Sailing Towards Sustainability: MARPOL, Maritime Sustainability & The Power of Emerging Technologies

ABOUT THE AUTHOR:

This article was written by Ms. Sanam MS, who is currently pursuing her BA.LLB from Government Law College Thiruvananthapuram.

ABSTRACT:

The ‘International Convention for the Prevention of Pollution from Ships (MARPOL)’ is a key component of global initiatives to reduce marine pollution since it sets important rules to regulate both intentional and accidental ship discharges. This paper examines MARPOL’s impact on environmental sustainability worldwide with an emphasis on its operational implementation in India. The ongoing enforcement issues, unclear jurisdiction, and poor port reception facilities are the issues currently hampering the convention’s full effectiveness in India, even though India has incorporated important MARPOL provisions into its own laws, such as The Merchant Shipping Act, 1958. The 2017 Ennore (Kanchipuram) ship collision off Chennai, releasing over 250 tonnes of oil along the coast, killing marine life and ruining local fisheries, is a prime example of how gaps in monitoring, response coordination, and enforcement can amplify ecological harm. Recent studies suggest that Al can bridge these gaps. Recent studies suggest that Al can bridge these gaps. Recent studies suggest that Al can bridge these gaps. Particularly, deep learning models like U-Net, DeepLabV3+, and YOLO variants display excellent accuracy in identifying marine debris and detecting oil spills from Synthetic Aperture Radar (SAR) imagery. Another perk of UAV- based monitoring includes the broad-scale monitoring of marine debris at a lower cost than manual inspection in areas like the Great Pacific Garbage Patch.

INTRODUCTION:

Our ocean, often cited as the “Blue Lungs” of the earth, is more than just the expanse of the colour blue on the map. It generates more than half of our planet’s oxygen while absorbing around 23% of annual CO₂ emissions generated by human activity and helps mitigate the impacts of climate change by absorbing more than 90% of the excess heat in the climate system^1[1] .. Yet, the very lifeline of our planet is now choking on oil, plastics and noxious gases. Every year, 8 to 10 million tonnes of plastic waste enter the seas, while 80% of marine pollution originates from land-based activities². Growing worries about the effects of maritime operations on the environment, including emissions from ships, oil spills, waste disposal, and sewage outflow, led to the adoption of the International Convention for the Prevention of Pollution from Ships, 1973, later modified by the 1978 Protocol, popularly known as MARPOL 73/78 by the International Maritime Organization³. Today, MARPOL stands as the foundation of international efforts to combat shipping pollution. Uniting more than 150 countries under a mutual obligation to prevent and mitigate maritime pollution, MARPOL created a binding legal framework with 6 annexes addressing oil, noxious liquid substances, harmful substances in packaged form, sewage, garbage, and air pollution. Its origin is rooted in disasters like the Torrey Canyon spill of 1967, which highlighted the devastating costs of unregulated shipping⁴.

Shipping is the backbone of global trade, moving over 80% of goods traded worldwide by volume.⁵ The IMO itself has stressed that, sustainable shipping is not just an environmental necessity, but also a social and economic one. Thus, MARPOL functions as a system that integrates maritime law with principles of sustainability. Despite its thorough framework, the effectiveness of MARPOL remains inconsistent. Many states, particularly developing maritime powers like India, face continuing challenges in translating international commitments into practice. Insufficient port reception facilities, jurisdictional intersections among enforcement agencies and weak penalties have often. The scope of this research is dual. First, it undertakes a theoretical analysis of MARPOL’s legal framework, its incorporation into Indian law through instruments such as the Merchant Shipping Act, 1958, and the functioning of enforcement institutions like the Directorate General of Shipping and the Indian Coast Guard. It also employs a case study method to evaluate the Ennore oil spill of 2017 as a perspective to understand enforcement deficiencies. Second, the subsequent sections will explore the potential of emerging technologies such as artificial intelligence, SAR, and UAVs to enhance enforcement capacity. The methodology is theoretical, relying on Indian statutes, judicial decisions and treaty texts primarily and secondary reliance on scholarly articles, research papers, government reports and news articles.

MARPOL IN THE INDIAN CONTEXT:

India, with a coastline of more than 7,500 kilometres, relies heavily on maritime transport for trade. As per the data by the Ministry of Shipping, approximately 95% of India’s trade by volume and 68% by value is moved through maritime transport⁶. Negative implications on the environment due to this dependence have compelled the incorporation of international obligations like MARPOL into national legislation. India has ratified Annexes I and II in 1986, Annexes III, IV, and V in 2003, and Annex VI in 2011⁷. These annexes were in due course, integrated into Indian law through amendments to the Merchant Shipping Act, 1958 to reflect MARPOL’s annexes.

