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FRIMUF-Miljø- og utviklingsforskning

Coast State Intervention Against Vessels Representing a Danger of Oil Pollution - with special emphasis on the Barents Sea.

Awarded: NOK 2.3 mill.

The purpose of the project is to examine what measures a coastal state can carry out against a foreign vessel that represents a danger of oil pollution. As a point of departure, ships are only subject to flag state jurisdiction. However, modern transport exposes coastal states environment to such a degree that it is now consensus on admitting them some jurisdiction. The contents of such jurisdiction are not clear. Undoubtedly, the coastal states are entitled to intervene in the internal waters and the t erritorial sea. Regarding the territorial sea, the right to "innocent passage" restricts the authority of the coast state. An important objective is to examine to what extent a vessel representing a danger of pollution can enjoy the rights of innocent pas sage. In the EEZ and on the High Sea the coastal state jurisdiction is not as extensive as in the territorial zone, but the Intervention Convention from 1969 and the Law of the Sea Convention from 1982 entitles them to carry out some measures. However, neither the Intervention Convention nor the law of the Sea Convention lay out clear limits. The vagueness of the conventions is likely to entail disputes. It is also correct to say that the relationship between the two conventions is somewhat unclear, wh ich also might be a source to conflicts. Another issue addressed neither by the conventions or customary law is whether a state can intervene against vessels in another state's EEZ. A proper discussion of these topics will contribute to a more precise and predictable state of the law.

Funding scheme:

FRIMUF-Miljø- og utviklingsforskning