Page 15 - 42 SAYURUSARA
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Sayurusara 2020 December 13
Applying the ‘polluter pays’ principle, the European nations, the decisions of international and lower
Court of Justice (ECJ) decided in year 2008 that fuel courts, and scholarly writings. Unlike treaty law,
oil spilled from the tanker MT Erika which polluted which is only applicable to those states that are
parties to the particular agreement; customary law
coast of Brittany in 1999, falls within the scope of is binding upon all states, regardless of whether
they have ratified a treaty, but to the extent that
‘waste’. Hence, the cargo owners together with the such States have readily practiced it. According
shipowners and the classification society were to self-evident principle, domestic law cannot
found liable to pay €192 million in compensation to be used as a justification for a failure to meet an
international responsibility.
victims of the spill. The ECJ decision should serve
International Maritime Organization
as a warning to all those involved in the selling and (IMO) is the United Nations agency responsible
for maritime safety and environmental protection
transportation of oil and other potentially polluting of the oceans. All of the world's major shipping
nations are members of IMO. Each member
substances, to consider very carefully the quality nation is encouraged to accept the international
agreements adopted by IMO including more than
of the ship and the shipowner or operator chosen 25 full conventions or treaties and many other
codes, resolutions containing recommendations
to transport that cargo and generally exercise and guidelines. Regulation of ship design for safety
and pollution prevention is achieved primarily
particular care when vetting tankers (Fulbright, through following three international conventions
(Council, 1991).
2009).
1. The International Convention on
The supertanker SS Torrey Canyon ran Load Lines (1966), or ICLL.
aground on a reef off the south-west coast of the
United Kingdom (Scilly Isles) in 1967, spilling 2. The International Convention
an estimated 94 -164 million liters of crude oil. for the Safety of Life at Sea (1974) and its
Attempts to mitigate the damage included the 1978 Protocol (SOLAS).
bombing of the wreck by aircraft from the Royal
Navy and Royal Air Force, causing a potential 3. The International Convention for
international incident, as the ship was not British, the Prevention of Pollution from Ships
and was in international waters. Hundreds of miles (1973) and its 1978 Protocol (MARPOL).
of coastline in Britain, France, Guernsey, and Spain
were affected by the oil and other substances used Conventions do not specify penalties
in an effort to mitigate damage (Moss , 2018). The for noncompliance, other than removal of the
British government was strongly criticized for its current certificate. They direct that penalties (by
handling of the incident, which was at that time indictment, warning, fine, or imprisonment of
the costliest shipping disaster ever. The RAF and the person(s) responsible for the violation) be
the Royal Navy were also subject to ridicule as imposed by the flag state. In addition to complying
a result of their efforts to assist in resolving the with international convention requirements,
matter, given that as many as 25% of the 42 bombs ships must adhere to any additional requirements
that they dropped missed the enormous stationary imposed by the flag state. Compliance becomes
target. further complicated when nations, as port states,
impose unilateral requirements. Each flag state
Even though, there are records of many ship may require its own vessels to meet any set of
regulations deemed appropriate. The regulations
accidents resulted oil spills at sea every year, there may apply as vessels travel anywhere in the world.
is significant reduction of the volume of oil split However, each port-state may require foreign-
into the marine environment understandably due flagged vessels entering its waters to meet its
to the standardization of ships and laws enforced. own set of regulations. Each tankship is regulated
by design, arrangements, and construction by
Through the Legal Lens the international agreements ratified by its
flag state. Nations that have formally ratified or
Understanding the international law and its approved IMO conventions usually implement the
nature compared with domestic law are essential
when analyzing cases like this. The relationship
between domestic and international law on a
procedural level can be complex, particularly
where a national court is applying international
law directly. The sources of international law is
applicable when dealing with international disputes
found in; Treaty law, Customary international law
(Established by state practice and ‘Opinio Juris’),
General principles of law recognized by civilized
Applying the ‘polluter pays’ principle, the European nations, the decisions of international and lower
Court of Justice (ECJ) decided in year 2008 that fuel courts, and scholarly writings. Unlike treaty law,
oil spilled from the tanker MT Erika which polluted which is only applicable to those states that are
parties to the particular agreement; customary law
coast of Brittany in 1999, falls within the scope of is binding upon all states, regardless of whether
they have ratified a treaty, but to the extent that
‘waste’. Hence, the cargo owners together with the such States have readily practiced it. According
shipowners and the classification society were to self-evident principle, domestic law cannot
found liable to pay €192 million in compensation to be used as a justification for a failure to meet an
international responsibility.
victims of the spill. The ECJ decision should serve
International Maritime Organization
as a warning to all those involved in the selling and (IMO) is the United Nations agency responsible
for maritime safety and environmental protection
transportation of oil and other potentially polluting of the oceans. All of the world's major shipping
nations are members of IMO. Each member
substances, to consider very carefully the quality nation is encouraged to accept the international
agreements adopted by IMO including more than
of the ship and the shipowner or operator chosen 25 full conventions or treaties and many other
codes, resolutions containing recommendations
to transport that cargo and generally exercise and guidelines. Regulation of ship design for safety
and pollution prevention is achieved primarily
particular care when vetting tankers (Fulbright, through following three international conventions
(Council, 1991).
2009).
1. The International Convention on
The supertanker SS Torrey Canyon ran Load Lines (1966), or ICLL.
aground on a reef off the south-west coast of the
United Kingdom (Scilly Isles) in 1967, spilling 2. The International Convention
an estimated 94 -164 million liters of crude oil. for the Safety of Life at Sea (1974) and its
Attempts to mitigate the damage included the 1978 Protocol (SOLAS).
bombing of the wreck by aircraft from the Royal
Navy and Royal Air Force, causing a potential 3. The International Convention for
international incident, as the ship was not British, the Prevention of Pollution from Ships
and was in international waters. Hundreds of miles (1973) and its 1978 Protocol (MARPOL).
of coastline in Britain, France, Guernsey, and Spain
were affected by the oil and other substances used Conventions do not specify penalties
in an effort to mitigate damage (Moss , 2018). The for noncompliance, other than removal of the
British government was strongly criticized for its current certificate. They direct that penalties (by
handling of the incident, which was at that time indictment, warning, fine, or imprisonment of
the costliest shipping disaster ever. The RAF and the person(s) responsible for the violation) be
the Royal Navy were also subject to ridicule as imposed by the flag state. In addition to complying
a result of their efforts to assist in resolving the with international convention requirements,
matter, given that as many as 25% of the 42 bombs ships must adhere to any additional requirements
that they dropped missed the enormous stationary imposed by the flag state. Compliance becomes
target. further complicated when nations, as port states,
impose unilateral requirements. Each flag state
Even though, there are records of many ship may require its own vessels to meet any set of
regulations deemed appropriate. The regulations
accidents resulted oil spills at sea every year, there may apply as vessels travel anywhere in the world.
is significant reduction of the volume of oil split However, each port-state may require foreign-
into the marine environment understandably due flagged vessels entering its waters to meet its
to the standardization of ships and laws enforced. own set of regulations. Each tankship is regulated
by design, arrangements, and construction by
Through the Legal Lens the international agreements ratified by its
flag state. Nations that have formally ratified or
Understanding the international law and its approved IMO conventions usually implement the
nature compared with domestic law are essential
when analyzing cases like this. The relationship
between domestic and international law on a
procedural level can be complex, particularly
where a national court is applying international
law directly. The sources of international law is
applicable when dealing with international disputes
found in; Treaty law, Customary international law
(Established by state practice and ‘Opinio Juris’),
General principles of law recognized by civilized
