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Coastal State Jurisdiction Over Ships in Need of Assistance, Maritime Casualties and Shipwrecks

Iva Parlov

ISBN13: 9789004515062

Published: August 2022

Publisher: Brill Nijhoff

Country of Publication: Netherlands

Format: Hardback

Price: £112.00

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In Coastal State Jurisdiction over Ships in Need of Assistance, Maritime Casualties and Shipwrecks, Iva Parlov offers a comprehensive analysis of the rights and obligations of coastal States over ships in need of assistance, maritime casualties and shipwrecks under international customary law, treaty law and other international instruments. Important regime interactions are discussed in depth, most extensively the interaction between the 1982 United Nations Convention on the Law of the Sea and regulations adopted at the International Maritime Organization, but also between conventional and customary law, public and private law. In contrast to the existing literature that mostly focuses on separate issues such as intervention, places of refuge, salvage and wreck removal, this book takes a systemic approach to consider from the coastal State's perspective jurisdictional problems at each stage of a maritime occurrence, deteriorating into a maritime casualty and ultimately into a wreck. Particular attention is given to legal differences associated with maritime zones and a physical state of a ship. Adding a temporal scale to the analysis, the book provides an insight into the legal developments since the Torrey Canyon (1967) disaster and offers some reflections on the directions in which the tide is flowing, not least in light of the recent European Union's proposal for amendments of the IMO Guidelines on Places of Refuge.

