Module 1

Maritime Law

Capt. Alexander A. Gonzales, PhD

2021

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 Introduction to Maritime Law
Modern Maritime Law is an interesting combination of some of the oldest seafaring
standards imaginable and new regulations that were necessitated as the industry
changed over time. Since ancient times, Maritime Law has governed topics including
insurance, salvage, and the protection of ship workers.

Let’s discuss why the Law of the Sea developed as it did, then review a brief history of
Maritime Law and the protections that the code traditionally provides to those who work
on a vessel.

Why Was Maritime Law Created?

Maritime or Admiralty Law was first documented at the time of Ancient Egypt, to fill a very
real need in the civilized world. In order for trade to flourish, ships needed to be able to
travel from port to port with a reasonable expectation of safety and fair trade. Differing
customs led local courts and tribunals to be locally biased. Eventually, it became clear
that disputes needed to be settled in a single court system.
Shipowners and captains might employ sailors from all along their trade route and would
need a clear understanding of how those seamen or their families would be compensated
if they were seriously injured or lost at sea. Establishing the rights and responsibilities of
ports and ship owners into formal law was essential to trade between nations and city-
states.
Many of the old laws persist today because most of the challenges and hazards of
maritime work remain the same. These jobs were, and continue to be, dangerous ones.
Maintaining a seaworthy vessel and providing maintenance and cure to workers on board
have always been prime responsibilities of ship and fleet owners.
Shipowners who do not abide by the code face claims in Admiralty Courts or in other
national courts that are bound by Maritime Law. These courts have jurisdiction over many
aspects of the shipping and passenger cruise industries. Now, as in the past, sailors can
have a legal advocate, or maritime accident lawyer, by their side when making a claim for
injuries sustained at sea.

The History of International Maritime Law

While there were unwritten customs of maritime behavior among the Egyptians, Greeks,
and Phoenicians, the earliest formal codes were established on the island of Rhodes as
early as 900 BC, and the law continues to evolve into the modern-day.

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The Rhodian Sea Laws
The origin of this set of rules for the Mediterranean Sea began forming approximately 900
BC and was well established by 300 BC, governing seafaring trade and conduct in the
area. It influenced Roman law from that point until 1200 AD. The Rhodian Sea Laws
established a uniform standard for the treatment of merchant ships as they moved from
port to port, and it introduced the concept that disputes arising at sea must be decided by
“the maritime law of the Rhodians”1 rather than in local courts or councils.

The Consulate of the Sea

As the Romans made use of the Rhodian Laws, special tribunals were created to rule on
disputes between vessels, ports, merchants, and seamen. Between 1000 AD and 1300
AD, three separate codes of maritime law and court systems developed in the
Mediterranean. The oldest of these was “Consolato del Mare” or the Consulate of the
Sea, which was centered around the Italian seaport of Barcelona, Spain.

The Consulate of the Sea sought to address all aspects of the customary laws of the sea.
It defined specifics regarding ownership of ships, the responsibilities of a shipowner and
captain, the “average contribution,” salvage rights, the duties of sailors, and how much
they should be paid.

Early European Codes of the Sea

Two historic ships at the open sea at the sunset
From the budding laws of the sea in the Mediterranean, the early European maritime laws
were further formalized by 1152 AD. These were summarized in the Black Book of the
Admiralty in 1336 and were heavily influential in shaping Admiralty Law from that point
on.4 Some of the notable legal concepts still honored today come directly from these
examples:
• The Laws of Wisby (Baltic region)
• The Laws of Hansa Towns (Germanic region)
• The Laws of Oleron (French region)

The English System of Admiralty Law

The laws of Wisby, Hansa, and Oleron are considered the three pillars upon which British
Admiralty Law was built. Keeping the fundamentals of historic sea law, the Admiralty

