maritime law lrg
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TRANSCRIPT
Grunt Productions 2007
International Maritime International Maritime LawLaw
A brief by Lance GrindleyA brief by Lance Grindley
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Scope of LessonScope of Lesson
Nature of International LawNature of International Law Law of Armed ConflictLaw of Armed Conflict Classification of WatersClassification of Waters Status of ShipsStatus of Ships Conduct of ShipsConduct of Ships PollutionPollution Assistance and SalvageAssistance and Salvage
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Sources of InformationSources of Information
Guide to Maritime Law Guide to Maritime Law Annual Notices to Mariners (No12)Annual Notices to Mariners (No12) Mariner’s Handbook (NP 100)Mariner’s Handbook (NP 100) Sailing Directions for local Sailing Directions for local
informationinformation The Shipmasters business companionThe Shipmasters business companion
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DefinitionDefinition
““International law is the International law is the system of rules and system of rules and
principles which nations principles which nations regard as binding upon regard as binding upon
them in mutual dealings and them in mutual dealings and relations.”relations.”
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Sources of International LawSources of International Law
Written international agreements Written international agreements (Geneva conventions, UNCLOS III)(Geneva conventions, UNCLOS III)
Established custom and precedentEstablished custom and precedent Rulings of the International Court of Rulings of the International Court of
Justice and international arbitration Justice and international arbitration courtscourts
The influence of publicists in The influence of publicists in academic writingsacademic writings
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Law of Armed ConflictLaw of Armed Conflict Evolved as a desire to limit the Evolved as a desire to limit the
effects of any conflict to effects of any conflict to belligerent’s forces. The law belligerent’s forces. The law occupies itself with:occupies itself with:
Protection of neutralsProtection of neutrals Protection of crews of belligerents Protection of crews of belligerents
merchant shippingmerchant shipping Limiting the areas of conflictLimiting the areas of conflict Minimizing the suffering of wounded Minimizing the suffering of wounded
and POWsand POWs Limiting the choice of weaponryLimiting the choice of weaponry
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Duties of the Merchant NavyDuties of the Merchant Navy
To comply with the requirements of To comply with the requirements of international law and practiceinternational law and practice
To enforce certain provisions of To enforce certain provisions of international law which form part of international law which form part of UK municipal lawUK municipal law
To report any apparent infringement To report any apparent infringement of international law and practiceof international law and practice
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UN Charter Art 2(4)UN Charter Art 2(4)
““All members shall refrain in All members shall refrain in their international relations from their international relations from the threat or use of force against the threat or use of force against the territorial integrity or political the territorial integrity or political independence of any state”independence of any state”
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Self-Defence (UN Charter)Self-Defence (UN Charter) Article 51Article 51 ““Nothing in the present charter shall Nothing in the present charter shall
impair the inherent right of individual impair the inherent right of individual or collective self-defence if an armed or collective self-defence if an armed attack occurs against a member of attack occurs against a member of the United Nations, until the Security the United Nations, until the Security Council has taken measures to Council has taken measures to maintain international peace and maintain international peace and security”security”
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Self-defence DefinitionSelf-defence Definition
Based on Caroline Case (1841) must Based on Caroline Case (1841) must show:show:
““Necessity of self-defence, instant, Necessity of self-defence, instant, overwhelming, leaving no choice of overwhelming, leaving no choice of means and no moment of means and no moment of deliberation”.deliberation”.
““Nothing unreasonable or excessive; Nothing unreasonable or excessive; since the act was justified by the since the act was justified by the necessity and kept clearly within it”.necessity and kept clearly within it”.
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Aspects of Self-DefenceAspects of Self-Defence
Concept can be applied widely to a situation Concept can be applied widely to a situation such as the self-defence of a countrysuch as the self-defence of a country
Anticipatory action may be performed to Anticipatory action may be performed to forestall an attack believed to be imminentforestall an attack believed to be imminent
Dilemma in establishing what constitutes Dilemma in establishing what constitutes hostile intent (preparatory action)hostile intent (preparatory action)
Proportionality - Self-defence must not be Proportionality - Self-defence must not be excessive and choice of weapons may be excessive and choice of weapons may be significantsignificant
Must not be seen as a reprisalMust not be seen as a reprisal
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Exclusion ZonesExclusion Zones
Right under international law for a Right under international law for a country to declare maritime zones in country to declare maritime zones in the immediate vicinity of its naval the immediate vicinity of its naval operations.operations.
