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Grunt Productions 2007 International International Maritime Law Maritime Law A brief by Lance Grindley A brief by Lance Grindley

Maritime law lrg

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Page 1: Maritime law lrg

Grunt Productions 2007

International Maritime International Maritime LawLaw

A brief by Lance GrindleyA brief by Lance Grindley

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Scope of LessonScope of Lesson

Nature of International LawNature of International Law Law of Armed ConflictLaw of Armed Conflict Classification of WatersClassification of Waters Status of ShipsStatus of Ships Conduct of ShipsConduct of Ships PollutionPollution Assistance and SalvageAssistance and Salvage

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Sources of InformationSources of Information

Guide to Maritime Law Guide to Maritime Law Annual Notices to Mariners (No12)Annual Notices to Mariners (No12) Mariner’s Handbook (NP 100)Mariner’s Handbook (NP 100) Sailing Directions for local Sailing Directions for local

informationinformation The Shipmasters business companionThe Shipmasters business companion

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DefinitionDefinition

““International law is the International law is the system of rules and system of rules and

principles which nations principles which nations regard as binding upon regard as binding upon

them in mutual dealings and them in mutual dealings and relations.”relations.”

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Sources of International LawSources of International Law

Written international agreements Written international agreements (Geneva conventions, UNCLOS III)(Geneva conventions, UNCLOS III)

Established custom and precedentEstablished custom and precedent Rulings of the International Court of Rulings of the International Court of

Justice and international arbitration Justice and international arbitration courtscourts

The influence of publicists in The influence of publicists in academic writingsacademic writings

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Law of Armed ConflictLaw of Armed Conflict Evolved as a desire to limit the Evolved as a desire to limit the

effects of any conflict to effects of any conflict to belligerent’s forces. The law belligerent’s forces. The law occupies itself with:occupies itself with:

Protection of neutralsProtection of neutrals Protection of crews of belligerents Protection of crews of belligerents

merchant shippingmerchant shipping Limiting the areas of conflictLimiting the areas of conflict Minimizing the suffering of wounded Minimizing the suffering of wounded

and POWsand POWs Limiting the choice of weaponryLimiting the choice of weaponry

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Duties of the Merchant NavyDuties of the Merchant Navy

To comply with the requirements of To comply with the requirements of international law and practiceinternational law and practice

To enforce certain provisions of To enforce certain provisions of international law which form part of international law which form part of UK municipal lawUK municipal law

To report any apparent infringement To report any apparent infringement of international law and practiceof international law and practice

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UN Charter Art 2(4)UN Charter Art 2(4)

““All members shall refrain in All members shall refrain in their international relations from their international relations from the threat or use of force against the threat or use of force against the territorial integrity or political the territorial integrity or political independence of any state”independence of any state”

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Self-Defence (UN Charter)Self-Defence (UN Charter) Article 51Article 51 ““Nothing in the present charter shall Nothing in the present charter shall

impair the inherent right of individual impair the inherent right of individual or collective self-defence if an armed or collective self-defence if an armed attack occurs against a member of attack occurs against a member of the United Nations, until the Security the United Nations, until the Security Council has taken measures to Council has taken measures to maintain international peace and maintain international peace and security”security”

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Self-defence DefinitionSelf-defence Definition

Based on Caroline Case (1841) must Based on Caroline Case (1841) must show:show:

““Necessity of self-defence, instant, Necessity of self-defence, instant, overwhelming, leaving no choice of overwhelming, leaving no choice of means and no moment of means and no moment of deliberation”.deliberation”.

““Nothing unreasonable or excessive; Nothing unreasonable or excessive; since the act was justified by the since the act was justified by the necessity and kept clearly within it”.necessity and kept clearly within it”.

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Aspects of Self-DefenceAspects of Self-Defence

Concept can be applied widely to a situation Concept can be applied widely to a situation such as the self-defence of a countrysuch as the self-defence of a country

Anticipatory action may be performed to Anticipatory action may be performed to forestall an attack believed to be imminentforestall an attack believed to be imminent

Dilemma in establishing what constitutes Dilemma in establishing what constitutes hostile intent (preparatory action)hostile intent (preparatory action)

Proportionality - Self-defence must not be Proportionality - Self-defence must not be excessive and choice of weapons may be excessive and choice of weapons may be significantsignificant

Must not be seen as a reprisalMust not be seen as a reprisal

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Exclusion ZonesExclusion Zones

Right under international law for a Right under international law for a country to declare maritime zones in country to declare maritime zones in the immediate vicinity of its naval the immediate vicinity of its naval operations.operations.

