Law of the Sea & Marine Pollution | Geography Optional for UPSC (Notes) PDF Download

UNCLOS

• The United Nations Convention on the Law of the Sea (UNCLOS), also known as the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that provides a legal framework for all activities related to marine and maritime affairs. As of June 2016, 167 countries and the European Union are parties to the agreement.
• UNCLOS resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III), which took place between 1973 and 1982, and was adopted and signed in 1982. The convention replaced the four Geneva Conventions of April 1958, which dealt with various aspects of maritime law.
• The Convention established three new international institutions: the International Tribunal for the Law of the Sea, the International Seabed Authority, and the Commission on the Limits of the Continental Shelf. It also divided marine areas into five main zones: Internal Waters, Territorial Sea, Contiguous Zone, Exclusive Economic Zone (EEZ), and the High Seas.
• UNCLOS is the only international convention that provides a framework for state jurisdiction in maritime spaces, with different legal statuses for each maritime zone. It serves as the foundation for offshore governance by coastal states and those navigating the oceans, zoning coastal states' offshore areas and providing specific guidance for states' rights and responsibilities in the five concentric zones.

Maritime Zones

1. Baseline

• It is the low-water line along the coast as officially recognized by the coastal state.

2. Internal Waters

• Internal waters refer to the water areas located on the landward side of the baseline that is used to measure the breadth of a coastal state's territorial sea. These waters fall under the complete sovereignty of the coastal state, similar to its land territory. Examples of internal waters include bays, ports, inlets, rivers, and lakes that have a connection to the sea.
• Unlike territorial waters, there is no right of innocent passage through internal waters. Innocent passage refers to the right to travel through waters without posing any threat to the peace and security of the nation. However, it is important to note that coastal states reserve the right to suspend innocent passage rights if deemed necessary.

3. Territorial Sea

• The territorial sea refers to the area extending up to 12 nautical miles (nm) from a country's coastline, measured from its baselines. A nautical mile, which is slightly more than a land mile (1 nautical mile = 1.1508 land miles or 1.85 km), is based on the Earth's circumference and is equivalent to one minute of latitude.
• Coastal states possess sovereignty and jurisdiction over the territorial sea, which includes not only the water's surface but also the seabed, subsoil, and airspace above. However, these rights are subject to the principle of innocent passage, which allows for the unobstructed passage of ships through the territorial sea as long as it does not compromise the coastal state's security or interests.

4. Contiguous Zone

• The contiguous zone is a maritime area that stretches up to 24 nautical miles (nm) from a country's baselines, acting as a buffer between the territorial sea and the high seas. This zone allows the coastal state to exercise control over its surface and seabed, but not over the air and space above it.
• In this area, the coastal state has the authority to prevent and penalize violations of fiscal, immigration, sanitary, and customs laws within its territory and territorial sea. However, the contiguous zone's jurisdiction is limited to the ocean's surface and floor, without extending to airspace or outer space.

5. Exclusive Economic Zone (EEZ)

• An Exclusive Economic Zone (EEZ) is a maritime area that extends up to 200 nautical miles from a coastal state's baseline, beyond its territorial sea. Within this zone, the coastal state has specific rights and jurisdiction related to the exploration, exploitation, conservation, and management of both living and nonliving natural resources found in the seabed and subsoil. Additionally, the coastal state can conduct activities such as harnessing energy from water, currents, and wind.
• It is important to note that the EEZ differs from the territorial sea and the contiguous zone in that it primarily concerns resource rights. The coastal state does not have the authority to restrict or regulate freedom of navigation or overflight within its EEZ, except for a few limited exceptions.

6. High Seas

• The high seas refer to the ocean surface and the water column beyond the Exclusive Economic Zone (EEZ), which is an area beyond any national jurisdiction. 
• This region is considered as the shared inheritance of all humanity, and states can engage in activities within these waters as long as they serve peaceful purposes. Examples of such activities include transit, marine scientific research, and undersea exploration.
  

• Oceans are the largest water bodies on the planet Earth. Over the last few decades, excessive human activities have severely affected marine life on the Earth’s oceans. Ocean pollution, also known as marine pollution, is the spreading of harmful substances such as oil, plastic, industrial and agricultural waste, and chemical particles into the ocean.
• Since oceans provide the home to a wide variety of marine animals and plants, it is the responsibility of every citizen to play his or her part in making these oceans clean so that marine species can thrive for a longer period of time.