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Courts in England were challenged with the industrial revolution in the last half of the
1700s. The codes were updated for the changes that engines brought to the industry and
for growing complexities in international relations as trade became more global.
Standing somewhat separate from the other English courts, the Admiralty Courts heard
all nautical cases, including those of the British Colonies. The English Admiralty courts
were unpopular in the new world, and they may have played a part in the American
Revolution. They were charged with enforcing the Stamp Act and, as is customary under
Maritime Law, those trials were without a jury. This may have led to the mention in the
Declaration of Independence regarding “depriving us … of the benefits of Trial by Jury.”2
Maritime Law in America
Despite being a possible trigger for revolution, European admiralty doctrine was well
established and a practical necessity for the new nation. As admiralty cases arose, they
became part of American law as well. Many of the founding fathers and famous historical
figures were themselves admiralty lawyers.2 Even back in 1789 when the U.S.
Constitution was adopted, there was the same need for a good maritime accident lawyer
to protect ship owners, seafarers, and ship workers.

Admiralty or Maritime Law in the United States governs:

• Marine commerce, pollution, and navigation
• Seafaring cargo and passengers
• Marine insurance and salvage
• Arrests at sea
• Ship collisions
• Towage and liens
• Personal injury claims where the incident occurred at sea
• Maintenance and cure for injured ship workers
• In general, any cases where the court may need jurisdiction over maritime
property
How Does Maritime Law Protect Injured Workers?
As early as 1160 AD, the concept of “maintenance and cure” has existed as part of
Maritime Law. The obligation of the shipowner has historically been to pay for medical
care and devices for a sailor injured in service of the vessel; this is considered the “cure.”
“Maintenance” is the shipowners’ obligation to cover living expenses while workers
recover until they are fit for duty.

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If these are not provided to injured ship workers, they have the established right to sue
shipowners for maintenance and cure, as well as attorney fees. Punitive damages may
even be awarded in cases where the failure to provide maintenance and cure is “willful
and wanton.”3
The Jones Act of 1920 established the right of an injured seaman or surviving family
member to file a lawsuit against the shipowner or employer for negligence that caused
injury or death. Unlike most Maritime Court cases, a Jones Act trial may include a jury.
Those who recover damages from a Jones Act lawsuit may be compensated for lost
wages, lost earning capacity, medical expenses, and disfigurement, as well as pain and
suffering.
A Long History of Protecting Injured Maritime Workers
Admiralty or Maritime Law exists not only to settle disputes between ship owners and
ports. From the earliest days of seafaring, the traditions and laws of the sea have
supported the rights of injured sailors, deckhands, and longshoremen. At Schechter,
Shaffer, and Harris—Maintenance and Cure—we continue this long tradition of fair
treatment for hardworking individuals.
As experienced Jones Act and maritime accident lawyers, Maintenance and Cure has a
long history of advocating for maritime workers and helping their families steer toward a
brighter future. With over 100 years of combined work on behalf of those injured at sea,
there is no question where to turn for support and guidance in challenging times.
If you or a family member has been injured working on a vessel or oil rig, contact
Maintenance and Cure today for a free consultation to discuss the facts of your situation.
Your time to file a claim may be limited, so it is best to know your rights under Maritime
Law. We offer a no fee unless you win payment structure and clear guidance on plotting
a course to healing and financial safety.

Definition of terms:
Maritime Law
• A distinct body of law that governs maritime questions and offenses.
• It is a body of domestic law governing maritime activities; and private international
law governing the relationships between private entities that operate vessels on
the oceans.
• Consists of the statutes and case precedents that govern legal disputes originating
on navigable waters
• Partly based on generally accepted customary rules developed over many years
and partly on Statute law enacted by States
• Its main sources are International Conventions

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 • The adoption of International Conventions and agreements is intended to provide
uniform practice internationally.
• Deals with matters including:
✓ marine commerce;
✓ marine navigation;
✓ marine salvaging;
✓ shipping;
✓ sailors;
✓ transportation of passengers and goods by sea; and
✓ commercial activities, although land based or occurring wholly on land, that
are maritime in character.
Statute Law
• The body of principles and rules of law laid down in statutes
• Matters of safety, protection of the marine environment and conditions of
employment are covered by Statute law.
• Recommendations which are not internationally binding may be implemented by
a State for ships flying its flag.
Convention
• A treaty between the States which have agreed to be bound by it to apply the
principles contained in the convention within their sphere of jurisdiction
• To implement a State must enact National Legislation giving effect to and
enforcing its provisions

Flag State Jurisdiction

• States shall ensure compliance by vessels flying their flag or of their registry with
applicable international rules and standards.
• The operation of a ship is governed by the national laws and regulations of the
flag State, including those laws and regulations giving effect to international
conventions.

