International ocean law
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International Ocean Law. Jurisdiction Marine Pollution International Fishing. Why the Oceans Matter. 70% of the earth is covered in seas Food source Pollution assimilation – especially CO2 Shipping and transportation We know very little about the oceans. Jurisdiction.

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International Ocean Law

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International ocean law

International Ocean Law

Jurisdiction

Marine Pollution

International Fishing


Why the oceans matter

Why the Oceans Matter

  • 70% of the earth is covered in seas

    • Food source

    • Pollution assimilation – especially CO2

    • Shipping and transportation

  • We know very little about the oceans


Jurisdiction

Jurisdiction

  • Background principle

    • Freedom of the seas

      • Historically = free passage/ free fishing

      • “tragedy of the commons”

    • Customary limitation: territorial seas

      • 3 miles from coast

      • “cannon shot rule”


Jurisdiction1

Jurisdiction

  • Continental shelf

    • After World War II

    • United States asserted jurisdiction over natural resources and seabed of contiguous continental shelf

    • Other countries followed

      • Creeping jurisdiction + increasing disputes

    • UN Conference on the Law of the Sea 1958


Jurisdiction2

Jurisdiction

  • UNCLOS

    • United Nations Convention on the Law of the Sea

    • 1982 signed

    • 1994 entered into force

    • (but many elements were already customary law by then!)


Jurisdiction3

Jurisdiction

  • UNCLOS – Jurisdiction

    • Ports

    • Territorial Seas

    • Contiguous Seas

    • Exclusive Economic Zones

    • High seas


Jurisdiction4

Jurisdiction


Jurisdiction5

Jurisdiction

  • UNCLOS – Jurisdiction

    • Ports = internal waters

      • Full national authority (with limited exceptions)


Jurisdiction6

Jurisdiction

  • UNCLOS – Jurisdiction

    • Territorial Seas = baseline to 12 nautical miles

      • Baseline = coast/harbor walls

        • Subject to dispute

      • Coastal state authority

        • = almost complete authority

        • Subject to right of innocent passage


Jurisdiction7

Jurisdiction

  • UNCLOS – Jurisdiction

    • Contiguous Seas = 12 to 24 nautical miles

      • “Limited” coastal authority

      • Except

        • Customs

        • Fiscal

        • Immigration

        • Sanitary legislation and regulations


Jurisdiction8

Jurisdiction

  • UNCLOS – Jurisdiction

    • Exclusive Economic Zones = 12-200

      • Cover 30% of seas, 90% of commercial fisheries, and almost all minerals

      • Coastal states have sovereign right to explore, exploit, conserve and manage natural resources

        • May pass laws exercising these rights

        • May board, inspect and arrest crews on ships violating the laws


Jurisdiction9

Jurisdiction

  • UNCLOS – Jurisdiction

    • Exclusive Economic Zones = 12-200

      • Coastal states shall ensure the conservation and utilization of their living marine resources

      • States shall take measures to prevent and reduce pollution

      • States shall avoid activities under their jurisdiction that cause damage to other States and their environments


Jurisdiction10

Jurisdiction

  • UNCLOS – Jurisdiction

    • Exclusive Economic Zones = 12-200

      • But, in preventing pollution in their own jurisdiction, States shall avoid interfering with activities carried out by other States in their exercise of their rights


Jurisdiction11

Jurisdiction


Jurisdiction12

Jurisdiction

  • UNCLOS – Jurisdiction

    • Territorial v. EEZ jurisdiction – tension

      • Coastal state has regulatory jurisdiction over all sources of pollution in its territorial waters

      • In EEZ, pollution regulations must comport with generally accepted international standards – typically based on technical standards set by the International Maritime Organization (IMO)

      • Ship could be in compliance with IMO standards in EEZ, but violate State standards once in territorial waters


Jurisdiction13

Jurisdiction

  • UNCLOS – Jurisdiction

    • High seas – beyond 200 nautical miles

      • No national jurisdiction


Jurisdiction14

Jurisdiction

  • Innocent passage

    • All jurisdictional zones are subject to “innocent passage”= transit passage of vessels on the sea


Jurisdiction15

Jurisdiction

  • Innocent passage

    • Qualifications

      • Innocent passage does not protect

        • Any act of wilful and serious pollution in contravention of international law or

