Concept:
Marine pollution is governed by a complex set of international treaties. Determining the correct legal instrument depends on the nature of the pollutant and the source of the discharge.
Step 1: Evaluating the options.
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BBNJ Treaty: Concerns marine biodiversity in areas beyond national jurisdiction.
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London Convention 1972: Specifically regulates the dumping of wastes at sea, not accidental or operational ship discharge of oil.
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MARPOL Convention: This is the International Convention for the Prevention of Pollution from Ships. It is specifically designed to control pollution from operational or accidental oil discharges from marine vessels.
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UN Fish Stocks Agreement: Focuses on migratory fish management.
Step 2: Conclusion.
For a case involving a ship discharging oil, the MARPOL Convention is the primary and most comprehensive regulatory instrument.
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Applicable Convention for Ship-source Oil Discharge = MARPOL Convention
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The MARPOL Convention
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