7. Laws and Policies

• In 1948, President Harry Truman signed a law known as the Federal Water Pollution Control Act, which granted the federal government the authority to regulate marine pollution in the United States.
• In 1972, the Council on Environmental Quality passed the Marine Protection, Research, and Sanctuaries Act, which aimed to control the dumping of waste into the ocean.
• Furthermore, the international treaty MARPOL was created in 1973 and revised in 1978 to address pollution from ships, with a particular focus on oil pollution. The International Convention for the Prevention of Pollution from Ships in 1983 further enforced the MARPOL treaty on a global scale.
• Additionally, the United Nations Convention on the Law of the Sea (UNCLOS) was established in 1982 to protect the marine environment by requiring all participating countries to regulate their pollution levels in the ocean. This convention imposed restrictions on the amount of toxins and pollutants that ships from all countries could release into the ocean.

Causes of Ocean Pollution

1. Plastic Waste: Between 4-12 million metric tons of plastic waste enters the ocean each year. India alone generates 62 million metric tons of waste annually, with 10-12% of this being plastic waste, including single-use plastics.
2. Sewage: Pollution can directly enter the ocean through sewage systems, rivers, or drainage channels. In India, 80% of municipal sewage is collected, but only 20% is treated, with the remaining untreated sewage being directly discharged into the ocean.
3. Industrial and Agricultural Waste: Toxic chemicals from industrial and agricultural processes are another common source of ocean pollution. The disposal of harmful liquids in the ocean has a direct impact on marine life.
4. Land Runoff: Land runoff occurs when excess water from rain, flooding, or melting infiltrates the soil and flows over land into the ocean. This process often picks up harmful human-made contaminants, such as fertilizers, petroleum, pesticides, and other soil pollutants. Around 80% of land discharge that enters the sea contains plastic waste.
5. Large Scale Oil Spills: Ship pollution, particularly oil spills, is a significant source of ocean pollution. Crude oil is highly toxic to marine life and can suffocate animals once they become trapped in it. Furthermore, crude oil is challenging to clean up and tends to persist in the ocean for years.
6. Deep-Sea Mining: Ocean mining in the deep sea also contributes to ocean pollution. Mining sites that drill for silver, gold, copper, cobalt, and zinc create sulphide deposits up to 3,500 meters deep in the ocean.
7. Littering: Atmospheric pollution is a surprisingly large contributor to ocean pollution. Objects, both natural (e.g., dust and sand) and man-made (e.g., debris and trash), can be carried by the wind over long distances and eventually end up in the ocean. Most debris, particularly plastic debris, does not decompose and remains suspended in ocean currents for extended periods.

Devastating Effects of Ocean Pollution

• Effect of Toxic Wastes on Marine Animals: The oil spill is dangerous to marine life in several ways. The oil spilled in the ocean could get onto the gills and feathers of marine animals, which makes it difficult for them to move or fly properly or feed their children. The long-term effect on marine life can include cancer, failure in the reproductive system, behavioral changes, and even death.
• Disruption to the Cycle of Coral Reefs:
  • Oil spill floats on the surface of the water and prevents sunlight from reaching to marine plants and affects the process of photosynthesis. Skin irritation, eye irritation, lung and liver problems can impact marine life over a long period of time.
    (i) Depletes Oxygen Content in Water
    (ii) Failure in the Reproductive System of Sea Animals
    (iii) Effect on Food Chain
  • Chemicals used in industries and agriculture get washed into the rivers and from there are carried into the oceans. These chemicals do not get dissolved and sink at the bottom of the ocean. Small animals ingest these chemicals and are later eaten by large animals, which then affect the whole food chain.
• Eutrophication: When a water body becomes overly enriched with minerals and nutrients which induce excessive growth of algae or algal bloom.
  • This process also results in oxygen depletion of the water body.
• Affects Human Health: Animals from the impacted food chain are then eaten by humans which affects their health as toxins from these contaminated animals get deposited in the tissues of people and can lead to cancer, birth defects or long-term health problems.

Solutions for Ocean Pollution

• A stricter government regulation on industry and manufacturing is one large scale solution.
• Implement renewable energy sources, such as wind or solar power, to limit offshore drilling.
• Limit agricultural pesticides and encourage organic farming and eco-friendly pesticide use.
• Proper sewage treatment and exploration of eco-friendly wastewater treatment options.
• Cut down on industry and manufacturing waste and contain landfills so they don’t spill into the ocean.