        • Any fishing activities

      • Coastal state may adopt laws limiting right in regard to conservation of living marine resources, preservation of environment, and control/reduction of pollution

        • But not based on design, construction, crew or equipment, unless based on international standards


Jurisdiction16

Jurisdiction

  • Coastal states v. flag states

    • Coastal states = countries with actual coastal territory

      • Have jurisdiction over ships when ships are in their territorial seas

    • Flag states = countries that license vessels to operate

      • Have jurisdiction over ships that fly their flags

      • Does not matter who owns the ship or what the nationality of the crew is – only relevant thing is the flag

      • May create problems if dealing with “flags of convenience”


Oil pollution

Oil Pollution


Oil pollution1

Oil pollution

  • Oil pollution = most pervasive problem

    • 3,200 tankers per day

    • Huge: largest supertanker = 600,000 tons of oil

      • Line of fuel trucks 320 kilometers long


Oil pollution the notorious spills

Oil Pollution: The Notorious Spills

Amoco Cadiz


Oil pollution operational discharges

Oil Pollution: Operational Discharges

If oil and ballast tanks are the same, emptying tanks will discharge oil –

0.4% of total cargo = 400 tons per voyage


Oil pollution operational discharges1

Oil Pollution: Operational Discharges


Oil pollution impacts

Oil pollution impacts

  • Impacts vary depending on type of oil

    • Different chemical compounds

    • Natural seeps are different from refined oils

      • Bacteria eat oil from natural seeps

    • Location, species, depth, etc., all matter


Oil pollution early treaties

Oil Pollution Early Treaties

  • International Convention for the Prevention of Pollution of Sea by Oil (OILPOL)

    • First – no discharges within 50 miles of coast

    • Then – no discharges unless

      • Proceeding en route

      • Discharge = less than 1/15,000 of capacity

      • Rate = less than 60 liters per mile

      • Distance = more than 50 miles from land

    • Neither worked


Oil pollution treaty marpol 73 78

Oil Pollution Treaty: MARPOL 73/78

  • Covers operational discharges, spills, and unintentional releases


Marpol 73 78

MARPOL 73/78

  • General requirements

    • States will establish international rules and standards

    • “flag states” shall adopt laws for the prevention and reduction of pollution from vessels flying their flags

    • Coastal states may adopt regulations to prevent pollution

      • May apply them to vessels during innocent passage, so long as they don’t hinder innocent passage


Oil pollution2

Oil pollution

  • MARPOL – 3 elements

    • Mandatory discharge standards

    • Construction, design, equipment, and manning specifications (CDEM)

    • Navigation standards


Marpol 73 781

MARPOL 73/78

  • MARPOL – 3 elements

    • Mandatory discharge standards

      • = limits on discharges

      • Operating procedures for washing tanks and ballast water

      • Port States must provide reception facilities


Marpol 73 782

MARPOL 73/78

  • MARPOL – 3 elements

    • Construction, design, equipment, and manning specifications (CDEM)

      • New ships must have segregated ballast tanks

      • Other requirements for filters

      • New ships need double hulls


Design standards example

Design Standards: Example


Marpol 73 783

MARPOL 73/78

  • MARPOL – 3 elements

    • Navigation standards in special areas

      • Special areas – oceanographical/ecological condition

        • Need special protection and standards

        • Examples: Mediterranean Sea, Baltic Sea, Black Sea, Red Sea, Gulf

        • No discharge allowed


Does marpol 73 78 work

Does MARPOL 73/78 work?


Marpol 73 73

MARPOL 73/73

  • MARPOL – Compliance

    • Specific tanker standards

    • Reporting and documentation requirements


Marpol 73 784

MARPOL 73/78

  • MARPOL – Compliance

    • Specific tanker standards

      • Tankers > 150 tons

      • Ships > 400 tons

      • Must get International Oil Pollution Prevention (IOPP) Certificate – shows that ship meets technical standards

      • Surveys at least every 5 years + intermediate inspection

      • IOPPs issued by international classification societies

        • Not States

        • Is this good or bad?