Port State Jurisdiction

• When a vessel is voluntarily within a port or at an offshore terminal of a State, that
State may:
➢ Undertake investigations
➢ Where the evidence so warrants, institute proceedings in respect of any
discharge from that vessel outside its internal waters, territorial sea or
exclusive economic zone in violation of applicable international rules
and standards.

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Coastal State Jurisdiction
• The Coastal State may adopt laws and regulations, in conformity to the
Rules of International Law, relating to innocent passage through the territorial
sea.

Main originators of international conventions concerned with maritime law are:

1. International Maritime Organization (IMO)
2. International Labor Organization (ILO)
3. Comite Maritime International (CMI)
4. United Nation (UN)

Key IMO Convention:

1. International Convention for the Safety of Life at Sea (SOLAS), 1974, as amended
2. International Convention for the Prevention of Pollution from Ships, 1973, as
modified by the Protocol of 1978 relating thereto and by the Protocol of 1997
(MARPOL)
3. International Convention on Standards of Training, Certification and Watchkeeping
for Seafarers (STCW) as amended, including the 1995 and 2010 Manila
Amendments
International Tribunal for the Law of the Sea (ITLOS)

After the entry into force of the UN Convention on the Law of the Sea on 16th November,
1994 strong efforts were made for the establishment of an International Tribunal for the
Law of the Sea (ITLOS). In August 1996, 21 Judges of the Tribunal were elected on the
basis of “equitable geographical distribution”. The ITLOS is an intergovernmental
organization created by the mandate of the Third UN Conference on the Law of the Sea.
It was established by the UN Convention on the Law of the Sea, signed at Montego Bay,
Jamaica, on 10th December, 1982. The ITLOS was ultimately established on 21st
October, 1996 of which jurisdiction is not compulsory and is optional or based on the
consent of the States. The Tribunal consists of 21 members, elected from among the
highest reputation of fairness and integrity and a recognized competence in the field of
the law of the sea (Kapoor, 2008: p. 153). The Tribunal is situated in Germany,
established a global framework for law over “all ocean space, its uses and resources”.
The Tribunal is open to all the state parties to the 1982 UN Convention on the Law of the
Sea.

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 United Nations Convention on the Law of the Sea (UNCLOS)
• Also known as the Law of the Sea Convention or the Law of the Sea treaty

• The international agreement that resulted from the third United Nations
Conference on the Law of the Sea (UNCLOS III), which took place between 1973
and 1982.

• UNCLOS defines the rights and responsibilities of nations with respect to their use
of the world's oceans, establishing guidelines for businesses, the environment,
and the management of marine natural resources.

Arvid Pardo

• Known as the Father of the Law of the Sea Conference

• In November 1, 1967, Malta's Ambassador to the United Nations, Arvid Pardo,

asked the nations of the world to look around them and open their eyes to a
looming conflict that could devastate the oceans, the lifeline of man's very survival.

• Known as the Father of the Law of the Sea Conference

• In November 1, 1967, Malta's Ambassador to the United Nations, Arvid Pardo,

asked the nations of the world to look around them and open their eyes to a
looming conflict that could devastate the oceans, the lifeline of man's very survival.

UNCLOS III
• Convened in New York 1973 to 1982
• With more than 160 nations participating

• The resulting convention came into force on 16 November 1994

• The convention introduced a number of provisions

United Nations Convention on the Law of the Sea - KEY PROVISIONS

• Setting Limits
• Navigation
• Exclusive Economic Zone
• Continental Shelf

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 • Deep Seabed Mining
• The Exploitation Regime
• Technological Prospects
• The Question of Universal Participation in the Convention
• Pioneer Investors
• Protection of The Marine Environment
• Marine Scientific Research
• Settlement of Disputes

(Part II of UNCLOS) TERRITORIAL SEA AND CONTIGUOUS ZONE

Various Jurisdictions of the Maritime Zones

Under both the Geneva Convention on Territorial Sea, 1958 and the UN Convention on
the Law of the Sea, 1982 there are following seven maritime areas over which the States
can exercise their jurisdiction:
1) Base Line;
2) Inland waters;
3) Territorial Sea;

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4) Contiguous Zone;
5) Exclusive Economic Zone (EEZ);
6) High Seas; and
7) Continental shelf.