Oceans are resilient, but not indestructible. If they’re to last for generations to come, humans must work together to reduce pollution and its impact. The best way to fight ocean pollution is to educate yourself on its causes and make small changes at home to reduce your carbon footprint. It’s never too late to work to improve the ocean’s health.
Oceans Issues and Threats – Currently our Oceans are facing the following major problems:

• Over Fishing
• Predation of Top predators
• Ocean Acidification
• Coral Bleaching
• Ocean Dead Zone
• Heavy metal Pollution
• Plastic Pollution

Over Fishing

• Overfishing is causing significant damage to our oceans and their ecosystems. This practice not only threatens the extinction of various fish species but also affects other marine animals that rely on these fish for sustenance. Overfishing results in food scarcity for marine animals, as humans deplete their food sources at a faster rate than they can replenish. In fact, many seas already require long-term fishing bans for certain species to have any chance of recovery.
• Moreover, the fishing methods employed contribute to the destruction of ocean habitats. For example, bottom trawling devastates seafloor habitats and often captures numerous unwanted fish and marine animals, which are then discarded. Additionally, the over-extraction of fish has led to many species being classified as threatened or endangered.
• The primary cause of overfishing is the increased demand for seafood. As people seek to diversify their diets and capitalize on the health benefits of seafood, the pressure on fish populations continues to grow. To mitigate the harmful effects of overfishing, it is crucial to implement sustainable fishing practices and reduce our reliance on seafood.

Predation of Top predators

• Each year, tens of millions of sharks are killed, predominantly for their fins, which are used as an ingredient in soup. The common practice involves capturing the sharks, cutting off their fins, and then throwing them back into the ocean to die, resulting in a tremendous amount of waste.
• As apex predators, sharks have slow reproduction rates, making it difficult for their populations to recover from overfishing. Additionally, their role as top predators helps regulate the population of other species. When a key predator is removed from the ecosystem, species lower on the food chain often begin to overpopulate their habitat, leading to a detrimental cascading effect on the entire ecosystem.
• Whaling is another significant issue that has pushed the blue whale population to the brink of collapse.

Ocean Acidification

• Ocean acidification is a significant problem that cannot be ignored. It occurs when the ocean absorbs CO₂ through natural processes. However, due to the increased levels of CO₂ being released into the atmosphere from burning fossil fuels, the ocean's pH balance is dropping at an alarming rate, making it difficult for marine life to adapt.
• According to Jelle Bijma, chair of the EuroCLIMATE program Scientific Committee and a biogeochemist at the Alfred Wegener-Institute Bremerhaven, "Ocean acidification is occurring more rapidly than ever in Earth's history. To find equivalent levels of pCO₂ (partial pressure of carbon dioxide) that we have reached now, one needs to go back 35 million years in time."
• It's crucial to note that the average pH of ocean water is basic, at around 8.1. Ocean acidification causes the pH level to decrease slightly, but it does not fall below 7. If the pH were to drop below 7, it would become acidic, and no marine life would be able to survive in such conditions.

Coral Bleaching

Understanding Coral Reefs
Coral reefs are underwater structures composed of coral polyps, which are tiny living organisms. These coral polyps create calcium carbonate skeletons that bind together to form the reef. Even though coral reefs only cover 0.1% of the ocean's surface, they are home to 25% of marine species, earning them the nickname "tropical rainforests of the sea." Coral reefs are typically found in shallow areas with depths less than 150 feet, but some can reach depths of up to 450 feet. While corals can be found in all oceans, the largest coral reefs are usually located in the clear, shallow waters of tropical and subtropical regions.

Ideal Growth Conditions for Coral Reefs

• Temperature: Coral reefs thrive in water temperatures between 20°C and 35°C, with the optimal range being 23°C to 25°C. Water temperatures below 20°C are not conducive to coral growth.
• Salinity: Corals can only survive in saline conditions, with an average salinity level between 27% and 40%.
• Water Depth: Coral reefs grow best in shallow waters with depths of less than 50 meters. However, they can still be found in waters with depths up to 200 meters.

Types of Coral Reefs

Coral Reefs are differentiated into three categories based on their shape, nature, and mode of occurrence.