Exclusion zone developed to suit Exclusion zone developed to suit contemporary maritime operations.contemporary maritime operations.
Declaration of exclusion zone to Declaration of exclusion zone to adversary and President of UN adversary and President of UN Security Council.Security Council.
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Use of Exclusion ZonesUse of Exclusion Zones
8 Apr 82 maritime exclusion zone (MEZ) 8 Apr 82 maritime exclusion zone (MEZ) declared round Falklands.declared round Falklands.
23 Apr 82 UK issued warning that any 23 Apr 82 UK issued warning that any approach to the MEZ by Argentine naval approach to the MEZ by Argentine naval forces would generate appropriate forces would generate appropriate response.response.
28 Apr 82 total exclusion zone (TEZ) 28 Apr 82 total exclusion zone (TEZ) declared.declared.
3 May General Belgrano sunk 36 miles 3 May General Belgrano sunk 36 miles outside TEZ under terms of warning.outside TEZ under terms of warning.
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Classification of WatersClassification of Waters
Law based on United Nations Law based on United Nations Convention on the Law of the Sea Convention on the Law of the Sea (1982)(1982)
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Maritime ZonesMaritime Zones
All maritime zones are measured All maritime zones are measured from a baseline usually defined by from a baseline usually defined by the low water line along the coastthe low water line along the coast
Baseline can be modified to Baseline can be modified to account for special coastal features:account for special coastal features:
Low tide elevationsLow tide elevations IslandsIslands BaysBays Straight baselinesStraight baselines
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Territorial Limit from BaselineTerritorial Limit from Baseline
Smooth coastlines need many more points to define the limit
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Indented Coastline LimitIndented Coastline Limit
An indented coastline requires few points on the baselines to define the sea limit.
P1
P2 P3
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Low water line (MLWS)Low water line (MLWS)
CoastlineCoastline
Low Tide ElevationsLow Tide Elevations(Drying heights)(Drying heights)
Territorial Limit Territorial Limit drawn fromdrawn fromLow Water Low Water mark mark
Low Tides ElevationsLow Tides Elevations
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Less than 24 milesLess than 24 miles Less than 24 milesLess than 24 miles
Sea BaySea Bay
IndentationIndentationNon-BayNon-Bay
Territorial LimitTerritorial Limit
Bay Closing LinesBay Closing Lines
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Straight Baseline SystemsStraight Baseline Systems
Permitted on a heavily indented Permitted on a heavily indented coast or with offshore islandscoast or with offshore islands
Used to close bays and estuariesUsed to close bays and estuaries Dividing line between internal waters Dividing line between internal waters
and territorial watersand territorial waters Straight baseline systems Straight baseline systems
increasingly used (62 countries)increasingly used (62 countries)
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Straight Baselines (Example)Straight Baselines (Example)
Territorial SeaTerritorial Sea
Internal WatersInternal Waters
Coastal StateCoastal State
IslandIsland
BaselineBaseline
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UK UK BaselinesBaselines
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French BaselinesFrench Baselines
0 60 120
SPAIN
Bay of Biscay
Cor
sica
ATLANTIC OCEAN
MEDITERRANEAN SEA
FRANCE
4OW 4OE
48ON 48ON
46ON46ON
44ON44ON
0O
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Baselines - Baselines - Irish RepublicIrish Republic
0 50
nautical miles
Cork
Old Head of Kinsale
Limerick
Stags of Broadhaven
Malin Head
Waterford
IRELANDIRELAND
NORTHERN NORTHERN IRELANDIRELAND
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Ecuador Ecuador Baselines Baselines in 1971in 1971
3o 23’ 33”
Nautical miles
Point Manglares
Point Galera
Cape Pasado
PACIFIC OCEAN
La Plata Island
Point Santa Elena
Puna Island
PERUPERU
COLOMBIACOLOMBIA
ECUADORECUADOR
0 50
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Vietnamese Baseline ClaimsVietnamese Baseline Claims
VIETNAMVIETNAM
SOUTH CHINASOUTH CHINASEASEAPhuPhu
QuiQui50 miles50 miles
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Historic BaysHistoric Bays Claimed as exceptional right to draw Claimed as exceptional right to draw
