which stricter controls were established to minimize airborne emissions from ships as defined by Annex VI of the 1997 MARPOL Protocol.

<span class="mw-page-title-main">Marine Strategy Framework Directive</span>

The Marine Strategy Framework Directive is a European Directive aimed at achieving or maintaining Good Environmental Status (GES) in European seas by the year 2020.

Marpol Annex I is the first implementation made by Marpol 73/78, one of the most important international marine environmental conventions. The convention was designed to minimize pollution of the seas from ships. The objective of the convention is to preserve the marine environment through the complete elimination of pollution by oil and other harmful substances and the minimization of accidental discharge of such substances. The Marpol Annex I began to be enforced on October 2, 1983, and it details the prevention of pollution by oil and oily water.

Port reception facilities are a place that international shipping ports must provide to collect residues, oily mixtures, and garbage generated from an ocean-going vessel. contaminants generated by ships cannot be discharged directly to the ocean. According to MARPOL 73/78 they must be collected by the Port reception facilities all around the world. The Port reception facility must be able to receive dirty oil and other contaminants, and also provide quick and efficient services.

<span class="mw-page-title-main">Marine environmental issues in Lebanon</span>

A variety of factors affect the water and marine life along the coastline of Lebanon, including marine pollution, environmental impact of shipping, oil spills, noxious liquid substances spills, sewage spills, and the dumping of radioactive and medical waste.

<span class="mw-page-title-main">Heavy fuel oil</span> Fuel oils of a tar-like consistency

Heavy fuel oil (HFO) is a category of fuel oils of a tar-like consistency. Also known as bunker fuel, or residual fuel oil, HFO is the result or remnant from the distillation and cracking process of petroleum. For this reason, HFO is contaminated with several different compounds including aromatics, sulfur, and nitrogen, making emissions upon combustion more polluting compared to other fuel oils. HFO is predominantly used as a fuel source for marine vessel propulsion using marine diesel engines due to its relatively low cost compared to cleaner fuel sources such as distillates. The use and carriage of HFO on-board vessels presents several environmental concerns, namely the risk of oil spill and the emission of toxic compounds and particulates including black carbon. The use of HFOs is banned as a fuel source for ships travelling in the Antarctic as part of the International Maritime Organization's (IMO) International Code for Ships Operating in Polar Waters (Polar Code). For similar reasons, an HFO ban in Arctic waters is currently being considered.

<span class="mw-page-title-main">European Union Maritime Security Strategy</span> Maritime security strategy of the European Union

The European Union Maritime Security Strategy is a maritime security strategy of the European Union. It was unanimously adopted by EU member states in June 2014. The EUMSS provides a framework for the EU's actions within maritime security in order to promote broader and more coherent approaches to identified maritime security challenges. Maritime security strategies have been adopted by a number of countries like France, India, United Kingdom and United States of America. Such strategies are used to organise a country or region's actions within maritime security by identifying maritime security challenges and relevant actors.

The European Union is one of the main anti-piracy actors in the Gulf of Guinea (GoG). At any one time, the EU has on average 30 owned or flagged vessels in the region. The piracy in the Gulf of Guinea is therefore a threat towards the EU, and as a response the organization adopted its strategy on the Gulf of Guinea in March 2014. The Strategy on the Gulf of Guinea is a 12-page document with the scope of the problem, what have previously been done, responses and the way forward with four strategic objectives. The EU's overriding objective are:

  1. to build a common understanding in regional countries of the threat and its long-term effect and the need to address the piracy issues among the regional and international community.
  2. to help the governments in the region to ensure maritime awareness, security and the rule of law by building robust institutions and maritime administrations.
  3. to assist vulnerable economies to withstand criminal or violent activity and to build resilience to communities.
  4. to strengthen cooperation between the countries and organizations on the region to fight threats both on land and sea.
<span class="mw-page-title-main">Initial IMO Strategy on the reduction of GHG emissions from ships</span> Framework on greenhouse gases and maritime shipping

The Initial IMO Strategy on the reduction of GHG emissions from ships, or Initial IMO GHG Strategy, is the framework through which the International Maritime Organization (IMO) aims to reduce greenhouse gas (GHG) emissions from international maritime shipping. GHG emissions from shipping are about 3% of total GHG emissions, and under this strategy the IMO envisions their elimination within this century. However many companies and organizations say shipping should be decarbonized by 2050.

<span class="mw-page-title-main">Plastic pollution in the Mediterranean sea</span>

The Mediterranean Sea has been defined as one of the seas most affected by marine plastic pollution.

