prevent, reduce and control maritime pollution not only within their borders, but throughout the so-called “Convention area.” This area includes “the marine environment of the Gulf of Mexico, the Caribbean Sea and the areas of the Atlantic Ocean adjacent thereto, south of 30 deg north latitude and within 200 nautical miles of the Atlantic coasts of the States referred to in article 25 of the Convention.” 55 92. Pursuant to the general obligation of prevention, the Contracting Parties also have the obligation to assess, or to ensure the assessment of, the potential effects of their major development projects on the marine environment in order to prevent any substantial pollution, or significant and harmful changes, not only within their borders, but throughout “the Convention area.” 56 Moreover, “when a Contracting Party becomes aware of cases in which the Convention area is in imminent danger of being polluted or has been polluted, it shall immediately notify other States likely to be affected by such pollution, as well as the competent international organizations. Furthermore, it shall inform, as soon as feasible, such other States and competent international organizations of measures it has taken to minimize or reduce pollution or the threat thereof.” 93. When establishing a specific area of application, the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean created an area of functional jurisdiction located beyond the borders of the States parties and in which the latter are obliged to comply with certain obligations in order to protect the marine environment of the whole region. Evidently, the obligations contained in this Convention are not exclusive to one or a group of States parties, but rather apply to all of them. And this is so because the Wider Caribbean Region is considered a kind of “Environmental Condominium,” the protection of which is the responsibility of each and every Contracting Party. 94. Considering the potential direct and indirect effects of an event that pollutes the marine environment on the living conditions and life projects of the inhabitants of the coasts and islands, it is clear that compliance or failure to comply with the provisions of the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean will have a direct impact on the possibility of these individuals to enjoy their rights fully. 95. In this context, and in order to promote the effective protection of human rights, it is essential to clarify the Pact’s scope of application in relation to those persons who inhabit the coasts and islands of the Wider Caribbean Region in light of the obligations assumed by the States of the region when ratifying the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region in order to protect the marine environment. 55 Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region, Article 2(1). 56 Ibid. Article 12(2). 60

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