bay closing lines across the entrance to bay closing lines across the entrance to bays and inlets which do not satisfy bays and inlets which do not satisfy normal requirementsnormal requirements
Based on positive exercise of Based on positive exercise of sovereigntysovereignty
Acceptance by other nationsAcceptance by other nations Existence for significant period of timeExistence for significant period of time e.g. Hudson’s Bay and Gulf of Californiae.g. Hudson’s Bay and Gulf of California
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Historic Bays Historic Bays Hudson’s BayHudson’s Bay
Gulf of Gulf of CaliforniaCalifornia
Gulf of California
Hudson’s Bay
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Gulf of SirteGulf of Sirte
BenghaziBenghazi
LIBYALIBYA
300 miles300 miles
Mediterranean SeaMediterranean SeaUS ExerciseUS ExerciseAreaArea
Historic Bay Claim - Gulf of SirteHistoric Bay Claim - Gulf of Sirte
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Internal WatersInternal Waters
All waters within the territory of a State All waters within the territory of a State (harbours, rivers and lakes) together (harbours, rivers and lakes) together with all waters to landward of the with all waters to landward of the baselinesbaselines Laws of the State are supremeLaws of the State are supreme Any vessel can be excludedAny vessel can be excluded Warships need diplomatic clearance to Warships need diplomatic clearance to
enterenter Four inter-oceanic canals are subject to Four inter-oceanic canals are subject to
special rules (Corinth, Suez, Panama, Kiel)special rules (Corinth, Suez, Panama, Kiel)
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Territorial SeasTerritorial Seas
Belt of water extending a maximum Belt of water extending a maximum of 12 miles to seaward of the of 12 miles to seaward of the baselinesbaselines
Part of the sovereign territory of the Part of the sovereign territory of the StateState
All vessels can normally claim All vessels can normally claim “innocent passage”“innocent passage”
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Innocent PassageInnocent Passage Navigation through the territorial sea for traversing Navigation through the territorial sea for traversing
the sea without entering internal waters or the sea without entering internal waters or proceeding into internal watersproceeding into internal waters
Limitations defined 1982 conventionLimitations defined 1982 convention Some States demand prior notification of the Some States demand prior notification of the
passage of a Merchant Shippassage of a Merchant Ship Coastal State is required to publicise dangers to Coastal State is required to publicise dangers to
navigationnavigation Right to deny passage if vessel fails to comply with Right to deny passage if vessel fails to comply with
rulesrules Temporary suspension in specified areas allowed Temporary suspension in specified areas allowed
provided it is not discriminatoryprovided it is not discriminatory
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High SeasHigh Seas All parts of the sea not included in the All parts of the sea not included in the
territorial sea or internal waters of a territorial sea or internal waters of a StateState
Vessels generally subject only to the Vessels generally subject only to the jurisdiction of their flag Statejurisdiction of their flag State
Limited jurisdiction may be exercised Limited jurisdiction may be exercised by coastal State, for example:by coastal State, for example: Internationally agreed fishery regulationsInternationally agreed fishery regulations In relation to EEZ or Continental ShelfIn relation to EEZ or Continental Shelf Establishing air defence identification zonesEstablishing air defence identification zones
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Contiguous ZonesContiguous Zones
May extend up to 24 miles from May extend up to 24 miles from baselinesbaselines
National jurisdiction only to the National jurisdiction only to the extent necessary to prevent or extent necessary to prevent or punish infringements of customs, punish infringements of customs, fiscal, immigration or sanitary fiscal, immigration or sanitary regulationsregulations
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International StraitsInternational Straits
Route used for international Route used for international navigation where no similarly navigation where no similarly convenient alternative existsconvenient alternative exists
Passage cannot be suspendedPassage cannot be suspended Over flight and submerged transit Over flight and submerged transit
permittedpermitted
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United United Kingdom Kingdom Rights of Rights of PassagePassage
