OIL DISCHARGE BY SHIPS AS A FORM OF SECURITY THREAT IN MALAYSIAN PORTS

The United Nations Convention on the Law of the Sea (UNCLOS) 1982 and some other conventions contain provisions concerning protection of marine environment that enjoy the support of many other regional, national and global institutions. Vessel- sourced pollution is one of the major sources of marine pollution that encompasses accidental as well as, intentional discharge of oil and chemicals, dumping, etc. The Malaysian legal framework requires the consent of the relevant authority for a discharge that is above the quantity allowed. However, despite the fact that there have been numerous regulations on the pollution of the marine waters it appears that pollution by vessels is still on the increase. The legal framework stipulating conditions for discharge of oil at seas is well established in many jurisdictions like Malaysia, however, some of the legal regulations appear to be inadequate, thereby threatening the marine environment and causing irreparable damage. This paper recommends prior consent of the appropriate authority and a stiffer penalty for every discharge of oil by vessels in order to avert hazardous damage.