prevention. It also provides an alternative approach, addressing the failure of flag states to fulfil
their obligations outside their territorial waters, particularly when those states run ‘flag of
convenience’ regimes. There are a range of other maritime conventions that further deal with
marine pollution.98
Agreements between states also deal with environmental problems in inland water bodies. Of
relevance is the Convention on the Protection and Use of Transboundary Water Courses and
International Lakes,99 which advocates measures to prevent, control and reduce any
transboundary environmental impact.
In the Asia Pacific region, the Agreement on the Cooperation for the Sustainable Development
of the Mekong River Basin 1995 addresses the issue of prevention and cessation of
environmental harms pertaining to the Mekong River Basin. This Agreement also addresses
state responsibility for damage to the environment and amicable settlement of disputes in
conformity with the UN Charter. Within the Pacific, regional agreements address a variety of
issues including the transportation of hazardous waste and the conservation of migratory fish
stocks.100
Environmental Harms in Air and Space
In relation to air and space, the most pertinent instrument is the Convention on International
Liability for Damage Caused by Space Objects 101 to which some Asia Pacific countries are
parties. The basic principle is that States Parties bear international responsibility for all space
objects which are launched within their territory. 102
Recommendations
A list of recommendations is contained in Part 2. Amongst others, recommendations relevant to
this term of reference include:
•
•
•
•
•
•
•
1.3.
2.2.
2.4.
3.2.
3.3.
4.1.
4.2.
Application of existing rights
Development of Domestic Regulatory Regimes
Participatory rights
Issues affecting Implementation
Environmental Impact Assessment
Engaging with key stakeholders
Public Awareness
98
See for example, the International Convention for the Prevention of Pollution from Ships 1973, as modified by the
Protocol of 1978 relating thereto, which aims to prevent and minimise pollution of the marine environment by ships from
operational or accidental causes. A relevant organisation is the International Maritime Organisation, which promotes
cooperation on this issue.
99
Entered into force 6 October 1996.
100
See for example the Waigani Convention to Ban the Importation into Forum Island Countries of Hazardous and
Radio Active Waste and to Control the Transboundary Movement of Hazardous Waste within the South Pacific Region,
and the Convention for the Conservation of Highly Migratory Fish Stocks in Western and Central Pacific Ocean.
101
Entered into force 1 September 1972.
102
With regard to atmospheric pollution, see also the 1993 Treaty Banning Nuclear Weapons Tests in the Atmosphere,
in Outer Space and Under Water @ http://www.ctbto.org
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