• Fringing Reef: Fringing coral reefs are located very close to the shore, forming a shallow lagoon known as a Boat Channel. These reefs grow alongside islands and continental margins, developing from the deep sea floor and featuring a steep seaward slope. Fringing reefs are the most common type of coral reef. Examples include Sakau Island in New Hebrides and the South Florida Reef.
• Barrier Reef: Among the three types of coral reefs, barrier reefs are the largest, tallest, and widest. They form off the coast and run parallel to the shore in a broken and irregular ring shape. Barrier reefs can span over 100 kilometers in length and several kilometers in width. The Great Barrier Reef in Australia, which stretches for 1,200 miles, is an example of a barrier reef.
• Atolls: An atoll is a coral reef that has a roughly circular shape and encircles a large central lagoon, which is typically deep with depths ranging from 80 to 150 meters. Atolls are found away from deep sea platforms and can be situated around an island or on a submarine platform in an elliptical form. Examples of atolls include the Fiji Atolls, Suvadivo in the Maldives, and Funafoothis Atoll of Ellice.

Coral Reefs in India

The major coral reefs in India include Palk Bay, the Gulf of Mannar, the Gulf of Kutch, the Andaman and Nicobar Islands, the Lakshadweep Islands, and Malvan. Among all these coral reefs, the Lakshadweep reef is an example of an atoll while the rest are all fringing reefs.

Coral Bleaching

• Coral bleaching occurs when corals, under stress from changes in factors such as temperature, light, or nutrient levels, expel the symbiotic algae called zooxanthellae that live within their tissues. These algae provide about 90% of the coral's energy and give the coral its yellow or reddish-brown color. When the algae are expelled, the coral turns a pale white, revealing its translucent calcium carbonate tissues.
• The loss of zooxanthellae pigment makes the coral appear "bleached," but it does not necessarily result in the coral's death. If the bleaching is not too severe, corals can recover once conditions return to normal. Coral bleaching has been observed in the Caribbean, Indian, and Pacific oceans on a recurring basis. While bleaching brings corals close to death, some can survive and recuperate when the sea surface temperature stabilizes.

Causes of Coral Bleaching?

1. Rising sea temperatures: Most coral species live in waters close to their maximum heat tolerance, making even a slight increase in ocean temperature harmful to them. Events like El Niño can raise sea temperatures and damage coral reefs.
2.  Ocean acidification: As carbon dioxide levels rise, oceans absorb more of the gas, increasing the acidity of the water. This makes it more difficult for corals to create their essential calcareous skeletons.
3. Solar radiation and ultraviolet radiation: Changes in tropical weather patterns can lead to reduced cloud cover, exposing coral to more radiation and consequently causing bleaching.
4. Infectious diseases: Bacteria such as Vibrio shiloi can infiltrate coral and inhibit the photosynthesis of zooxanthellae, the algae living within coral. These bacteria become more harmful in warmer sea temperatures.
5. Chemical pollution: Higher nutrient concentrations can negatively impact corals by promoting phytoplankton growth, which in turn supports larger populations of organisms that compete with coral for space.
6. Increased sedimentation: Land clearing and coastal construction can cause higher rates of erosion, leading to more suspended silt particles in the water. This can smother corals, reduce light availability, and hinder coral photosynthesis and growth.
7. Human-induced threats: Overfishing, pollution from agricultural and industrial runoff, coral mining, and the development of industrial areas near coral ecosystems can also adversely affect corals.

Consequences

• The consequences of coral bleaching are significant and far-reaching, impacting both the marine ecosystem and human communities. When coral communities change, the species that rely on them, such as fish and invertebrates, are affected. These marine animals depend on living coral for food and shelter, and their loss can disrupt the entire food chain, leading to declines in genetic and species diversity.
• Not only do healthy coral reefs support a diverse range of marine life, but they also attract divers and tourists, providing a boost to the local economy. However, when coral reefs are bleached and degraded, it can deter tourism and negatively affect the financial well-being of the surrounding communities.
• Coral bleaching can also lead to significant shifts in fish populations, resulting in reduced catches for fishermen. This not only impacts the food supply for local communities but also affects the economic activities associated with fishing.
• Additionally, coral reefs play a crucial role in protecting coastlines by absorbing wave energy from the ocean. This helps to shield coastal populations from increased storm damage, erosion, and flooding. As coral bleaching compromises the health and structure of coral reefs, this vital protective function is weakened, leaving coastal communities more vulnerable to the elements.

