States in 3 capacities in protecting and preserving marine environment from harmful impacts of shipping: the Estonian perspective

Abstract

Even though Estonia has acted well in giving its consent to relevant international obligations, aiming at the protection and preservation of the marine environment, as well as accepting civil liability and compensation for pollution damages according to the principle the “polluter must pay”, the author is not satisfied with how this extremely important field of law has been implemented on the national law level. No special legal act devoted to the protection and preservation of the marine environment has been either elaborated or passed yet. According to the author`s hypothesis, it is conceptually wrong to rely mainly on provisions of international law and implement that in national law by incorporating those provisions randomly – without any systematic approach – into the Water Law Act , which is meant to regulate the use and protection of rivers, lakes and groundwater. Because of several important aspects, this approach in legal regulation makes it cumbersome and unclear for every person in Estonia as well as for relevant state authorities.

Even though Estonia has acted well in giving its consent to relevant international obligations, aiming at the protection and preservation of the marine environment, as well as accepting civil liability and compensation for pollution damages according to the principle the “polluter must pay”, the author is not satisfied with how this extremely important field of law has been implemented on the national law level. No special legal act devoted to the protection and preservation of the marine environment has been either elaborated or passed yet. According to the author`s hypothesis, it is conceptually wrong to rely mainly on provisions of international law and implement that in national law by incorporating those provisions randomly – without any systematic approach – into the Water Law Act[1], which is meant to regulate the use and protection of rivers, lakes and groundwater. Because of several important aspects, this approach in legal regulation makes it cumbersome and unclear for every person in Estonia as well as for relevant state authorities.

[1]See Veeseadus (Water Law Act) – RT  I, 28.06.2015, 10.