SHETLAND/ORKNEY GAP SHETLAND/ORKNEY GAP RIGHTS OF TRANSIT RIGHTS OF TRANSIT PASSAGE APPLYPASSAGE APPLY
PENTLAND FIRTH RIGHTS OF PENTLAND FIRTH RIGHTS OF INNOCENT PASSAGE APPLYINNOCENT PASSAGE APPLY
STRAITS OF DOVER STRAITS OF DOVER RIGHTS OF TRANSIT RIGHTS OF TRANSIT PASSAGE APPLYPASSAGE APPLY
NORTH NORTH CHANNEL CHANNEL RIGHTS OF RIGHTS OF TRANSIT TRANSIT PASSAGE PASSAGE APPLYAPPLY
SCILLY ISLES/LANDS SCILLY ISLES/LANDS END RIGHTS OF END RIGHTS OF INNOCENT PASSAGEINNOCENT PASSAGE APPLYAPPLY
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Archipelagic WatersArchipelagic Waters
Convention includes provisions for Convention includes provisions for archipelagic states to claim archipelagic states to claim increased sovereigntyincreased sovereignty
State may designate sea lanes State may designate sea lanes suitable for continuous and suitable for continuous and expeditious passage in their normal expeditious passage in their normal mode of operationmode of operation
Disputes exist with respect to the Disputes exist with respect to the designation of these sea lanesdesignation of these sea lanes
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Archipelagic State (Example)Archipelagic State (Example)
ArchipelagicArchipelagicWatersWaters
TerritorialTerritorialSeaSea
Designated Sea LaneDesignated Sea Lane
ArchipelagicArchipelagicBaselineBaseline
Ratio ofRatio ofLandLandto Waterto Waterbetweenbetween1:1 and 1:91:1 and 1:9
InternalInternalWatersWaters
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Archipelagic StateArchipelagic StateFORMOSA
LUZON STRAIT
CHINA SEA
CELEBES SEA
MINDORO STRAIT
SULU SEA
PALAVAN
LUZON
MILES
0 60 120 180
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Indonesian ProposalIndonesian Proposal
Sumatra
Malaysia
Kallmantan
Java
Lombock Strait Weter
Strait
Australia
Sunda Strait
Celebes Sea
Philippines
PACIFIC OCEAN
INDIAN OCEAN
Java Sea
Malaysia
Brunei
0o 0o
LEGEND
Indonesian Proposed Sea Routes
Other Normal Routes
100oE 110oE 120oE 130oE 140oE
110oE 120oE 130oE 140oE
5oS
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Exclusive Economic ZoneExclusive Economic Zone
Extends up to maximum of 200 milesExtends up to maximum of 200 miles Must be specifically claimedMust be specifically claimed Rights extend to all resources in the Rights extend to all resources in the
water, on the sea bed and belowwater, on the sea bed and below Jurisdiction over research and Jurisdiction over research and
protection of environment (include protection of environment (include pollution control)pollution control)
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Continental ShelfContinental Shelf
May be claimed out to 350 miles or May be claimed out to 350 miles or 100 miles beyond 2,500 meter 100 miles beyond 2,500 meter isobathisobath
Rights to mineral resources and Rights to mineral resources and sedentary species of fishsedentary species of fish
Coastal state is entitled to erect Coastal state is entitled to erect installations and establish safety installations and establish safety zones (500 metres)zones (500 metres)
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Maritime Zones 1982 Maritime Zones 1982 ConventionConvention
Continental ShelfContinental Shelf
LowLowWaterWater
InternalInternalWatersWaters
1212 1212188188
Max 350 or 100 beyond 2,500mMax 350 or 100 beyond 2,500m
High SeasHigh SeasExclusiveExclusiveEconomic ZoneEconomic Zone
Bas
elin
eB
asel
ine
TerritorialTerritorialSeaSea
ContiguousContiguousZoneZone
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Continental Continental Shelf Shelf
Claims west Claims west of UKof UK
Faeroes
Rockall
Anglo-Irish Boundary
20oW
20oW
10oW
10oW
60oN 60oN
55oN 55oN
50oN 50oN
UK Designations
Icelandic Claim
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RockallRockall
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Faroe/UK Faroe/UK BoundaryBoundary
Faroe Islands
Torshavn
Suduroy
Shetland
Orkney
Stornoway
Atlantic Ocean
Boundary Britain preferred
Agreed demarcation for oil zones
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Proposed Proposed Sea Sea
BoundaryBoundaryEngland England
/Scotland/Scotland
Old Boundary
New Boundary
Berwick-on-Tweed
North Sea
40 miles
Aberdeen
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South South China China SeaSea So
uth
Sout
h C
hina
Sea
Chi
na S
ea
VietnamVietnam
Paracel IsParacel Is
Gulf ofGulf ofTonkinTonkin
LaosLaos
TaiwanTaiwan
ThailandThailand
Natuna IsNatuna Is
SingaporeSingapore
0 300 600
CHINACHINA
BruneiBrunei
SarawakSarawak
INDONESIAINDONESIA
PhilippinesPhilippines
MalaysiaMalaysia
