United Nations Convention on the Law of the Sea 21

United Nations Convention on the Law of the Sea

 

Article 220
Enforcement by coastal States

1. When a vessel is voluntarily within a port or at an off-shore terminal
of a State, that State may, subject to section 7, institute proceedings in
respect of any violation of its laws and regulations adopted in accordance
with this Convention or applicable international rules and standards for
the prevention, reduction and control of pollution from vessels when the
violation has occurred within the territorial sea or the exclusive economic
zone of that State.

2. Where there are clear grounds for believing that a vessel navigating in
the territorial sea of a State has, during its passage therein, violated
laws and regulations of that State adopted in accordance with this
Convention or applicable international rules and standards for the
prevention, reduction and control of pollution from vessels, that State,
without prejudice to the application of the relevant provisions of Part II,
section 3, may undertake physical inspection of the vessel relating to the
violation and may, where the evidence so warrants institute proceedings,
including detention of the vessel, in accordance with its laws, subject to
the provisions of section 7.

3. Where there are clear grounds for believing that a vessel navigating in
the Exclusive Economic Zone or the territorial sea of a State has, in the
Exclusive Economic Zone , committed a violation of applicable international
rules and standards for the prevention, reduction and control of pollution
from vessels or laws and regulations of that State conforming and giving
effect to such rules and standards, that State may require the vessel to
give information regarding its identity and port of registry, its last and
its next port of call and other relevant information required to establish
whether a violation has occurred.

4. States shall adopt laws and regulations and take other measures so that
vessels flying their flag comply with requests for information pursuant to
paragraph 3.

5. Where there are clear grounds for believing that a vessel navigating in
the exclusive economic zone or the territorial sea of a State has, in the
exclusive economic zone, committed a violation referred to in paragraph 3
resulting in a substantial discharge causing or threatening significant
pollution of the marine environment, that State may undertake physical
inspection of the vessel for matters relating to the violation if the
vessel has refused to give information or if the information supplied by
the vessel is manifestly at variance with the evident factual situation and
if the circumstances of the case justify such inspection.

6. Where there is clear objective evidence that a vessel navigating in the
exclusive economic zone or the territorial sea of a State has, in the
exclusive economic zone, committed a violation referred to in paragraph 3
resulting in a discharge causing major damage or threat of major damage to
the coastline or related interests of the coastal State, or to any
resources of its territorial sea or exclusive economic zone, that State
may, subject to section 7, provided that the evidence so warrants,
institute proceedings, including detention of the vessel, in accordance
with its laws.

7. Notwithstanding the provisions of paragraph 6, whenever appropriate
procedures have been established, either through the competent
international organization or as otherwise agreed, whereby compliance with
requirements for bonding or other appropriate financial security has been
assured, the coastal State if bound by such procedures shall allow the
vessel to proceed.

8. The provisions of paragraphs 3, 4, 5, 6 and 7 also apply in respect of
national laws and regulations adopted pursuant to article 211, paragraph 6.

Article 221
Measures to avoid pollution arising from maritime casualties

1. Nothing in this Part shall prejudice the right of States, pursuant to
international law, both customary and conventional, to take and enforce
measures beyond the territorial sea proportionate to the actual or
threatened damage to protect their coastline or related interests,
including fishing, from pollution or threat of pollution following upon a
maritime casualty or acts relating to such a casualty, which may reasonably
be expected to result in major harmful consequences.

2. For the purposes of this article, “maritime casualty” means a collision
of vessels, stranding or other incident of navigation, or other occurrence
on board a vessel or external to it resulting in material damage or
imminent threat of material damage to a vessel or cargo.

Article 222
Enforcement with respect to pollution from or
through the atmosphere

States shall enforce, within the air space under their sovereignty or with
regard to vessels flying their flag or vessels or aircraft of their
registry, their laws and regulations adopted in accordance with article
212, paragraph 1, and with Other provisions of this Convention and shall
adopt laws and regulations and take other measures necessary to implement
applicable international rules and standards established through competent
International Organizations or diplomatic conference to prevent, reduce and
control pollution of the marine environment from or through the atmosphere,
in conformity with all relevant international rules and standards
concerning the safety of air navigation.

SECTION 7. SAFEGUARDS

Article 223
Measures to facilitate proceedings

In proceedings instituted pursuant to this Part, States shall take measures
to facilitate the hearing of witnesses and the admission of evidence
submitted by authorities of another State, or by the competent
international organization, and shall facilitate the attendance at such
proceedings of official representatives of the competent international
organization, the flag State and any State affected by pollution arising
out of any violation. The official representatives attending such
proceedings shall have such rights and duties as may be provided under
national laws and regulations or international law.

Article 224
Exercise of powers of enforcement

The powers of enforcement against foreign vessels under this Part may only
be exercised by officials or by warships, military aircraft, or other ships
or aircraft clearly marked and identifiable as being on government service
and authorized to that effect.

Article 225
Duty to avoid adverse consequences in the exercise of the
powers of enforcement

In the exercise under this Convention of their powers of enforcement
against foreign vessels, States shall not endanger the safety of navigation
or otherwise create any hazard to a vessel, or bring it to an unsafe port
or anchorage, or expose the marine environment to an unreasonable risk.

Article 226
Investigation of foreign vessels

1. (a) States shall not delay a foreign vessel longer than is essential
for purposes of the investigations provided for in articles 216, 218
and 220. Any physical inspection of a foreign vessel shall be limited
to an examination of such certificates, records or other documents as
the vessel is required to carry by generally accepted international
rules and standards or of any similar documents which it is carrying;
further physical inspection of the vessel may be undertaken only
after such an examination and only when:
(i) there are clear grounds for believing that the condition of the
vessel or its equipment does not correspond substantially with the
particulars of those documents;
(ii) the contents of such documents are not sufficient to confirm or
verify a suspected violation; or
(iii) the vessel is not carrying valid certificates and records.
(b) If the investigation indicates a violation of applicable laws and
regulations or international rules and standards for the protection
and preservation of the marine environment, release shall be made
promptly subject to reasonable procedures such as bonding or other
appropriate financial security.
(c) Without prejudice to applicable international rules and standards
relating to the seaworthiness of vessels, the release of a vessel
may, whenever it would present an unreasonable threat of damage to
the marine environment, be refused or made conditional upon
proceeding to the nearest appropriate repair yard. Where release has
been refused or made conditional, the flag State of the vessel must
be promptly notified, and may seek release of the vessel in
accordance with Part XV.

2. States shall co-operate to develop procedures for the avoidance of
unnecessary physical inspection of vessels at sea.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international


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