Maritime Transport of Environmentally Damaging Materials - A Balance Between Absolute Freedom and Strict Prohibition

Thaqal S. Al-Ajmi
PO Box 59123, Doha,
Kuwait 93152


This study is intended to balance the rights of free navigation in all of its forms whether in the high seas or in the territorial waters of other States by resorting to the right of innocent passage and right of transit passage, which is enjoyable by all States and the obligation to protect the environment from any damaging materials as imposed upon all States at the same time, when such damaging materials are shipped from one State to another via seas or oceans. According to this study, which presented many evidence from international law and regional and even national practice, the obligation to protect the environment supersedes the right of free navigation, therefore restricting the right to ship or transport materials that could cause damage to the environment.


UNCLOS, Basel Conventions, environmental impact assessment, right to free navigation, International Atomic Energy Agency Code of Practice, hazardous waste, pollution, environmental law, international law, Rio Declaration.             LEAD Journal - ISSN 1746-5893