K.M.M.M. Jayathilaka
University of Peradeniya
Marine bio-invasion through ballast water is regarded as one of the greatest environmental threats in the 21st century. Ballast water-mediated transport of Aquatic Invasive Species (AIS) poses threats to the health of marine ecosystems, incurs losses to local economies and harms human health. Therefore, with the rise of a new century, nation states sought to bring ballast water discharges under appropriate regulatory control on a local level. The failure of local efforts aimed at addressing the adverse effects of ballast water emissions paved the way for the adoption of the Ballast Water Management Convention in 2004 (BWM Convention). It provides for a cohesive and comprehensive set of standards with universal application on ballast water management. In the absence of a concrete regulatory structure on ballast water management in Sri Lanka, a variety of marine ecosystems found around the country, which are directly linked with the economy of the country, are under great threat as ballast water transfer is the main reason for the spread of IAS in Sri Lankan waters.
Therefore, this study examines the necessity of ratifying and the obstacles that lie on the road to the ratification of the BWM Convention by Sri Lanka. This research is doctrinal, carried out with the aid of primary sources such as domestic and international legislation and secondary sources such as books and journal articles. This study suggests the immediate ratification of the BWM Convention given the high risk of marine pollution through the discharge of ballast water in Sri Lankan waters. Further, the absence of a national ocean management policy, the scarcity of January 2024 experienced and trained personnel on ballast water management, inadequate technology to handle scientific activities in Port State Control divisions and a lack of international cooperation in the region to obtain financial aid and gain the necessary knowledge on ballast water management strategies are identified as the main challenges to ratifying the BMW Convention by Sri Lanka.
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