UN Conference Highlights Urgent Need for Stronger Maritime Pollution and Liability Laws
At the recent United Nations Ocean Conference in Nice, France, the environmental advocacy group Friends of Marine Life (FML), based in Thiruvananthapuram, presented a compelling case for tougher international maritime liability and pollution laws. Their intervention was prompted by two successive maritime accidents off the coast of Kerala, India: the sinking of the container vessel MSC Elsa 3 on May 25 and the onboard fire aboard MV Wan Hai 503 on June 9.
The MSC Elsa 3, a Liberian-flagged container ship en route from Vizhinjam to Kochi, developed a severe list and ultimately sank approximately 38 nautical miles off Kochi on May 25, causing a substantial oil slick and releasing numerous containers, some of which were hazardous, most notably calcium carbide, into the Arabian Sea. All 24 crew members were safely rescued, but authorities launched a criminal investigation, charging the vessel’s owner, master, and crew with reckless navigation and negligent handling of hazardous substances.
Barely two weeks later, MV Wan Hai 503, a Singapore-flagged container ship carrying chemical cargo, caught fire off Kozhikode on June 9. The blaze provoked an urgent marine pollution warning, and the Indian Directorate General of Shipping indicated that vessel owners may face criminal charges due to inadequate containment and delay in extinguishing the fire.
FML’s representatives emphasized that current maritime legal frameworks are insufficient to ensure accountability for environmental harm. They called for an international liability regime that holds corporations, whether carriers or manufacturers, responsible for pollution events at sea, particularly when chemical or plastic waste is involved. In addition to civil liability, they urged criminal prosecution for negligence in maritime operations affecting coastal ecosystems, freshwater supplies, fisheries, and local economies.
The Reykjavik Vigo treatise and other global frameworks are still pending universal ratification. Notably, the 1996 HNS Convention, designed to regulate hazardous and noxious substances, has yet to enter into force due to insufficient ratification. Meanwhile, international pressure is mounting to accelerate the enforcement of MARPOL and the Nairobi Wreck Removal Convention, both administered by the International Maritime Organization.
These calls for reform align closely with broader environmental, social, and governance (ESG) trends. As noted by climate envoy John Kerry at the conference, only around 3 percent of the ocean is protected, and plastic pollution and emissions from shipping operations remain rampant . The conference concluded with a growing consensus on advancing the High Seas Treaty into global law, building marine protected areas, and strengthening ocean governance—setting the stage for more enforceable maritime pollution controls .
Looking ahead, the central question remains: will international lawmakers respond by closing loopholes in liability regimes, mandating corporate responsibility, and enforcing criminal penalties for environmental negligence at sea? The near-term outcomes will determine whether recent maritime disasters serve as the catalysts needed for global maritime law reform—or simply fade as isolated events.
