22 Juni 2024

NEGLIGENT SEA WATER SAMPLING FACES IRAN’S COMPENSATION CLAIM IN THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA (ITLOS)

 NEGLIGENT SEA WATER SAMPLING FACES IRAN’S COMPENSATION CLAIM IN THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA (ITLOS)

Jakarta, June 22, 2024

By: Rear Admiral (Ret.) Adv Soleman B. Ponto ST SH MH CPM CParb*)


It has been almost ten months since the MT Arman 114 case has yet to be resolved. MT Arman 114 was brought to court on charges of marine pollution. To prove marine pollution, sea water sampling is undoubtedly necessary. The procedures for sea water sampling are crucial to verify whether marine pollution has occurred. This is why MARPOL MEPC ISO or other IMO manuals have provided guidelines for sea water sampling procedures.

In the case of MT Arman 114, if it is proven that the sea water sampling did not comply with the standard guidelines set by MARPOL MEPC ISO or other IMO manuals, Iran could claim compensation by asserting that the sea water sampling was not conducted according to international standards.

One of the commonly used guidelines is MEPC.182(59), adopted by the Marine Environment Protection Committee (MEPC) of the International Maritime Organization (IMO). This guideline provides directions for sampling and analyzing sea water to detect marine pollution.

Here are some key aspects regulated in this guideline:

MEPC.182(59) is a standard procedure for sampling and analyzing sea water. This guideline is designed to assist IMO member states in monitoring and controlling marine pollution, especially from ships.


Sampling Procedure


Sampling Planning:

  • Determine the purpose of sampling and the parameters to be analyzed.
  • Select representative sampling locations for the monitored area.
  • Determine the sampling frequency based on potential pollution sources and environmental conditions.

Sampling Equipment:

  • Use appropriate and calibrated equipment to ensure sample integrity.
  • Commonly used equipment includes Niskin bottles for water column samples, surface water samplers, and other suitable devices for the required analysis type.

Sampling Methods:

  • Surface Water: Take samples from the sea water surface layer carefully to avoid disturbing the water layer.
  • Water Column: Use tools like Niskin bottles that can be activated at specific depths to take samples from various water column layers.
  • Sediment: Collect samples from the seabed if necessary using special tools designed to collect sediment without contamination.

Sample Handling and Preservation:

  • Immediately store samples in appropriate containers after collection to avoid contamination.
  • Use preservatives if necessary for specific analyses, such as adding acid for heavy metal analysis.
  • Store samples at low temperatures (usually 4°C) and in dark conditions until ready for analysis.

Analysis Procedure


Accredited Laboratory:

  • Samples must be analyzed in an accredited laboratory to ensure accuracy and precision of results.
  • Laboratories must use internationally recognized analysis methods in accordance with relevant ISO standards.

Analysis Methods:

  • Analysis methods must follow established protocols for specific parameters, such as chemical analysis for organic pollutants or heavy metals.
  • Use appropriate technology and equipment to identify and measure pollutant concentrations in sea water samples.

Reporting and Documentation


Sampling Records:

  • Complete documentation of sampling conditions and procedures, including date, time, location, depth, and weather conditions during sampling.
  • Details of equipment used and sample preservation methods.

Reporting Results:

  • Analysis results must be clearly reported, including detected pollutant concentrations and data interpretation in relation to applicable environmental standards.
  • Reports should include recommendations for further action if pollutants are detected at concerning levels.

Relation to the Detention of MT Arman 114

In the case of the detention of the MT Arman 114, it is crucial to ensure that all sea water sampling and analysis procedures have been conducted in accordance with MEPC.182(59) guidelines. If these procedures were not followed, the validity of the evidence used in court could be questioned. This could significantly impact the trial outcome, potentially opening the door for Iran to bring the case to the International Tribunal for the Law of the Sea (ITLOS).


*) Chief of Indonesian Arm Forces Strategic Intelligence (2011-2013)

 

 

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