24
University of Tromsø Intervention when causalities pose threat of pollution
University of Tromsø
Intervention when causalities pose threat of pollution
University of Tromsø 2
Place of intervention
Internal waters
Territorial seas
High seas
University of Tromsø 3
Primary norms
Secondary norms
University of Tromsø 4
Harmonization
1969 Intervention Convention
1982 Law of the Sea Convention
Customary law
University of Tromsø 5
Freedom of navigation
University of Tromsø 6
University of Tromsø 7
The Intervention Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties (29 November 1969)
1973 Protocol
University of Tromsø 8
Article I
“Parties to the present Convention may take such measures on the high seas as may be necessary to prevent, mitigate or eliminate grave and imminent danger to their coastline or related interests from pollution or threat of pollution of the sea by oil, following upon a maritime casualty or acts related to such a casualty, which may reasonably be expected to result in major harmful consequences.”
University of Tromsø 9
Article I
“Parties to the present Convention may take such measures on the high seas as may be necessary to prevent, mitigate or eliminate grave and imminent danger to their coastline or related interests from pollution or threat of pollution of the sea by oil, following upon a maritime casualty or acts related to such a casualty, which may reasonably be expected to result in major harmful consequences.”
University of Tromsø 10
Article II
‘“maritime casualty” means a collision of ships, stranding or other incident of navigation, or other occurrence on board a ship or external to it resulting in material damage or imminent threat of material damage to a ship or cargo’
University of Tromsø 11
Article I, paragraph 2
‘However, no measures shall be taken under the present Convention against any warship or other ship owned or operated by a State and used, for the time being, only on government non-commercial service.’
University of Tromsø 12
Article I
“Parties to the present Convention may take such measures on the high seas as may be necessary to prevent, mitigate or eliminate grave and imminent danger to their coastline or related interests from pollution or threat of pollution of the sea by oil, following upon a maritime casualty or acts related to such a casualty, which may reasonably be expected to result in major harmful consequences.”
University of Tromsø 13
Article I
“Parties to the present Convention may take such measures on the high seas as may be necessary to prevent, mitigate or eliminate grave and imminent danger to their coastline or related interests from pollution or threat of pollution of the sea by oil, following upon a maritime casualty or acts related to such a casualty, which may reasonably be expected to result in major harmful consequences.”
University of Tromsø 14
Article V
‘Measures taken by the coastal State in accordance with Article I shall be proportionate to the damage actual or threatened to it.’
University of Tromsø 15
Procedural rules
Before measures are taken:
- Consultations with affected States
- Notifications of interested persons
- May consult experts enlisted by IMO
After measures are taken:
- Notification of States and persons concerned and Secretary General of IMO
University of Tromsø 16
Article VI
‘Any Party which has taken measures in contravention of the provisions of the present Convention causing damage to others, shall be obliged to pay compensation to the extent of the damage caused by measures which exceed those reasonably necessary to achieve the end mentioned in Article I.’
University of Tromsø 17
Customary law
- Self-preservation/self-protection
- Torrey Canyon and the Intervention Convention
- UNCLOS III
University of Tromsø 18
Law of the Sea Convention 1982
University of Tromsø 19
LOSC Article 221
“Nothing in this Part shall prejudice the right of States, pursuant to international law, both customary and conventional, to adopt and enforce measures beyond the territorial sea proportionate to the actual or threatened damage to protect their coastline and related interests, including fishing, from pollution or threat of pollution following upon a maritime casualty or acts relating to such a casualty, which may reasonably be expected to result in major harmful consequences.”
University of Tromsø 20
LOSC Article 221
“Nothing in this Part shall prejudice the right of States, pursuant to international law, both customary and conventional, to adopt and enforce measures beyond the territorial sea proportionate to the actual or threatened damage to protect their coastline and related interests, including fishing, from pollution or threat of pollution following upon a maritime casualty or acts relating to such a casualty, which may reasonably be expected to result in major harmful consequences.”
University of Tromsø 21
LOSC Article 221
“Nothing in this Part shall prejudice the right of States, pursuant to international law, both customary and conventional, to adopt and enforce measures beyond the territorial sea proportionate to the actual or threatened damage to protect their coastline and related interests, including fishing, from pollution or threat of pollution following upon a maritime casualty or acts relating to such a casualty, which may reasonably be expected to result in major harmful consequences.”
University of Tromsø 22
Preparatory works
‘The Soviet delegation …wished to make clear that the proposed text of article [221] should not be held to give the coastal State more extensive rights of intervention in cases of maritime casualty than the rights of intervention it already enjoyed under the terms of the [Intervention Convention]. The words “pursuant to international law, both customary and conventional” meant only one thing: they gave States which were not parties to the 1969 Convention the right to intervene within the limits defined by that Convention.’
University of Tromsø 23
Impact on the Intervention Convention
Impact on customary law
University of Tromsø 24
Thank you for the attention