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Spratly Islands - Licensed Oil Spratly Islands - Licensed Oil Exploration BlocksExploration Blocks
VietnamVietnam
PhilippinesPhilippines
SpratlySpratlyIslandsIslandsChineseChinese
BlockBlockVietnameseVietnameseBlocksBlocks
South ChinaSouth China SeaSea
BruneiBrunei
BorneoBorneo
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Status of Naval ShipsStatus of Naval Ships
Represent the sovereignty and independence Represent the sovereignty and independence of the State (sovereign immunity)of the State (sovereign immunity)
Must refrain from abusing their immunity Must refrain from abusing their immunity (Must not interfere in the affairs of another (Must not interfere in the affairs of another State)State)
Immunity extended to ship’s boats and Immunity extended to ship’s boats and usually to ship’s company ashore in uniform usually to ship’s company ashore in uniform and on official businessand on official business
Diplomatic clearance must be obtained Diplomatic clearance must be obtained before entering port or internal watersbefore entering port or internal waters
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Other Vessels Other Vessels State-owned vessels are generally regarded as State-owned vessels are generally regarded as
having same status and immunity as warships having same status and immunity as warships provided they are not commercially operated.provided they are not commercially operated.
Commercially operated and merchant ships Commercially operated and merchant ships may fall under the jurisdiction of the Coastal may fall under the jurisdiction of the Coastal State in the territorial sea and internal waters.State in the territorial sea and internal waters.
Jurisdiction in the course of innocent passage Jurisdiction in the course of innocent passage is limited to offences which affect the coastal is limited to offences which affect the coastal State or disturb the peace and good order, State or disturb the peace and good order, unless assistance is specifically requested, or unless assistance is specifically requested, or action is necessary to suppress narcotics action is necessary to suppress narcotics traffictraffic..
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PiracyPiracy
Only offence for which any nation Only offence for which any nation may arrest and punish under its own may arrest and punish under its own laws regardless of the nationality of laws regardless of the nationality of the offending vesselthe offending vessel
Offences must be committed on the High Offences must be committed on the High SeasSeas
Acts must be committed by private Acts must be committed by private individuals operating from private vesselsindividuals operating from private vessels
Use of government vessels or actions within Use of government vessels or actions within the territorial sea do not constitute piracythe territorial sea do not constitute piracy
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Actions on the High SeasActions on the High Seas
Jurisdiction over vessels vested solely Jurisdiction over vessels vested solely in the Flag State.in the Flag State.
Action against slavery or narcotics Action against slavery or narcotics traffic must be with the agreement of traffic must be with the agreement of the Flag State.the Flag State.
Exercise of jurisdiction would Exercise of jurisdiction would normally be regarded as aid to civil normally be regarded as aid to civil power and MOD approval should be power and MOD approval should be sought. sought.
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Hot PursuitHot Pursuit
May be exercised by competent May be exercised by competent authorities following legal violationsauthorities following legal violations Only commences after visual or auditory Only commences after visual or auditory
signal to stopsignal to stop Order to stop must be made whilst Order to stop must be made whilst
offending vessel is within specific maritime offending vessel is within specific maritime zonezone
Can only continue if pursuit not interruptedCan only continue if pursuit not interrupted Ends when offending vessel enters the Ends when offending vessel enters the
territorial sea of another stateterritorial sea of another state
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PollutionPollution References: MARPOL 73/78, Water Bill References: MARPOL 73/78, Water Bill
19891989* Warships exempt but RN ships are Warships exempt but RN ships are
expected to abide by regulations as far as expected to abide by regulations as far as operationally possible.operationally possible.