References

  1. 1 2 Bueger, Christian; Edmunds, Timothy (2020-09-01). "Blue crime: Conceptualising transnational organised crime at sea". Marine Policy. 119: 104067. Bibcode:2020MarPo.11904067B. doi:10.1016/j.marpol.2020.104067. hdl: 1983/408d06b7-7ea8-4a40-b371-e1c863c2f9c5 . ISSN   0308-597X.
  2. 1 2 3 Becker-Weinberg, V. (2023). Recognition of Maritime Environmental Crimes within International Law: A New Global Paradigm for the Protection and Preservation of the Marine Environment. In F. M. Platjouw & A. Pozdnakova (Eds.), The Environmental Rule of Law for Oceans: Designing Legal Solutions (pp. 207–222). chapter, Cambridge: Cambridge University Press.
  3. 1 2 "Council conclusions 14280/23 on the Revised EU Maritime Security Strategy (EUMSS) and its Action Plan (2023, October 2023)" (PDF). www.consilium.europa.eu.
  4. 1 2 "Crime, corruption, maritime insecurity and the environment: why a criminal justice approach is necessary to protect our oceans". United Nations : Office on Drugs and Crime. Retrieved 2024-09-17.
  5. ↑ Germond, Basil; Mazaris, Antonios D. (2019-01-01). "Climate change and maritime security". Marine Policy. 99: 262–266. Bibcode:2019MarPo..99..262G. doi:10.1016/j.marpol.2018.10.010. ISSN   0308-597X.
  6. ↑ ibid.
  7. 1 2 3 4 5 García Ruiz, Ascensión; South, Nigel; Brisman, Avi (March 2022). "Eco-Crimes and Ecocide at Sea: Toward a New Blue Criminology". International Journal of Offender Therapy and Comparative Criminology. 66 (4): 407–429. doi:10.1177/0306624X20967950. ISSN   0306-624X. PMID   33153364.
  8. 1 2 3 4 5 Giovannini, Nicola; Melica, Luigi; Cukani, Entela; Giannotta, Marco; Zingoni, Malena (2013). "Addressing Environmental Crimes and Marine Pollution in the EU" (PDF). www.dadinternational.org. Retrieved September 17, 2024.
  9. ↑ "Pollution from ships: stricter measures to stop illegal discharges | News | European Parliament". www.europarl.europa.eu. 2023-11-16. Retrieved 2024-09-17.
  10. 1 2 3 Lycan, T.; Van Buskirk, L. (July 2021). "What we know about maritime environmental crime" (PDF). Safeseas. Retrieved September 17, 2024.
  11. ↑ "EU position in world trade - European Commission". policy.trade.ec.europa.eu. 2024-09-17. Retrieved 2024-09-17.
  12. ↑ "Maritime security". www.consilium.europa.eu.
  13. ↑ "World maritime fleet, ranked by country". www.immigration-usa.com. Retrieved 2024-09-17.
  14. 1 2 "Press corner". European Commission - European Commission. Retrieved 2024-09-17.
  15. ↑ "European Commission. (2023) *on the update of the EU Maritime Security Strategy and its Action Plan "An enhanced EU Maritime Security Strategy for evolving maritime threats."* (n.d.)" (PDF). oceans-and-fisheries.ec.europa.eu.
  16. 1 2 3 4 "Biodiversity: how the EU protects nature". www.consilium.europa.eu.
  17. ↑ "EU at COP15 global biodiversity conference - European Commission". environment.ec.europa.eu. 2024-09-17. Retrieved 2024-09-17.
  18. ↑ "European Green Deal". www.consilium.europa.eu.
  19. ↑ webmaster. "CleanSeaNet Service". www.emsa.europa.eu. Retrieved 2024-09-17.
  20. 1 2 Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (Text with EEA relevance), vol. 328, 2008-11-19, retrieved 2024-09-17
  21. ↑ "EU cracks down on CEO environmental crime with landmark directive « Carbon Pulse" . Retrieved 2024-09-17.
  22. 1 2 "Maritime safety: Council and Parliament strike a deal to ensure cleaner shipping in the EU". www.consilium.europa.eu. 2024-02-15.
  23. ↑ International Tribunal for the Law of the Sea: UNCLOS. (n.d.). https://www.itlos.org/en/main/the-tribunal/unclos/;International%5B%5D
  24. ↑ "International Convention for the Prevention of Pollution from Ships (MARPOL)". www.imo.org. Retrieved 2024-09-17.
  25. 1 2 "Act to Prevent Pollution from Ships". Constantine Cannon. Retrieved 2024-09-17.
  26. ↑ Environment, U. N. (2022-04-07). "UN Biodiversity Conference (COP 15)". www.unep.org. Retrieved 2024-09-17.
  27. ↑ "Introduction to IMO". www.imo.org. Retrieved 2024-09-17.
  28. ↑ "Pollution Prevention". www.imo.org. Retrieved 2024-09-17.
  29. ↑ "International Convention on Civil Liability for Oil Pollution Damage (CLC)". www.imo.org. Retrieved 2024-09-17.
  30. ↑ "International Convention on Civil Liability for Bunker Oil Pollution Damage (BUNKER)". www.imo.org. Retrieved 2024-09-17.
  31. 1 2 3 "Marine pollution crime: first global multi-agency operation". www.interpol.int. Retrieved 2024-09-17.
  32. ↑ "Droit au Droit International - "Addressing environmental crimes and maritime pollution in the EU"". www.dadinternational.org. Retrieved 2024-09-17.
  33. ↑ "EU to introduce 10-year prison sentences for environmental crimes". euronews. 2024-02-27. Retrieved 2024-09-17.
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