The Joint Group of Experts on the Scientific Aspects of Marine Environmental Protection estimates that approximately 450,000 tons of oil are intentionally jettisoned from ships into the world’s oceans and seas each year.1 Forty-five years ago, recognizing that such intentional discharges as well as accidental releases from ships of crude and refined oil and other petroleum derivatives into the world’s oceans and seas had become an increasingly significant source of environmental pollution, the United Nations International Maritime Organization (“IMO”), a specialized agency of the United Nations responsible for regulating international shipping, promulgated the International Convention for the Prevention of Pollution from Ships (“MARPOL 73”).2 Five years later, the IMO adopted the Protocol of 1978 to supplement MARPOL 73 (“MARPOL 78” and, collectively with MARPOL 73, “MARPOL 73/78”).3 MARPOL 73/78, which took effect on October 2, 1983, aims “to achieve the complete elimination of intentional pollution of the marine environment by oil and other harmful substances and the minimization of accidental discharge of such substances.”4 Annex I of MARPOL 73/78 specifically governs pollution by oil, defined broadly as “petroleum in any form including crude oil, fuel oil, sludge, oil refuse and refined products” as well as oil-contaminated wastewater released from covered ships.
Daisy de Wolff