* Coastal State has jurisdiction in the EEZ Coastal State has jurisdiction in the EEZ for “the protection and preservation of the for “the protection and preservation of the marine environment”marine environment”
* Garbage controls:Garbage controls: Discharge of synthetic waste totally prohibitedDischarge of synthetic waste totally prohibited All non-food waste prohibited in special areasAll non-food waste prohibited in special areas No food waste within 3 miles of shoreNo food waste within 3 miles of shore
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Marpol 73/78 Garbage Pollution Marpol 73/78 Garbage Pollution RegulationsRegulations
Special AreasSpecial AreasBaltic; Red Sea; Black Sea; Mediterranean; Arabian GulfBaltic; Red Sea; Black Sea; Mediterranean; Arabian GulfNorth Sea South of 62North Sea South of 62ooN and East of 4N and East of 4oo West WestEnglish Channel North of 48English Channel North of 48oo 30’N and East of 5 30’N and East of 5oo West WestSkaggerak North of 57Skaggerak North of 57oo 44’N 44’N
Outside 12nmOutside 12nmInside 12nmInside 12nmOutside 25nmOutside 25nmOutside 12nmOutside 12nmInside 3nmInside 3nm 3-12nm3-12nm
Floating Floating DunnageDunnage
Food Food WasteWaste
Paper, Rags, Paper, Rags, Glass, MetalGlass, Metal
PlasticPlastic
NoNo
NoNo
NoNo
NoNo NoNo NoNo
NoNo
NoNo
NoNo
NoNo NoNo
YesYes
YesYes
YesYes
YesYes
YesYes
Outside Special AreasOutside Special Areas Special AreasSpecial Areas
ProhibitedProhibited
MutratedMutrated
MutratedMutrated
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Pollution - Enforcement ActionPollution - Enforcement Action
Not normally used to enforce Not normally used to enforce pollution legislationpollution legislation
Actions normally required:Actions normally required: Identify suspected vesselsIdentify suspected vessels Report incidents Report incidents Take samples of pollutantTake samples of pollutant Photograph offending vessels Photograph offending vessels
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Assistance (1)Assistance (1)
““Assistance should be rendered to a Assistance should be rendered to a ship or an aircraft endangered at ship or an aircraft endangered at sea....on occasions where it is within sea....on occasions where it is within the reasonable power of any ship. the reasonable power of any ship.
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Assistance (2)Assistance (2)
Merchant Ships are under a legal Merchant Ships are under a legal obligation to assist but cannot be obligation to assist but cannot be requisitioned.requisitioned.
Masters are directed to render assistance Masters are directed to render assistance in all reasonable circumstances and failure in all reasonable circumstances and failure to do so must be fully documented and the to do so must be fully documented and the distress message relayed.distress message relayed.
Ships should always acknowledge distress Ships should always acknowledge distress messages even if they are unable to messages even if they are unable to assist.assist.
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Salvage (1)Salvage (1)
Maritime salvage is a voluntary Maritime salvage is a voluntary service to save maritime property for service to save maritime property for monetary gain.monetary gain.
May be difficult, long-term and May be difficult, long-term and legally complexlegally complex
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Salvage (2)Salvage (2) Contractual salvage based on Lloyds Contractual salvage based on Lloyds
Open Form (LOF 95)Open Form (LOF 95) Should not be agreed without Should not be agreed without
consultation with Vessels Ownersconsultation with Vessels Owners Makes “Company” the salvage contractor Makes “Company” the salvage contractor
with continuing obligationswith continuing obligations Salvaged vessel taken to a “place of safety”Salvaged vessel taken to a “place of safety” Places the service rendered beyond doubtPlaces the service rendered beyond doubt Salvor can be sued for negligence by third Salvor can be sued for negligence by third
partyparty
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Salvage (3)Salvage (3)
Non-contractual salvageNon-contractual salvage Usually preferred methodUsually preferred method Neither party legally boundNeither party legally bound No guarantee of award by courtNo guarantee of award by court Must step aside if other party has LOFMust step aside if other party has LOF