Context: Recently, a Liberian container ship 'MSC ELSA 3' sank off the Kerala coast near Alappuzha with hazardous cargo on board. This has exaggerated the risk of oil spill, plastic pollution (due to nurdles/plastic pellets), and spread of hazardous chemicals.
The state government of Kerala has declared the wreckage as a state-specific disaster considering the potentially serious environmental, social and economic impact.
Relevance of the Topic: Prelims: Oil spill remediation techniques; Legal avenues for India in Marine Spills.
Oil Spill
- Oil spill is the accidental release of petroleum or its products into the sea or coastal waters.
- Oil spills are dangerous as oil floats on water, forming a slick that spreads quickly with wind and currents. Some components can stay suspended causing long-term harm.
- Impacts:
- Severely damage marine ecosystems- result in death of fish and other organisms.
- Destroy mangroves and coral reefs.
- Oil can coat the feathers of birds- may lose their insulation abilities, leading to hypothermia and drowning.
- Bioaccumulation of toxic substances in the food chain.
- Affect livelihood of fishermen and disrupt local economy.
Methods used to clean up Oil Spills
Oil spreads quickly and rough seas and strong currents complicate cleanup efforts. Oils vary in properties, with some sinking or emulsifying with water and making separation tough. Some of the methods used for oil spill clean up are skimming, in situ burning and releasing chemical dispersants.
- Skimming: It involves removing oil from the sea surface before it can reach sensitive areas along the coastline. E.g., Using pillows made of oleophilic (oil-attracting) materials which act like a sponge and absorb oil from the surface.
- In situ burning: It means burning a particular patch of oil after it has concentrated in an area.
- Releasing chemical dispersants: It helps break down oil into smaller droplets, making it easier for microbes to consume and further break it down into less harmful compounds.
The methods can have some drawbacks, such as- chemical dispersants can harm marine life. Additionally, manual cleanup is labour-intensive and often ineffective in remote areas.
Flags of Convenience:
- Mediterranean Shipping Company (MSC) is one of the world’s largest container shipping companies, headquartered in Geneva, Switzerland.
- ELSA 3 is registered in Liberia, a flag state widely known for its lax regulatory oversight. This practice of registering vessels under so-called “Flags of Convenience” or “Open Registers” is common in the global shipping industry.
- This allows shipowners to sidestep the stricter safety, labour, tax, and environmental regulations enforced by traditional maritime nations.
Legal avenues for India in Kerala Ship Spill:
1. MARPOL and SOLAS Conventions:
- India is signatory to MARPOL (International Convention for the Prevention of Pollution from Ships) and SOLAS (International Convention for the Safety of Life at Sea).
- MARPOL Annex III deals with pollution from harmful substances. The primary liability for pollution damage is with the shipowner and the flag state, which can extend to covering the cost of cleanup and other damages to the environment.
- International Maritime Dangerous Goods Code under SOLAS requires strict controls for transportation of hazardous cargo like calcium carbide. Improper stowage or labelling of dangerous cargo may violate these rules.
- Under the SOLAS, India is obligated to investigate whether the vessel met seaworthiness, stability, and hazardous cargo handling standards under the IMDG Code.
2. Merchant Shipping Act, 1958:
- India’s Director General of Shipping (DGS) has the territorial jurisdiction to investigate the marine accident under provisions of the Merchant Shipping Act, 1958.
- DGS can demand the records, vessel’s safety certificates and maintenance logs to inspect compliance about its structural integrity, maintenance and compliance with safety standards.
- DGS can assess compliance with IMDG Code standards for hazardous cargo and verify the vessel’s seaworthiness certification.
3. Environment Protection Act 1986:
- The ‘Polluter Pays’ principle upheld by the National Green Tribunal can be invoked to claim compensation for ecological harm.
- India may also seek criminal liability under the Indian Penal Code and environmental laws, and claim additional costs for public health impacts and tourism losses.
India needs to respond swiftly to contain the pollution, investigate the causes of the accident and cooperate with international agencies for the strict enforcement of the liabilities of both the shipowner and the flag state.