presentation - 4th International Symposium of Maritime

Report
THE HAZARDOUS MATERIALS TRANSPORTATION
BY SEA AND THE RIGHT OF INNOCENT PASSAGE:
Deficiencies - Deadlocks of the Existing Framework
In Ensuring Coastal States and Freedom of Navigation
Ass. Professor Georgios Samiotis
Mr. Dimitrios Grekos
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The Conflict between Coastal and Maritime States
on Hazardous Materials Transportation by Sea
Hazardous Materials (Hazmats)
Regulatory Framework for Hazmats Transportation
by Ships
Maritime States and The Right of Innocent Passage
Coastal States and the Right of Innocent Passage
Coastal States and the Right of Prior Notification
Marine Environment Protection
Recommendations
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Coastal States argue:
- Environmental Impact of Hazmats Transportation
through their Territorial Sea in Case of Accident
- Sovereignty within their Territorial Sea
 Maritime States argue:
- Uninterrupted Sea Transportation of Hazmats
according to the Right of Innocent Passage
- Freedom of Navigation
 Differing Opinions lie in the Provisions of International
Law concerning the Rights and Obligations of States
but also the Protection of Marine Environment

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
A hazardous material (Hazmat) is “any item or agent
(biological, chemical, physical) which has the potential to
cause harm to humans, animals, or the environment,
either by itself or through interaction with other factors”
(Institute of Hazardous Materials Management, 2013)

In particular, hazmats transported by ships may become
dangerous goods and are classified in the International
Maritime Dangerous Goods (IMDG) Code or in any other
IMO Regulation referred to “as dangerous for carriage by
sea”
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UNCLOS 1982
SOLAS 1974
IMDG Code
INF Code
MARPOL 73/78
BASEL 1989
HNS, 1996
Paris Convention, 1960
IAEA
Nuclear, 1971
Vienna, 1963
Regional Conventions
Art.21,22,23
Chapter VII Part A-D
Class 1-9
Class INF1-2-3
Annex III
Annexes I-IX
International Convention on Liability and
Compensation for Damage in Connection
with the Carriage of Hazardous and
Noxious Substances by Sea 1996
Paris Convention on Third Party Liability
in the Field of Nuclear Energy
Code of Practice
Convention relating to Civil Liability in
the Field of Maritime Carriage of Nuclear
Material
Vienna Convention on Civil Liability for
Nuclear Damage
Bamako – Barcelona – Tehran – Kuwait
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 The right of innocent passage, through the territorial sea
of the coastal State, is in favour of freedom of navigation.
Ships under foreign flag may pass through the territorial
sea of the coastal State under the provisions of article 19
(Meaning of Innocent Passage) UNCLOS 1982.
 The right of innocent passage is not limited by the flag,
cargo or ship type. All ships indiscriminately are allowed to
travel through the territorial sea of all states. The hazmats
transportation by ships through the territorial sea of a
coastal State is not shown in article 19. Therefore, this
passage should be allowed.
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 Coastal State has legislative and executive jurisdiction
within its territorial sea and may adopt legislative
framework in line with Article 21 (Laws and regulations of
the coastal State relating to innocent passage) UNCLOS
1982.
 Article 220 (2) (Enforcement by coastal States) UNCLOS
1982 is a special rule where coastal State may detain a
ship responsible for pollution in its territorial sea. Under this
article the coastal State may take measures in case ships
carry hazmats even when the ships exercise the right of
innocent passage.
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Source: (Hakapää and Molenaar, 1999)
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 Coastal States indicate that ships carrying hazmats
are a threat to the safety of the seas and the coastal
environment because of the extremely dangerous
nature of such loads, and therefore these ships should
not deserve the right of innocent passage.
 Coastal States have the obligation to protect the
marine environment under Article 94 (Duties of the flag
State) UNCLOS 1982 under which they should take all
necessary measures to prevent, reduce and control
pollution of the marine environment.
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 Regional Agreements to set standards for the
transport of hazmats by ships
 Sea lanes determination could help to resolve the
conflict between the States and the obligation to protect
the marine environment
 INF Code Amendments
 Self – Regulation
- The Pigovian Taxes
- Coasian bargains
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 Application of the appropriate economic, social and
environmental policies based on shipping business
practices and provisions of UNCLOS 1982.
 To encourage sustainable development of coastal
areas and ensure the environmental public goods.
 Shipping Stakeholders opinion matters…
 Communication between Coastal and Maritime
States at international level out of UNCLOS forum can
benefit the problem solving.
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Thank You
Thank you for your Attention
[email protected]
[email protected]
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