Agreement on Cooperation on Marine Oil Pollution Preparedness and Response in the Arctic

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Agreement on Cooperation on Marine Oil Pollution Preparedness and Response in the Arctic

Agreement on Cooperation on Marine Oil Pollution Preparedness and Response in the Arctic in 2013

United States views on international law [1] in relation to Agreement on Cooperation on Marine Oil Pollution Preparedness and Response in the Arctic: On May 15, 2013, the governments of the member states of the Arctic Council (“the Parties”) concluded the “Agreement on Cooperation on Marine Oil Pollution Preparedness and Response in the Arctic.” The full text of the agreement is available at (Secretary of State website) state.gov/r/pa/prs/ps/2013/05/209406.htm.

Some Aspects of Agreement on Cooperation on Marine Oil Pollution Preparedness and Response in the Arctic

Article 1 states the objective of the Agreement, “to strengthen cooperation, coordination and mutual assistance among the Parties on oil pollution preparedness and response in the Arctic in order to protect the marine environment from pollution by oil.” Article 3 specifies the scope of the agreement, which applies with respect to oil pollution incidents that occur in or may pose a threat to any marine area over which a Party exercises sovereignty, sovereign rights or jurisdiction, including its internal waters, territorial sea, exclusive economic zone and continental shelf, consistent with international law and above a defined southern limit. The agreement also applies in areas north of the southern limit and beyond the jurisdiction of any State, to the extent consistent with international law. Article 4 requires each Party to “maintain a national system for responding promptly and effectively to oil pollution incidents.” Article 5 stipulates that each Party's national system must include designated national authorities and contact points responsible for oil pollution preparedness, response, and assistance. Article 6 relates to notification to Parties and other States in the event of an oil pollution incident. Article 7 addresses monitoring to identify and respond to oil pollution incidents. Article 8 provides that Parties may request assistance in addressing oil pollution incidents. The agreement also addresses the allocation of costs among Parties for their response actions, and allows general or case-by-base arrangements between Parties to allocate costs otherwise. The agreement also encourages joint exercises and other forms of cooperation, and requires the Parties to develop and maintain operational guidelines and other information to be contained in non-binding “Appendices.” Article 14 provides for regular meetings of the Parties:

Developments

The Parties shall meet no later than one year after the entry into force of this Agreement, as convened by the depositary, and from then on as decided by the Parties. At these meetings, the Parties shall review issues related to the implementation of this Agreement, adopt Appendices to this Agreement or modifications to the Appendices as provided in Article 20 of this Agreement, as appropriate, and consider any other issues as decided by the Parties. Parties may elect to convene such meetings in conjunction with meetings of the Arctic Council.

Details

In accordance with Article 22, the Agreement will enter into force “30 days after the date of receipt by the depositary of the last written notification through diplomatic channels that the Parties have completed the internal procedures required for its entry into force.”

Resources

Notes

  1. Agreement on Cooperation on Marine Oil Pollution Preparedness and Response in the Arctic in the Digest of United States Practice in International Law

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