The evidentiary challenges of using satellite technologies to enforce ship-source marine pollution standards on the high seas

Abstract

Despite international regulatory efforts, the marine areas beyond national jurisdiction continue to be subject to increasing levels of environmental stress and degradation from international shipping activities. Specifically, the absence of effective and enforceable mechanisms has both allowed and incentivized ocean-going vessels to skirt international regulations on ship source pollution, resulting in the dumping of pollutants such as oily bilge water on the high seas with relative impunity. One on-going technological development that has sparked hope for breaking this current status quo is satellite technologies. By utilizing a platform of sensors such as synthetic aperture radar and high-resolution video-imaging sensors, satellite systems are capable of providing and documenting real-time discharges of ship-source pollution within the high seas. While several states have incorporated emerging satellite technologies into their administrative and regulatory practices for maritime environmental protection, their adoption within the judiciary remains limited. This article therefore explores the current legal evidentiary challenges associated with the use of satellite images and data before the courts as evidence of marine pollution on the ABNJ and advocates two policy initiatives for the International Maritime Organization to support their judicial integration.

Keywords

• Satellite evidence
• Remote sensing
• Marine pollution
• ABNJ
• High seas
• Ship source pollution