Coastal Nations

UNCLOS III: Enforcement by Coastal Nations (Not Acting as Port Nations)

Note: for information on United Nations Convention on Law of the Sea III (UNCLOS III), please see here.

By Daniel Hollis.

The powers of a coastal nations to enforce various anti-pollution measures varies depending on the location of both the suspected violation and the location of the ship at the time the coastal nation chooses to act its suspicion. In cases where ships are currently navigating in the territorial sea of a coastal nation and it is suspected that a violation of either international anti-pollution laws or the coastal nation’s laws has occurred while the vessel was navigating through the territorial sea, the coastal nation has the authority to undertake a physical inspection of the vessel and may institute proceedings against it. Note that there are a few criteria that must be met. First, the ship must have committed the violation in the territorial sea of the coastal nation and secondly, the ship must still be in the territorial sea of the coastal nation. Only then can agents of the coastal nation undertake an investigation of the ship.[1]

For suspected violations that occur in the EEZ of the coastal nation, the power and authority of that nation is not as broad. In cases where a suspected violation has occurred in the EEZ and the vessel is still in either the territorial sea or the EEZ, the coastal nation is permitted to request information regarding the ship (specifically its identity, port of registry, its last and next port of call, and other information the coastal nation deems necessary to establish whether or not a violation has occurred).[2] Should the ship be unwilling to supply that information, or if the information supplied is clearly false, only then can the coastal nation undertake a physical investigation of the vessel.[3] Here the requirements are that the suspected violation occurs in the EEZ, the vessel in question must still be in either the territorial sea or the EEZ, a request must be issues for information, and only after a failure of the ship to comply with the request of the coastal nation may that nation undertake a physical investigation of the ship.

The preceding paragraphs only cover suspected violations. If, however, there is “clear objective evidence” that a vessel currently navigating in a costal nation’s territorial sea or EEZ has committed a violation in the EEZ “resulting in a discharge causing major damage or [the] threat of major damage to the coastline or related interests of the coastal State, … that State may… institute proceedings, including detention of the vessel.”[4] In order for the coastal nation to take such measures, there has to be clear evidence of the violation occurring, the violation must result in major damage to the coastline or the interests and resources of the nation or the threat of major damage, and the vessel must still be within the territorial sea or the EEZ.

Resources

1. UNCLOS art 220(2); UNCLOS art 220(8).
2. UNCLOS art 220(3); UNCLOS art 220(8).
3. UNCLOS art 220(5).
4. UNCLOS art 220(6) Added; UNCLOS art 220(8).

Further Reading

• Churchill R. R., A. V. Lowe. 1988. The Law of the Sea. Manchester (2nd ed.) ISBN: 1578230292
• Oxman B. H. 1994. The 1994 Agreement and the Convention. American Journal of International Law, 88:687-96.
• Treves T. 1990. Codification du Droit International et Pratique des Etats dans le Droit de la Mer. HR IV p.9
• 1982 United Nations Law of the Sea Convention (Full Text (United Nations Convention on Law of the Sea (UNCLOS), 1982))