For example:

• MARPOL Annex I is implemented through The Merchant Shipping (Prevention of Pollution by Oil from Ships) Rules,2010,

• MARPOL Annex II is reflected in The Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Rules, 2010.

• Annexes III, IV, and V are similarly integrated through specific rules on harmful substances, sewage, and garbage

When it comes to inspection and monitoring, under Chapter XIA of the Merchant Shipping Act, 1958, all Indian-registered ships are required to comply with MARPOL-related provisions⁸. Vessels are subject to annual inspection, while new ships must  undergo an initial inspection to certify that they are equipped with pollution prevention devices. Surveyors of the Mercantile Marine Department are empowered under Section 356G of the Act to conduct surprise inspections of Indian and foreign-flagged vessels, ensuring compliance with MARPOL rules. Ships found in contravention may be detained until deficiencies are rectified, with detention fees imposed as an enforcement  measure. The lack of port reception facilities leads to non-compliance. Recognizing this, incorporation of Section 3561 mandated ports to provide reception facilities for oil waste, garbage and sewage.¹⁰To integrate this, the director general of shipping has developed an online portal called “SwachhSagar”, which enables ships to request reception services hence, ensuring better accountability in waste disposal. When it comes to Air Pollution and Annex VI Implementation, The DGS has issued Engineering Circular 02 of 2019, which implements MARPOL Annex VI, which restricts the sulphur content of marine fuel to 0.5%m/m from 1st January 2020. Enforcement is carried out through inspections of bunker delivery notes and sampling of fuel, positioning India with the IMO’s 2020 global sulphur cap standards.

 National enforcement bodies

Directorate General of Shipping: The Directorate General of Shipping in India handles the implementation of shipping policy and laws to ensure safety at sea, prevent marine pollution, and promote maritime education and training in coordination with the International Maritime Organization. It is entrusted with administering the Merchant Shipping Act, 1958, and framing subordinate rules to incorporate MARPOL annexes.

Port State Control Officers (PSCOs): PSCOs authorized by the DGS, conduct inspections of both Indian and foreign vessels to check compliance with MARPOL certification and operational standards.

Indian Coast Guard: Indian Coast Guard established under The Coast Guard Act,1978, The Coast Guard are frontliners in oil spill response and marine environmental protection. It maintains the National Oil Spill Disaster Contingency Plan (NOS-DCP), under which it coordinates clean-up operations.

Ministry of Ports, Shipping and Waterways (MoPSW): Ministry of Ports, Shipping and Waterways has been entrusted with the responsibility to formulate policies and programs on the subject of maritime policy, including the implementation of the Maritime India Vision 2030, which integrates sustainability goals like reducing port emissions and improving waste reception facilities.

Emerging Technologies and use of AI solutions

Historically, manual inspections and irregular aerial surveys both expensive and with limited coverage have been the pillar of MARPOL enforcement. Indian authorities can now continuously and more affordably monitor large ocean areas due to the rapid advancements in Artificial Intelligence (AI) and remote sensing, shifting from reactive cleanup to proactive prevention.

Satellite Monitoring and Synthetic Aperture Radar

Synthetic Aperture Radar (SAR) satellites work in both day or night, regardless of cloud cover, and can identify minute variations in sea-surface texture brought by oil films and floating debris. Adequate data streams are already available from the European Sentinel mission and India’s RISAT (Radar Imaging Satellite). The Coast Guard and the Directorate General of Shipping can obtain real time alerts when these photos are analyzed by Al algorithms that have been trained to identify the characteristic “damp” radar signature of spills instead of waiting for manual reports.

AI Models for Image Recognition

The introduction of deep-learning techniques has significantly enhanced the precision of pollution detection tasks. Convolutional neural networks such as U-Net and DeepLabV3+ can perform pixel-level segmentation to create the precise shape of an oil slick or patch of floating debris. For real-time applications, there is a particular promise of improved performance with object-detection models, such as YOLO (You Only Look Once) detection.

A recent survey of 28 studies on marine-debris detection (Moorton et al, 2024)¹⁵ found that YOLO versions often provide the best balance between speed and accuracy and are therefore well suited for live video from drone sensors or port side cameras.

Drone and Edge-Based Surveillance

Unmanned Aerial Vehicles (UAVs) allow monitoring in between satellite revisit times. Drones equipped with infrared cameras can fly low for more detailed monitoring, transmit high resolution images, or even run lightweight AI models onboard so that any suspicious discharges are noted immediately, without the need for continuous internet connection. They can also install sampling devices into areas that are otherwise difficult to access, improving response time after a spill.