Ocean Dead Zone

• Ocean dead zones are areas in the ocean where life cannot thrive due to a lack of oxygen. It is believed that global warming plays a significant role in causing these dead zones, which are increasing at an alarming rate. Currently, more than 400 dead zones have been identified, and this number is expected to rise.
• Research on dead zones highlights the interdependence of our planet's ecosystems. It suggests that promoting biodiversity in land-based agriculture could help prevent the formation of dead zones in the ocean. This could be achieved by reducing or eliminating the use of fertilizers and pesticides, which can eventually make their way into the ocean and contribute to the development of dead zones.

Heavy Metal Pollution

• Heavy metal pollution, particularly mercury, is a significant concern in ocean waters, as it poses a threat to marine life and eventually finds its way onto our dinner plates. The issue of mercury pollution is becoming increasingly severe, with most coastal nations now grappling with the impacts of mercury poisoning.
• The long-lasting nature of mercury enables it to bioaccumulate and magnify in the food chain. The primary source of mercury in water is coal-based thermal power plants, which release the pollutant into the environment. To address this problem, countries have come together under the Minamata Convention to work towards reducing the use and production of mercury.

Plastic Pollution

• Vast amounts of plastic debris are accumulating in the ocean, forming a massive "plastic soup" roughly the size of Texas in the center of the Pacific Ocean. This plastic pollution is causing significant harm to marine life, particularly large fish, which often choke on the plastic materials.
• When fish ingest plastic bags, these items can become lodged in their digestive tracts, leaving no room for food and ultimately leading to death by starvation. Much of this plastic waste enters the ocean through drains and rivers, continuously adding to the growing problem.

Great Barrier Reef

The Great Barrier Reef, the largest single structure on Earth created by living organisms, is visible from outer space. This remarkable structure is made up of billions of tiny coral polyps, which together support an incredibly diverse range of life. In recognition of its significance, the Great Barrier Reef was designated as a World Heritage Site in 1981.

The Great Barrier Reef Marine Park, which is approximately the same size as Italy, encompasses around 3,000 individual coral reefs, 600 continental islands, and is home to an astonishing 1,625 species of fish, 133 types of sharks and rays, and 600 varieties of both soft and hard corals.

Conclusion

Frequently Asked Questions (FAQs) of Law of the Sea & Marine Pollution

What is the United Nations Convention on the Law of the Sea (UNCLOS)?

The United Nations Convention on the Law of the Sea (UNCLOS) is an international agreement that provides a legal framework for all activities related to marine and maritime affairs. It establishes the rights and responsibilities of nations in their use of the world's oceans, dividing marine areas into various zones with different legal statuses.

What are the main types of coral reefs, and where are they commonly found?

There are three main types of coral reefs: fringing reefs, barrier reefs, and atolls. Fringing reefs are located close to the shore and are the most common type of coral reef. Barrier reefs are the largest, tallest, and widest reefs, forming off the coast and running parallel to the shore. Atolls are circular reefs that encircle a large central lagoon. Coral reefs are typically found in shallow, clear waters of tropical and subtropical regions.

What is coral bleaching, and what causes it?

Coral bleaching occurs when corals, under stress from changes in factors such as temperature, light, or nutrient levels, expel the symbiotic algae called zooxanthellae that live within their tissues. This causes the coral to turn a pale white and lose its vibrant color. The primary cause of coral bleaching is rising sea temperatures, but other factors such as ocean acidification, solar radiation, infectious diseases, and human-induced threats can also contribute to the problem.

What are ocean dead zones, and what causes them?

Ocean dead zones are areas in the ocean where life cannot thrive due to a lack of oxygen. The main cause of dead zones is nutrient pollution from human activities, such as fertilizer and sewage runoff, which promotes excessive algal growth. When the algae die and decompose, they consume the oxygen in the water, creating an environment that is inhospitable for most marine life.

How can we reduce ocean pollution and protect marine ecosystems?

Some solutions for reducing ocean pollution include implementing stricter government regulations on industry and manufacturing, promoting renewable energy sources, limiting agricultural pesticide use, improving sewage treatment, reducing plastic waste, and raising awareness about sustainable fishing practices. By making small changes at home and supporting policies that protect marine ecosystems, individuals can help improve the health of the oceans.