Subjects:: Shipping, Transport and Maritime Law, Public International Law

Contents:: Abbreviations and Acronyms; Table of Treaties and Other Instruments; Table of Cases; Part 1. Introduction; 1. Introduction; 1.1 Topic; 1.2 Objective and Scope; 1.3 Terminology; 1.4 Outline; Part 2. Setting the Scene; 2. Risks Posed and Interests Affected by Ships in Need of Assistance, Maritime Casualties and Shipwrecks; 2.1 Introduction; 2.2 Risks Posed by Ships in Need of Assistance, Maritime Casualties and Shipwrecks; 2.2.1 Oil Pollution; 2.2.2 Harmful Substances Other Than Oil; 2.2.3 Ship's Hull, Rather Than Substances Carried on Board; 2.3 Interests of the Coastal State and Conceivable Measures of Protection; 2.4 Interests of Actors Other than the Coastal State; 2.4.1 State Actors; 2.4.2 Shipowners, Cargo Owners and Charterers; 2.4.3 Insurers; 2.4.4 Salvors; 2.5 Conclusions; 3. Coastal State Jurisdiction under General International Law and the losc; 3.1 Introduction; 3.2 Basic Features of State Jurisdiction under General International Law; 3.2.1 The Concept and Types of State Jurisdiction; 3.2.2 Principles that Explain the Basis for State Jurisdiction; 3.2.3 General Limits Imposed on State Jurisdiction; 3.2.4 Special Rules Concerning Enforcement Jurisdiction; 3.3 The losc Jurisdictional Framework; 3.3.1 Historical Background in a Nutshell; 3.3.2 The Zonal Approach to Coastal State Jurisdiction; 3.3.3 Part xii : Protection and Preservation of the Marine Environment; 3.4 The Relationship of the losc to Other International Agreements; 3.5 The losc and Customary International Law; 3.6 Conclusions; 4. The imo as a 'Competent International Organization' in Developing the losc; 4.1 Introduction; 4.2 Establishment and Mandate of the imo; 4.2.1 Mandate under the imo Convention and Its Expansion in Practice; 4.2.2 Reference to the imo in the losc; 4.3 imo Membership, Organs and the Consensus-Based Approach in Decision-Making; 4.3.1 imo Membership; 4.3.2 imo Organs; 4.3.3 Consensus-Based Approach in Decision-Making; 4.3.4 Different Types of Instruments Adopted at the imo; 4.3.5 The Requirement of a 'Clear and Well-Documented Compelling Need'; 4.4 Conclusions; Part 3. Coastal State Jurisdiction Over Ships in Need of Assistance, Maritime Casualties and Shipwrecks; 5. The Plea of Necessity and Key imo Instruments: Preliminary Observations; 5.1 Introduction; 5.2 The Plea of Necessity; 5.2.1 Main Features; 5.2.2 Limitations; 5.3 Intervention Convention; 5.3.1 Historical Background and Object and Purpose; 5.3.2 Object and Purpose; 5.3.3 Geographical Scope of Application; 5.4 Salvage Convention; 5.4.1 Historical Background; 5.4.2 Object and Purpose; 5.4.3 Geographical Scope of Application; 5.5 imo Guidelines on Places of Refuge; 5.5.1 Historical Background; 5.5.2 The Unsuccessful cmi Proposal for a Treaty on Places of Refuge; 5.5.3 Object and Purpose; 5.5.4 Geographical Scope of Application; 5.6 wrc; 5.6.1 Historical Background; 5.6.2 Object and Purpose; 5.6.3 Geographical Scope of Application; 5.6.4 The Potential of the wrc to Reflect General International Law: The Issue of Third States-Effect; 5.7 Conclusions; 6. Coastal State Jurisdiction over Ships in Need of Assistance and Maritime Casualties in Maritime Zones beyond Marine Areas under Territorial Sovereignty; 6.1 Introduction; 6.2 Intervention Convention; 6.2.1 Conditions for Triggering the Right of Intervention; 6.2.2 Measures of Intervention; 6.2.3 Obligations to Notify and Consult; 6.2.4 Intervention Convention and Customary International Law; 6.3 General International Law and the losc; 6.3.1 Article 221 of the losc; 6.3.2 Part xii of the losc and Obligations to Protect and Preserve the Marine Environment; 6.3.3 Obligations to Notify and Consult; 6.4 Salvage Convention; 6.5 imo Guidelines on Places of Refuge; 6.5.1 Objective Analysis Based on Relevant Risks and Factors; 6.5.2 Financial Security as a 'Practical Requirement' for Access to a Place of Refuge; 6.6 wrc; 6.6.1 Conditions for Triggering the Right of Intervention; 6.6.2 Measures of 'Wreck Removal'; 6.6.3 Obligations to Notify and Consult; 6.6.4 Relationship to the Intervention Convention; 6.7 Conclusions; 7. Coastal State Jurisdiction over Ships in Need of Assistance and Maritime Casualties in Marine Areas under Territorial Sovereignty; 7.1 Introduction; 7.2 General International Law and the losc; 7.2.1 Innocent Passage; 7.2.2 Transit Passage and Archipelagic Sea Lanes Passage; 7.2.3 Rules Applicable to Ports and Internal Waters; 7.3 Salvage Convention; 7.4 imo Guidelines on Places of Refuge; 7.5 The Relevance and Significance of the imo Liability and Compensation Conventions; 7.5.1 A Strong and Well-Tested System; 7.5.2 Weaknesses Associated with the Types of Claims (Un)covered; 7.5.3 The Limited Amount of Compensation; 7.5.4 Asking for More Than the imo Liability and Compensation Conventions Offer; 7.6 wrc; 7.7 Which Way Is the Tide Flowing?; 7.7.1 The Prevalence of the Theory of the Qualified Right of Refusal; 7.7.2 The EU Proposal for a Revision of the imo Guidelines on Places of Refuge; 7.8 Conclusions; 8. Coastal State Jurisdiction over Shipwrecks; 8.1 Introduction; 8.2 General International Law and the losc; 8.2.1 Internal Waters, Archipelagic Waters and the Territorial Sea; 8.2.2 The Exclusive Economic Zone and the Continental Shelf; 8.3 wrc; 8.3.1 Reporting Stage; 8.3.2 Determination of Hazard, Warning and Locating; 8.3.3 Marking; 8.3.4 Wreck Removal; 8.3.5 Due Regard, Necessity, Proportionality and Reasonableness; 8.3.6 Obligations to Notify and Consult; 8.3.7 Internal Waters, Archipelagic Waters and the Territorial Sea; 8.3.8 Wrecks with an Unknown Cause - the Requirement of a Maritime Casualty; 8.3.9 The Non-Retroactivity of the wrc; 8.3.10 Point of Departure: Right, Rather than Obligation, to Remove Wrecks; 8.4 Relationship of the wrc to the losc and the Potential Third States-Effect; 8.4.1 Potential of the wrc to Stand as a Clarification of the losc with Third States-Effect through the System of 'Generally Accepted International Rules and Standards' ( gairas ) as Referred to in Article 211(5) of the losc; 8.4.2 wrc as a Modification to the losc Regime?; 8.4.3 Some Indications in Scholarship and Early State Practice; 8.5 Conclusions; Part 4. Conclusions; 9. Conclusions; 9.1 Opening Remarks; 9.2 What are the Rights and Obligations of Coastal States over Ships in Need of Assistance, Maritime Casualties and Shipwrecks under International Law and How Have These Evolved since the Torrey Canyon Disaster?; 9.2.1 Ships in Need of Assistance and Maritime Casualties; 9.2.2 The Significance of the Physical State of the Ship; 9.2.3 Shipwrecks; 9.2.4 The Significance of Maritime Zones; 9.3 General Observations: Impact of Post- losc Developments on General International Law and on the Jurisdictional Balance between Coastal and Navigational Interests; 9.3.1 Maritime Zones Beyond Marine Areas under Territorial Sovereignty; 9.3.2 Marine Areas under Territorial Sovereignty; 9.4 Closing Remarks and Identified Shortcomings; Bibliography; Index