LIMITS OF THE TERRITORIAL SEA

Breadth of the territorial sea
• Every State has the right to establish the breadth of its territorial sea up to a limit
not exceeding 12 nautical miles, measured from baselines determined in
accordance with this Convention.
Outer limit of the territorial sea
• The line every point of which is at a distance from the nearest point of the baseline
equal to the breadth of the territorial sea.
Normal baseline
The normal baseline for measuring the breadth of the territorial sea is the low-water line
along the coast as marked on large-scale charts officially recognized by the coastal State.

Right of Innocent Passage: Explanation of the Idea

Article 17 of the 1982 Convention deals with the right of innocent passage of states and
provides that, subject to this Convention, ships of all States, whether coastal or land-
locked, enjoy the right of innocent passage through the territorial sea.
The 1982 Convention also contains provisions regarding the meaning of ‘passage’ which
in its article 18 (1) states that:
1. Passage means navigation through the territorial sea for the purpose of:
a) Traversing that sea without entering internal waters or calling at a roadstead or port
facility outside internal waters; or
b) Proceeding to or from internal waters or a call at such roadstead or port facility.
2. Passage shall be continuous and expeditious.
3. Passage includes stopping and anchoring, but only in so far as the same are incidental
to ordinary navigation or are rendered necessary by force majeure or distress for the
purpose of rendering assistance to persons, ships or aircraft in danger or distress (Article
18 (2)).

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Conversely, article 19 (1) provides the meaning of ‘innocent passage’ and accordingly
states that, passage is innocent so long as it is not prejudicial to the peace, good order
or security of the coastal State. Such passage shall take place in conformity with this
Convention and with other rules of international law. The right to innocent passage shall
no longer remain innocent if the peace and security of the territorial sea of the coastal
state is hampered by any act of the foreign vessel (Article 19 (2) (a) - (i), 1982).

Innocent Passage in the Territorial Sea

Passage is innocent so long as it is not prejudicial to the peace, good order or
security of the coastal State. Such passage shall take place in conformity with this
convention and with other rules of international law.
1. Any threat or use of force against the sovereignty, territorial integrity or
political independence of the coastal State
2. Any exercise or practice with weapons of any kind;
3. Any act aimed at collecting information to the prejudice of the defense or
security of the coastal State;
4. any act of propaganda aimed at affecting the defense or security of the
coastal State;
5. the launching, landing or taking on board of any aircraft;
6. the launching, landing or taking on board of any military device;
7. The loading or unloading of any commodity, currency or person contrary to
the customs, fiscal, immigration or sanitary laws and regulations of the
coastal State;
8. Any act of willful and serious pollution contrary to this Convention;
9. Any; fishing activities
10. The carrying out of research or survey activities;
11. Any act aimed at interfering with any systems of communication or any other
facilities or installations of the coastal State;
12. Any other activity not having a direct bearing on passage.
Obligations of the Coastal State
• The coastal state has some obligations regarding the innocent passage under the
1982 Convention. For instance, the coastal state shall enact necessary legislations
regarding the right to innocent passage (Article 21 (1) - (4), 1982). That is to say,
the obligation to ensure the security of innocent passage lies upon the coastal
state (Article 22 (1)).
• Again, article 25 deals with the rights of protection of the coastal State which states
in its sub article (1) that, the coastal State may take the necessary steps in its
territorial sea to prevent passage which is not innocent.
• The coastal State may, without discrimination in form or in fact among foreign ships,
suspend temporarily in specified areas of its territorial sea, the innocent

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 passage of foreign ships if such suspension is essential for the protection of its
security, including weapons exercises. Such suspension shall take effect only after
having been duly published (Article 25 (3)).