Legal framework for AI enabled maritime surveillance

The legal environment surrounding MARPOL enforcement in India has drastically changed using artificial intelligence (AI) in maritime surveillance. Electronic records must be authenticated using stringent protocols outlined in Section 62 and Section 63 of the Bharatiya Sakshya Adhiniyam 2023¹⁶. Only when the chain of custody is proved to be secure will the images created from satellite Synthetic Aperture Radar (SAR) data or drone feeds processed by convolutional neural networks like U-Net or DeepLabV3+ be useful in enforcement actions. Second, widespread remote sensing raises concerns about cybersecurity and data protection. Subsidiary information about ships, ports, or even coastal communities may be obtained through ongoing satellite and UAV monitoring. While the Information Technology Act 2000 requires safeguards against unauthorized access or alteration of electronic information, the Digital Personal Data Protection Act 2023 requires government agencies to minimize and secure any personal data they collect. Third, liability is now more stringent by the spread of autonomous systems. Section 253-254 of The Merchant Shipping Act of 1958, currently places a large portion of the blame for pollution on ship owners and operators.

The European Union offers one of the clearest examples  through the CleanSeaNet program, operated by the European Maritime Safety Agency (EMSA). Importantly, CleanSeaNet is not just a technical exercise, it is built into the EU’s broader liability and enforcement regime, which means that a spill detected from space can trigger sanctions and claims for compensation under the Civil Liability and Fund Conventions¹⁷. The U S Coast Guard applies predictive evaluation through its Marine Information for Safety and Law Enforcement (MISLE) database to spot any irregularities in the vessel movements that could signal unlawful discharges. At the same time, the National Oceanic and Atmospheric Administration (NOAA) uses satellite and AI generated data to forecast the path of spills¹⁸. Rather than replacing personnel, these systems support decision-making and allow faster more informed responses. In Singapore, where maritime traffic is extremely high, the Maritime and Port Authority (MPA) has developed Next-Generation Vessel Traffic Management Systems¹⁹. These combine drone-based inspections with AI assisted image recognition for port waters.

CASE STUDY: Ennore Oil Spill 2017

The Chennai (Ennore) oil spill of January 2017 stands as a testament of gaps in legislation and lack of coordination and preparedness among various enforcement authorities. Immediately after the collision, Kamarajar Port Limited issued a statement claiming that “no damage to the environment like oil pollution” had occurred and that the situation was “under control”¹². In reality, the port authorities initially kept the Indian Coast Guard uninformed and underplayed the incident. The oil slick spread along 35 km of Chennai’s coastline, disrupting the marine ecosystem. A fishing ban was imposed, which led to thousands of fishermen losing their daily income. respiratory illnesses and skin disorders were reported among coastal residents engaged in cleanup efforts. What stood out against this backdrop is the structural shortcoming of India’s legal and institutional frameworks.

Assessment of Legislative Gaps in India’s domestic legal framework:

The Ennore spill highlighted several legislative and policy deficiencies in India’s MARPOL implementation: When it comes to the Merchant Shipping Act, 1958, even though it incorporates MARPOL’s annexes, penalties under the Act remain civil and limited which allows shipowners to limit liability at the vessel’s value. There is no robust criminal liability for oil pollution, diluting deterrence¹³. Lack of specialized provisions customized for maritime pollution leaves ambiguity about the applicability of broad legislations such as Environment (Protection) Act, 1986 and CRZ rules in cases like Ennore oil spill. In the event of a catastrophe like ship collision which leads to oil spill, proper damage assessment mechanisms are indispensable. South Korea after the devastating incident of Hebei Spirit oil spill, has developed high technology mechanisms for quantifying ecological harm.¹⁴

CONCLUSION:

While India has incorporated various annexes of MARPOL into its domestic legislation through subsequent amendments of the Merchant Shipping Act and related environmental statutes, enforcement remains uneven. The Chennai (Ennore) oil spill of January 2017 stands as a testament of gaps in legislation and lack of coordination and preparedness among various enforcement authorities. Ultimately, the future of maritime environmental protection lies in integrating legislation with technological innovation, where tools like artificial intelligence and satellite monitoring can overcome enforcement gaps and support sustainable shipping. Maritime surveillance’s inclusion of Artificial intelligence manifests a significant regulatory challenge as well as a revolutionary opportunity for India’s MARPOL compliance. Large ocean areas can be now constantly, economically, and precisely be monitored because of the emerging technologies such as Synthetic Aperture Radar satellites, drone based monitoring, and advanced image recognition models like the U-Net, DeepLabV3+, and YOLO. Comparative experiences from Singapore, the US, and the EU show that these technologies greatly improve enforcement results when they are combined into strong institutional and legal frameworks. However, India’s current legal system which is Rooted on the Merchant Shipping Act of 1958¹⁵, the Bharatiya Sakshya Adhiniyam of 2023¹⁶, and the Information Technology Act of 2000¹⁷ still doesn’t fully address the problems of evidentiary admissibility, cybersecurity, privacy, and liability. The extent of liability that can result from maritime disasters as well as the court’s willingness to accept digital evidence is demonstrated in the two recent court decisions of The Kerala High Court’s decision in the MSC Elsa-3 case¹⁸ and Anvar P. K. v. P. K. Basheer¹⁹. To overcome the gap between technological capability and legal enforceability, it will be important to establish a National Maritime AI Database, Laws that govern AI Generated Evidence, implement strong cybersecurity measures, and implement a layered liability model.