Marpol 73 785

MARPOL 73/78

  • MARPOL – Compliance

    • Specific tanker standards

      • If ship doesn’t meet applicable standards and ship owner/operator does not take corrective action, IOPP withdrawn and Port state notified


Marpol 73 786

MARPOL 73/78

  • MARPOL – Compliance

    • Reporting and documentation requirements

      • Oil Record Book

        • Records every ballasting/discharge

        • Loading of oil

        • Transfer of oil

        • Etc.


Marpol 73 787

MARPOL 73/78

  • MARPOL – Compliance

    • Certification societies

      • Private companies

      • Often have different standards

      • What risks?

        • Pseudo-IOPPs


Marpol 73 788

MARPOL 73/78

  • MARPOL – Compliance

    • Oil book and self-reporting

      • What risks?

      • What opportunities?


Marpol 73 789

MARPOL 73/78

  • MARPOL – Compliance

    • Oil book and self-reporting

      • What risks?

        • Would you report every time you drove over the speed limit?

      • What opportunities?

        • Passengers – garbage discharges

        • Crew – “magic pipes”


Marpol 73 78 magic pipe

MARPOL 73/78 – “Magic Pipe”


Oil pollution sources of spills

Oil Pollution: Sources of Spills


Oil pollution enforcement flag states v coastal states

Oil pollution enforcement: flag states v. coastal states

  • Flag states

    • Vessel is part of a flag state’s territory or nationality

    • Flag states can enforce against flagged vessel’s violations

      • Except coastal state authority is more powerful in territorial seas


Oil pollution enforcement flag states v coastal states1

Oil pollution enforcement: flag states v. coastal states

  • Coastal states

    • May use territorial authority to enforce against flagged vessels in their territorial seas, so long as they don’t infringe on innocent passage


Oil pollution enforcement flag states v coastal states2

Oil pollution enforcement: flag states v. coastal states

  • Port states

    • Jurisdiction based on presence of vessel in port

  • Port v. Coastal:

    • Coastal state jurisdiction – if pollution occurs in coastal waters, state acts as coastal state

    • If the only connection is based on ship’s presence, then state acts as port state


Oil pollution enforcement marpol

Oil pollution enforcement: MARPOL

  • IOPP certificates

    • Port state may inspect to verify a valid IOPP exists

    • Port state may detain ship until ship can proceed to sea without presenting unreasonable threat of harm to marine environment if

      • clear grounds for believing ship doesn’t conform to IOPP or that IOPP is not valid,

      • Clear grounds for believing master or crew is not familiar with procedures

    • If ship doesn’t have IOPP, ok to inspect


Oil pollution enforcement marpol1

Oil pollution enforcement: MARPOL

  • Coastal states may detain and institute legal proceedings if ships violate rules and cause “major damage or threat of major damage”

    • If violation happens in territorial waters, coastal state may enforce

    • Otherwise, coastal state must pass along findings to flag State for enforcement

      • Except: history of non-enforcement


Oil pollution enforcement marpol2

Oil pollution enforcement: MARPOL

  • Flag states

    • If violation alleged, flag state may

      • Find vessel not guilty

      • No action b/c insufficient evidence

      • No action for “other and unspecified reason”

      • Give a warning

      • Levy a fine

      • Take other unspecified actions


Oil pollution enforcement marpol3

Oil pollution enforcement: MARPOL

  • Flag states

    • Enforcement by Flag state preempts coastal or port State, except:

      • If discharge caused major damage to coastal State

      • If flag State has a history of non-enforcement


Oil pollution enforcement marpol4

Oil pollution enforcement: MARPOL

  • Flags of Convenience

    • Ship owners often register vessels in countries known for weak enforcement

    • 30% of world’s shipping carried by ships operating under Liberia or Panama flags

      • Can employ foreign crews for cheap wages

      • Corporate laws allow anonymity = prosecution is difficult


Oil pollution enforcement marpol5

Oil pollution enforcement: MARPOL

  • Flags of convenience – remedies?

    • Port state inspections + detention until repairs made

    • Port states may enforce violations outside of the EEZs – i.e., on the high seas

      • Coastal states may enforce for violations within EEZs


Oil pollution enforcement marpol6

Oil pollution enforcement: MARPOL

  • Flags of convenience – remedies?

    • Limits on detention

      • May detain ship to inspect and enforce

      • But may not “unduly detain”


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