Coastal States’ Criminal Jurisdiction: Vessels in Innocent Passage

Article 27 deals with the provisions regarding the criminal jurisdiction on board a foreign
ship and provides in its sub-article
1. The criminal jurisdiction of the coastal State should not be exercised on board a foreign
ship passing through the territorial sea to arrest any person or to conduct any investigation
in connection with any crime committed onboard the ship during its passage, save only
in the following cases:
a) If the consequences of the crime extend to the coastal State;
b) If the crime is of a kind to disturb the peace of the country or the good order of the
territorial sea;
c) If the assistance of the local authorities has been requested by the master of the
ship or by a diplomatic agent or consular officer of the flag State; or
d) If such measures are necessary for the suppression of illicit traffic in narcotic drugs
or psychotropic substances.
The above provisions do not affect the right of the coastal State to take any steps
authorized by its laws for the purpose of an arrest on board a foreign ship passing through
the territorial sea after leaving internal waters (Article 27 (2), 1982). In considering
whether or in what manner an arrest should be made, the local authorities shall have due
regard to the interests of navigation (Article 27 (4)).

Civil Jurisdiction of the of the Coastal State over the Vessels in Innocent Passage
Article 28 of the 1982 Convention deals with the civil jurisdiction of the coastal state in
relation to foreign ships which states as follows:
1) The coastal State should not stop or divert a foreign ship passing through the territorial
sea for the purpose of exercising civil jurisdiction in relation to a person on board the ship.
2) The coastal State may not levy execution against or arrest the ship for the purpose of
any civil proceedings, save only in respect of obligations or liabilities assumed or incurred
by the ship itself in the course or for the purpose of its voyage through the waters of the
coastal State.
3) Para (2) is without prejudice to the right of the coastal State, in accordance with its
laws, to levy execution against or to arrest, for the purpose of any civil proceedings, a
foreign ship lying in the territorial sea, or passing through the territorial sea after leaving
internal waters.

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Contiguous Zone
1. In a zone contiguous to its territorial sea, described as the contiguous zone, the
coastal State may exercise the control necessary to:
a. prevent infringement of its customs, fiscal, immigration or sanitary laws
and regulations within its territory or territorial sea;
b. punish infringement of the above laws and regulations committed within
its territory or territorial sea.
2. The contiguous zone may not extend beyond 24 nautical miles from the
baselines from which the breadth of the territorial sea is measured.

Jurisdiction of the Coastal State in the Contiguous Zone

If the coastal state notices that another state or person is violating its rights, or fleeing
after committing any crime, or hampering the law-and-order situations in the contiguous
zone area of the coastal state, then it has jurisdiction to prosecute and punish the
perpetrator state.

(Part III of UNCLOS) STRAITS USED FOR INTERNATIONAL NAVIGATION

Strait
• A narrow stretch of sea connecting two
extensive areas of sea (or a narrow
passage connecting two sections of the
high seas).
• Four categories of straits:
1. Straits governed by long-standing
special conventions.

2. Straits with central corridors of high

seas or EEZ.

3. Straits subject to the regime of innocent passage.

4. Straits subject to the regime of transit passage.

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Transit Passage
• A concept of UNCLOS which allows a vessel or aircraft the freedom of
navigation or overflight solely for the purpose of continuous and
expeditious transit of a strait between one part of the high seas or exclusive
economic zone and another.
• Since it is a transit through an area subject to the sovereignty of the coastal
State, this freedom of navigation has to be subject to a number of limiting
rules designed to protect the interests of the coastal State and promote
safety of navigation.

Duties of ships during transit passage

• Proceed without delay through or over the strait;
• Refrain from any threat or use of force against the sovereignty, territorial integrity
or political independence of States bordering the strait, or in any other manner in
violation of the principles of international law embodied in the Charter of the
United Nations;
• Refrain from any activities other than those incident to their normal modes of
continuous and expeditious transit unless rendered necessary by force majeure
or by distress.
• Comply with generally accepted international regulations, procedures and
practices for safety at sea, including the International Regulations for Preventing
Collisions at Sea;
• Comply with generally accepted international regulations, procedures and
practices for the prevention, reduction and control of pollution from ships.

