Intervention when causalities pose threat of pollution

1. Intervention when causalities pose threat of pollution

2. Place of intervention • Internal waters • Territorial seas • High seas

3. Primary norms • Secondary norms

4. Harmonization • 1969 Intervention Convention • 1982 Law of the Sea Convention • Customary law

5. Freedom of navigation

7. The Intervention Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties (29 November 1969) • 1973 Protocol

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.”

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.”

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’

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.’

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.”

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.”

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.’

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

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.’

17. Customary law • - Self-preservation/self-protection • - Torrey Canyon and the Intervention Convention • - UNCLOS III

18. Law of the Sea Convention 1982

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.”

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.”

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.”

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.’

23. Impact on the Intervention Convention • Impact on customary law

24. Thank you for the attention