51 unless they are adequately diluted, in which case they may be

^ discharged into the sea in accordance with the detailed regulations as provided by the Annex. The Annex also under Regulation 13 provides for minimizing pollution in the event of an accident. Annex III seeks to prevent or minimize pollution from harmful substances carried in packaged forms, by laying down regulations concerning packaging, marking, labelling, documentation, stowage and quantity limitations. Annex IV prohibits the discharge of the sewage within four miles of

land unless a ship has in operation an approved treatment plant. Between four and twelve miles from land, sewage must be comminuted and disinfected before discharge. Finally, Annex V sets specified minimum distances from land for the disposal of all the principal kinds of garbage, and prohibits the disposal of all plastics. Furthermore, for the substances covered by Annexes II, IV and V, all contracting States are obliged to provide adequate reception facilities in their ports.

Although it is the responsibility of flag states to ensure that ships flying their flags always comply with the provisions of the Convention, it may sometimes be difficult for flag states to exercise full and continuous control over these ships. In order to supplement these functions of flag states, MARPOL, SOLAS and the LOAD LINE Conventions provide for certain procedures for the control of ships to be

exercised by Port States.

In discussing this question of Port State Control, we feel it is essential to understand certain distinctions. At this point it is first of all necessary to distinguish between a State's competence to prescribe legislation for vessels; that is to say legislative jurisdiction and its competence to enforce such legislation, thus prescribed, that is enforcement jurisdiction. Here enforcement jurisdiction can be sub-divided into competence to arrest, which is arresting jurisdiction and the competence of the Courts to deal with alleged breaches of the Law, thus judicial jurisdiction.

Secondly, the legislation or enforcement jurisdiction that a State has in respect of a particular vessel varies depending on whether

it is a Flag State or Port State. Just to remind ourselves, a Flag State is a State whose nationality a particular vessel has. A Coastal State is the State in one of whose maritime zones a

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whose ports a particular vessel is located. As far as legislative jurisdiction is concerned, under customary international law a Flag State can prescribe anti-pollution rules applicable to its vessels, wherever in the world such vessels might be. Both the 1954 Convention, under Article III and IV and the MARPOL Convention, under Articles 3 and 4, oblige Flag States to apply their pollution standards

Under the Territorial Sea Convention^^ and customary international

taw, a coastal state may prescribe any legislation relating to pollution that it wishes for foreign vessels in its territorial sea,'provided that such legislation does not have the effect of hampering innocent passage. On the other hand, parties to the MARPOL Convention are obliged to

prescribe provisions for all vessels in their territorial sea as

provided by Article 4(2). There is no corresponding obligation in the 1954 Convention, although Article XI makes it clear that coastal states may prescribe provisions for their territorial sea if they so wish. As regards Port States, under customary international law, a state can adopt anti—pollution legislation for foreign vessels in its ports and even make the observance of such legislation or particular international convention a condition of entry to its port, although it may have to ensure such legislation conditions are not discriminatory.

As far as enforcement jurisdiction is concerned, under customary international law a flag state can exercise judicial jurisdiction in respect of violations committed by its vessels. The flag state can arrest its vessels when they are on the high seas or in its territorial sea or ports. Where the vessel is in the territorial sea or port of another state, the flag state cannot make an arrest but may nevertheless institute criminal proceedings against it before its own courts provided the shipowner is within, or the vessel returns to, the flag state.

Under the MARPOL Convention, Articles 4(1) and 6(4), a flag state is obliged to institute criminal proceedings against any of its vessels suspected of having violated the Convention. A similar obligation is implied under the 1954 Convention, Article X(2). Article 19 of the Territorial Sea Convention, and customary international law, permit a coastal state to enforce violations of its pollution legislation

committed in its territorial sea by foreign ships by arresting suspected vessels and instituting legal proceedings against them.^^

Under the MARPOL Convention, a coastal state party to the Convention which is obliged to prescribe the Convention's provisions for foreign

ships in its territorial sea, is under the further obligation either to take legal proceedings itself against a ship which has violated the Convention's provisions in its territorial sea, or to forward to the authorities of the flag state such information and evidence as it has that a violation has occurred. Where they have sufficient evidence the flag state authorities must bring legal proceedings against the vessel concerned as soon as possible, as provided by Articles 4(2), 6(3) and (4). There are no corresponding obligations in the 1954 Convention, but equally nothing can be seen for a coastal state to be prevented from the exercise of its rights under customary inter­ national law or the 1958 Territorial Sea Convention from taking enforce­ ment action against foreign vessels violating the Convention in its territorial sea.

A port state in this case can exercise enforcement jurisdiction against a foreign vessel violating its anti-pollution legislation in one of its ports or its territorial sea,^^ but it cannot take any action in respect of violations committed before the ship enters its territorial sea. However, both the 1954 Convention and the MARPOL Convention give port states some role in law enforcement. Under the former, the authorities of the port state may inspect the Oil Record Book of a foreign vessel in one of its ports. If this inspection or other factors give the port state reason to think that the vessel has violated the Convention, such state must forward its evidence of a violation to the flag state authorities and later shall, if there is enough evidence, take legal action against the vessel, as provided by Articles IX(5) and X.

While under the MARPOL Convention the port authorities may inspect a foreign vessel, and where the condition of the vessel warrants it, they may detain the vessel until it can proceed to sea without

presenting an unreasonable threat of harm to the marine environment, additionally where the inspection indicates a violation of the MARPOL Convention, the authorities of the flag state shall be informed and again must take legal proceedings if there is enough evidence as provided by articles 5(2), 6 and 7.

Under both the 1954 Convention, as per Articles X(2), XII and the MARPOL Convention, as per Articles 4(3), 6(4) and 11, flag states must inform IMO of the enforcement action they take against their vessels, whether acting on their own,‘or as the result of information provided by other states.

Finally, it is important to observe that the MARPOL 73/78 Convention was designed to replace the International Convention on Oil Pollution of the Sea Water, 1954 (OILPOL 54). Where the OILPOL Convention dealt

only with the operational discharge of certain types of .oil, the new Convention covers every aspect of pollution likely to be caused by ships, and especially the means of preventing or reducing this. As indicated above earlier on, Tanzania is not a party to the 1954 Convention, nor to the MARPOL 73/78 Convention.

The International Convention for the Safety of Life at Sea, 1974 (SOLAS 1974) and its 1978 Protocol

The Convention consists of 13 Articles, and also contains a large number of complex Regulations laying down various standards relating to the construction of ships, fire-safety measures, life-saving appliances, the navigational equipment on board and other aspects of the safety of navigation, the carriage of dangerous goods and special rules for nuclear ships. The Regulations laying down various standards appear under the following Chapters:

Chapter I provides for the general provisions;

Chapter 11-1 construction - subdivision and stability,

machinery and electrical installations;

Chapter II-2 construction - fire protection, fire

detection and fire extinction;

Chapter III life-saving appliances;

Chapter IV Radiotelegraphy and radiotelephony;

Chapter V safety of navigation;

Chapter VI carriage of grain;

Chapter VII carriage of dangerous goods;

Chapter VIII nuclear ship, and

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