Oceans of noise - Whale and Dolphin Conservation Society

One possibility is the adoption by the coastal State of laws and regulations in respect of “theregulation of maritime traffic”. 116 For example, a coastal State may wish to establish aprohibition on vessel movements in an acoustically-sensitive area. However, any laws andregulations adopted by the coastal State for the prevention, reduction and control of pollution arenot to hamper innocent passage. 117 Measures for the regulation of maritime traffic in theterritorial sea have been established in the past (e.g. around Orkney in the United Kingdom);hence such measures are not automatically to be construed as hampering innocent passage. Acoastal State does not, with some exceptions, need the approval of IMO for such measures in itsterritorial sea. 118 In practice, however, a coastal State may prefer to obtain such approval in orderto improve the efficacy of the measure and perhaps to be reassured that innocent passage is notdeemed by other States to have been hampered.Under Art 211(5) LOSC a coastal State may adopt laws and regulations for the prevention,reduction and control of marine pollution from foreign vessels in its EEZ. However, such lawsand regulations must conform to and give effect to “generally accepted international rules andstandards established through the competent international organization or general diplomaticconference”. 119 This implies that in the absence of international rules and standards on oceannoise, the coastal State may not adopt laws and regulations for the prevention, reduction andcontrol of such noise from foreign vessels in its EEZ.However, Art 211(5) LOSC is supplemented by Art 211(6) LOSC under which the coastal Statemay, in certain circumstances, take “mandatory measures” in “special areas” within its EEZ. Atthe outset, other States concerned must be consulted through the IMO. Next the proposal must besubmitted to the IMO for its consideration. The role of the IMO is to determine whether (a) “theinternational rules and standards ... are inadequate to meet special circumstances” and (b) theparticular part of the EEZ in question “is an area where the adoption of special mandatorymeasures for the prevention of pollution from vessels is required for recognized technical reasonsin relation to its oceanographical and ecological conditions, as well as its utilization or theprotection of its resources and the particular character of its traffic”.116 Art 21(1)(a) LOSC.117 Art 211(4) LOSC.118 See: (a) paras 3.14-3.16 of General Provisions on Ships’ Routeing; and (b) Art 22(3)(a) LOSC.119 Art 211(5) LOSC.118