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Bosphorus Queen Shipping Ltd Corp. v. Rajavartiolaitos
Published online by Cambridge University Press: 01 January 2021
Abstract
Treaties — Interpretation — Related treaties — Whether provisions of one treaty relevant in interpretation of another — United Nations Convention on the Law of the Sea, 1982 (“UNCLOS”) — International Convention for the Prevention of Pollution from Ships, 1973 (“Marpol Convention”) — International Convention relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969 (“Intervention Convention”) — UNCLOS concluded by the European Union and all its Member States — Status of these treaties in the EU legal order — Interpretative value of Marpol Convention and Intervention Convention in interpretation of UNCLOS
Environment — Marine environment — Pollution — Ship-borne pollution — Effects in the exclusive economic zone (“EEZ”) and territorial sea — Jurisdiction of the coastal State and the flag State — Limits on jurisdiction — UNCLOS — Marpol Convention — Intervention Convention — Enforcement rights of coastal States in their EEZ — Whether coastal States allowed to impose more stringent measures than those foreseen in UNCLOS Article 220(6)
Relationship of international law and municipal law — Treaties — European Union — Status of treaty as EU law — UNCLOS — Interpretation of Article 7(2) of Directive 2005/35/EC conforming to UNCLOS Article 220(6) — Relevance of treaties to which EU not party but which bind EU Member States
Sea — Environmental protection — Protection and preservation of marine environment — Ship-source pollution in EEZ — Flag State jurisdiction — Enforcement rights of coastal State — Whether and in which circumstances UNCLOS Article 220(6) authorizing a coastal State to instigate proceedings against a foreign vessel — Meaning of “clear and objective evidence” in UNCLOS Article 220(6) — Whether covering not only commission of a violation, but also its consequences — Meaning of “coastline or related interests” in UNCLOS Article 220(6) — Whether having the same meaning as in Article II of Intervention Convention — Whether covering non-living resources of territorial sea of coastal State as well as any resources in its EEZ — The law of the European Union
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