FOOTNOTES:

1. United Nations, ‘The Ocean – Our Greatest Ally Against Climate Change’ (United Nations) https://www.un.org/en/climatechange/science/climate-issues/ocean (accessed 21 August 2026).
2. United Nations, ‘Goal 14: Oceans’ (United Nations Sustainable Development) https://www.un.org/sustainabledevelopment/oceans/ (accessed 21 August 2026).
3. International Maritime Organization, ‘International Convention for the Prevention of Pollution from Ships (MARPOL)’ (IMO) https://www.imo.org/en/about/conventions/pages/international-convention-for-the-prevention-of-pollution-from-ships-(marpol).aspx (accessed 21 August 2026).
4. International Maritime Organization, ‘International Convention for the Prevention of Pollution from Ships (MARPOL)’ (IMO) https://www.imo.org/en/about/conventions/pages/international-convention-for-the-prevention-of-pollution-from-ships-(marpol).aspx (accessed 21 August 2026).
5. UNCTAD, ‘Shipping Data: UNCTAD Releases New Seaborne Trade Statistics’ (23 April 2025) https://unctad.org/news/shipping-data-unctad-releases-new-seaborne-trade-statistics (accessed 21 August 2026).
6. Ministry of Ports, Shipping and Waterways, Government of India, ‘Maritime India Vision 2030’ (MoPSW, 2021).
7. Merchant Shipping Act 1958, s 356I (India Code).
8. International Maritime Organization, ‘Status of Multilateral Conventions and Instruments in Respect of Which the IMO or its Secretary-General Performs Depositary or Other Functions’ (2026) https://wwwcdn.imo.org/localresources/en/About/Conventions/StatusOfConventions/Status%202026.pdf (accessed 21 August 2026).
9. Merchant Shipping Act 1958, ch XIA (India Code).
10. Merchant Shipping Act 1958, s 356G (India Code).
11. Ministry of Ports, Shipping and Waterways, Government of India, ‘Maritime India Vision 2030’ (MoPSW, 2021).
12. National Green Tribunal, The matter concerning oil spill following collision between MT BW Maple and MT Dawn Kanchipuram off Chennai, Original Application No 54 of 2017 (National Green Tribunal, Southern Zone).
13. Merchant Shipping Act 1958, ss 352–356 and relevant provisions concerning limitation of liability for pollution damage (India Code).
14. International Oil Pollution Compensation Funds, ‘Hebei Spirit’ (IOPC Funds) https://www.iopcfunds.org/ (accessed 21 August 2026).
15. The Merchant Shipping Act, 1958, Act No. 44 of 1958 (India).
16. The Bharatiya Sakshya Adhiniyam, 2023, Act No. 47 of 2023 (India), particularly §§ 61–63 concerning electronic and digital records and their admissibility.
17.  The Information Technology Act, 2000, Act No. 21 of 2000 (India), particularly §§ 3, 3A, 4 and 5 concerning authentication and legal recognition of electronic records and electronic signatures.
18. Elsa 3 Maritime Inc. v. R. Saji Surendran, F.A.O. (Admiralty) Nos. 1–6 of 2026, 2026:KER:43638, Kerala High Court, decided 18 June 2026.
19. Anvar P.V. v. P.K. Basheer & Ors., (2014) 10 SCC 473 (Supreme Court of India), concerning the admissibility and proof of electronic records.

REFERENCES:

1. Zoe Moorton, Zeyneb Kurt and Wai Lok Woo, ‘State of the Art Applications of Deep Learning within Tracking and Detecting Marine Debris: A Survey’ (2024) arXiv:2403.18067 https://arxiv.org/abs/2403.18067.
2. Bharatiya Sakshya Adhiniyam 2023, ss 62–63 (India Code).
3. European Maritime Safety Agency, ‘CleanSeaNet’ (EMSA) https://www.emsa.europa.eu/csn-menu.html (accessed 21 August 2026); International Maritime Organization, International Convention on Civil Liability for Oil Pollution Damage, 1992 and International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992.
4. United States Coast Guard, ‘Marine Information for Safety and Law Enforcement (MISLE)’ (USCG); National Oceanic and Atmospheric Administration, ‘Office of Response and Restoration: Oil Spill Response’ (NOAA).
5. Maritime and Port Authority of Singapore, ‘Next Generation Vessel Traffic Management System’ (MPA, 2024) https://www.mpa.gov.sg/ (accessed 21 August 2026).

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