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 (Part V of UNCLOS) EXCLUSIVE ECONOMIC ZONE (EEZ)

Exclusive Economic Zone (EEZ) or Patrimonial Sea

The patrimonial sea can be briefly defined as an economic zone not. more than 200 miles
in breadth from the base line of the territorial. sea (the limit of which shall not exceed 12
miles), where there will be. freedom of navigation and overflight for the ships and aircraft
of all.
Breadth of the exclusive economic zone:
• The exclusive economic zone shall not extend beyond 200 nautical miles from the
baselines from which the breadth of the territorial sea is measured.
• Within this area, the coastal nation has sole exploitation rights over all natural
resources.
• Includes the territorial sea and even the continental shelf.
• The EEZs were introduced to halt the increasingly heated clashes over fishing
rights, although oil was also becoming important.
• Foreign nations have the freedom of navigation and overflight, subject to the
regulation of the coastal states.
• Foreign states may also lay submarine pipes and cables.

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Continental Shelf
• A state's continental shelf may exceed 200 nautical miles (370 km) until the natural
prolongation ends. However, it may never exceed 350 nautical miles (650
kilometers; 400 miles) from the baseline; or it may never exceed 100 nautical miles
(190 kilometers; 120 miles) beyond the 2,500 meter isobath (the line connecting
the depth of 2,500 meters).
• Coastal states have the right to harvest mineral and non-living material in the
subsoil of its continental shelf, to the exclusion of others.

Continental Shelf
• The natural prolongation of the
land territory to the continental
margin's outer edge,
• 200 nautical miles (370 km) from
the coastal state's baseline,
whichever is greater

High Seas
• All parts of the sea that are not
included in the exclusive economic
zone, in the territorial sea or in the
internal waters of a State, or in the
archipelagic waters of an archipelagic
State.

The high seas are open to all States, whether coastal or land-locked. Freedom of the
high seas is exercised under the conditions laid down by this Convention and by other
rules of international law. It comprises, inter alia, both for coastal and land-locked States:
a. Freedom of navigation.
b. Freedom of overflight.

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 c. Freedom to lay submarine cables and pipelines.
d. Freedom to construct artificial islands and other installations permitted under
international law.
e. Freedom of fishing.
f. Freedom of scientific research.
g. The high seas shall be reserved for peaceful purposes.
h. Every State, whether coastal or land-locked, has the right to sail ships flying its
flag on the high seas.
i. All States shall cooperate to the fullest possible extent in the repression of piracy
on the high seas or in any other place outside the jurisdiction of any State.
j. All States shall cooperate in the suppression of illicit traffic in narcotic drugs and
psychotropic substances engaged in by ships on the high seas contrary to
international conventions.

(Part XII of UNCLOS)

Protection and Preservation of the Marine Environment
General Provision
• States have the obligation to protect
and preserve the marine environment.
• States have the sovereign right to
exploit their natural resources pursuant
to their environmental policies and in
accordance with their duty to protect
and preserve the marine environment.

Measures to Prevent, Reduce and Control Pollution of the Marine Environment

• States shall take, individually or jointly as appropriate, all measures necessary to
prevent, reduce and control pollution of the marine environment from any source,
using for this purpose the best practicable means at their disposal and in
accordance with their capabilities, and they shall endeavor to harmonize their
policies in this connection.

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States shall take all measures necessary to ensure that:
• activities under their jurisdiction or control are conducted not to cause damage by
pollution to other States and their environment,
• pollution arising from incidents or activities under their jurisdiction or control does
not spread beyond the areas where they exercise sovereign rights.

Duty not to Transfer Damage or Hazards or Transform one Type of Pollution into
Another
In taking measures to prevent, reduce and control pollution of the marine environment,
• States shall act so as not to transfer, directly or indirectly, damage or hazards
from one area to another or transform one type of pollution into another.

