A Consideration on the State Jurisdiction over Vessel-Source Marine Pollution under Part XII of UNCLOS

The protection of the marine environment and the conservation of marine ecosystems can be said that it is global obligation, beyond the national and regional level. Over the past century, we have been experienced how vessel-source pollution has devastated regional economy and the marine environment as well as human life. International Maritime Organization("IMO") has been highly contributed to the prevention of marine pollution from ships through adoption of various International maritime Conventions. Although it can be said that individual treaties are important to protect the marine environment and preserve the marine ecosystems from various marine pollutants, comprehensive treaty is more important than each environmental treaties. International community has been adopted the United Nations Convention on the Law of the Sea 1982 (“UNCLOS”) and put regulations in respect of the protection of the marine environment and the preservation of the marine ecosystems in Part XII of UNCLOS. Part XII of UNCLOS provides each environmental treaty with legal framework. In addition, the IMO Conventions emphasize the harmonization and compliance with Part XII of UNCLOS. Hence, this study is to examine the state jurisdiction over vessel-source marine pollution under Part XII of UNCLOS. Especially, this research will mention the significance of UNCLOS and its contribution to the prevention of marine pollution from ships by specifically analyzing the enforcement and prescriptive jurisdiction of the flag state, the coastal state and the port state.