Use of Technologies or Introduction of Alien or New Species

States shall take all measures necessary to prevent, reduce and control:
✓ pollution of the marine environment resulting from the use of technologies under
their jurisdiction
✓ the intentional or accidental introduction of species, alien or new, to a particular
part of the marine environment, which may cause significant and harmful changes
thereto.

Cooperation
• Art. 197 UNCLOS covers cooperation on a global and regional basis
• Notably, developing States receive a preferential treatment. (Art. 202 & 203
UNCLOS)
• There exists a special role for the International Maritime Organization (IMO), which
is largely responsible for the formulation of rules and standards as far as pollution
from vessels is concerned (see also Art. 211 UNCLOS)

International Rules and National Legislation to Prevent, Reduce and Control

Pollution of the Marine Environment

Pollution from land-based sources:

• States shall adopt laws and regulations to prevent, reduce and control pollution of
the marine environment from land-based sources, including rivers, estuaries,

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 pipelines and outfall structures, taking into account internationally agreed rules,
standards, and recommended practices and procedures.
• States shall endeavor to establish global and regional rules, standards and
recommended practices and procedures to prevent, reduce and control pollution
of the marine environment from land-based sources.

Pollution from seabed activities subject to national jurisdiction:

• Coastal States shall adopt laws and regulations to prevent, reduce and control
pollution of the marine environment arising from or in connection with seabed
activities subject to their jurisdiction and from artificial islands, installations and
structures under their jurisdiction.
• States shall endeavor to harmonize their policies in this connection at the
appropriate regional level.

Pollution from dumping:

• States shall adopt laws and regulations to prevent, reduce and control pollution of
the marine environment by dumping.
• States shall endeavor to establish global and regional rules, standards and
recommended practices and procedures to prevent, reduce and control such
pollution.
• Dumping within the territorial sea and the exclusive economic zone or onto the
continental shelf shall not be carried out without the express prior approval of the
coastal State.

Pollution from vessels:

States shall
• Establish international rules and standards to prevent, reduce and control pollution
of the marine environment from vessels.
• Promote the adoption, wherever appropriate, of routing systems designed to
minimize the threat of accidents which might cause pollution of the marine
environment, including the coastline and pollution damage to the related interests
of coastal States.

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 • States shall adopt laws and regulations for the prevention, reduction and control
of pollution of the marine environment from vessels flying their flag or of their
registry.
• States which establish particular requirements for the prevention, reduction and
control of pollution of the marine environment as a condition for the entry of foreign
vessels into their ports or internal waters or for a call at their off-shore terminals
shall give due publicity to such requirements and shall communicate them to the
competent international organization.
• Coastal States, may in respect of their exclusive economic zones adopt laws and
regulations for the prevention, reduction and control of pollution from vessels
conforming to and giving effect to generally accepted international rules and
standards established through the competent international organization or general
diplomatic conference.
Pollution from or through the atmosphere:
States shall
• adopt laws and regulations to prevent, reduce and control pollution of the marine
environment from or through the atmosphere, applicable to the air space under
their sovereignty and to vessels flying their flag or vessels or aircraft of their
registry.
• endeavor to establish global and regional rules, standards and recommended
practices and procedures to prevent, reduce and control such pollution.

Enforcement
• When it comes to enforcement measures concerning the protection and
preservation of the marine environment, UNCLOS differentiates between the
different sources of marine pollution.
• Flag State jurisdiction in the case of pollution by vessels is complemented by port-
state jurisdiction.
• Regional organization of port State control takes place according to Memoranda
of Understanding on Port State Control.
• The clause “no more favorable treatment” for foreign ships prevents vessels flying
the flag of non-ratifying States from being in an advantageous position.
• The resulting third-party effect is generally prohibited under the law of treaties.
• Measures to avoid pollution from marine casualties may be taken by States beyond
the territorial sea in protection of their coastlines and related interests. (Art. 221
UNCLOS)
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Liability
• Liability (e.g. for oil pollution) is regulated in international treaties and considered
one additional mean to prevent pollution and provide compensation. (Art. 235
UNCLOS)
• State Parties to UNCLOS are urged to implement and further develop international
legal frameworks concerning liability and responsibility concerning, for example,
compulsory insurance and compensation funds.

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