Exclusion zone developed to suit Exclusion zone developed to suit contemporary maritime operations.contemporary maritime operations.

Declaration of exclusion zone to Declaration of exclusion zone to adversary and President of UN adversary and President of UN Security Council.Security Council.

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Use of Exclusion ZonesUse of Exclusion Zones

8 Apr 82 maritime exclusion zone (MEZ) 8 Apr 82 maritime exclusion zone (MEZ) declared round Falklands.declared round Falklands.

23 Apr 82 UK issued warning that any 23 Apr 82 UK issued warning that any approach to the MEZ by Argentine naval approach to the MEZ by Argentine naval forces would generate appropriate forces would generate appropriate response.response.

28 Apr 82 total exclusion zone (TEZ) 28 Apr 82 total exclusion zone (TEZ) declared.declared.

3 May General Belgrano sunk 36 miles 3 May General Belgrano sunk 36 miles outside TEZ under terms of warning.outside TEZ under terms of warning.

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Classification of WatersClassification of Waters

Law based on United Nations Law based on United Nations Convention on the Law of the Sea Convention on the Law of the Sea (1982)(1982)

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Maritime ZonesMaritime Zones

All maritime zones are measured All maritime zones are measured from a baseline usually defined by from a baseline usually defined by the low water line along the coastthe low water line along the coast

Baseline can be modified to Baseline can be modified to account for special coastal features:account for special coastal features:

Low tide elevationsLow tide elevations IslandsIslands BaysBays Straight baselinesStraight baselines

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Territorial Limit from BaselineTerritorial Limit from Baseline

Smooth coastlines need many more points to define the limit

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Indented Coastline LimitIndented Coastline Limit

An indented coastline requires few points on the baselines to define the sea limit.

P1

P2 P3

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Low water line (MLWS)Low water line (MLWS)

CoastlineCoastline

Low Tide ElevationsLow Tide Elevations(Drying heights)(Drying heights)

Territorial Limit Territorial Limit drawn fromdrawn fromLow Water Low Water mark mark

Low Tides ElevationsLow Tides Elevations

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Less than 24 milesLess than 24 miles Less than 24 milesLess than 24 miles

Sea BaySea Bay

IndentationIndentationNon-BayNon-Bay

Territorial LimitTerritorial Limit

Bay Closing LinesBay Closing Lines

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Straight Baseline SystemsStraight Baseline Systems

Permitted on a heavily indented Permitted on a heavily indented coast or with offshore islandscoast or with offshore islands

Used to close bays and estuariesUsed to close bays and estuaries Dividing line between internal waters Dividing line between internal waters

and territorial watersand territorial waters Straight baseline systems Straight baseline systems

increasingly used (62 countries)increasingly used (62 countries)

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Straight Baselines (Example)Straight Baselines (Example)

Territorial SeaTerritorial Sea

Internal WatersInternal Waters

Coastal StateCoastal State

IslandIsland

BaselineBaseline

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UK UK BaselinesBaselines

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French BaselinesFrench Baselines

0 60 120

SPAIN

Bay of Biscay

Cor

sica

ATLANTIC OCEAN

MEDITERRANEAN SEA

FRANCE

4OW 4OE

48ON 48ON

46ON46ON

44ON44ON

0O

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Baselines - Baselines - Irish RepublicIrish Republic

0 50

nautical miles

Cork

Old Head of Kinsale

Limerick

Stags of Broadhaven

Malin Head

Waterford

IRELANDIRELAND

NORTHERN NORTHERN IRELANDIRELAND

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Ecuador Ecuador Baselines Baselines in 1971in 1971

3o 23’ 33”

Nautical miles

Point Manglares

Point Galera

Cape Pasado

PACIFIC OCEAN

La Plata Island

Point Santa Elena

Puna Island

PERUPERU

COLOMBIACOLOMBIA

ECUADORECUADOR

0 50

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Vietnamese Baseline ClaimsVietnamese Baseline Claims

VIETNAMVIETNAM

SOUTH CHINASOUTH CHINASEASEAPhuPhu

QuiQui50 miles50 miles

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Historic BaysHistoric Bays Claimed as exceptional right to draw Claimed as exceptional right to draw

bay closing lines across the entrance to bay closing lines across the entrance to bays and inlets which do not satisfy bays and inlets which do not satisfy normal requirementsnormal requirements

Based on positive exercise of Based on positive exercise of sovereigntysovereignty

Acceptance by other nationsAcceptance by other nations Existence for significant period of timeExistence for significant period of time e.g. Hudson’s Bay and Gulf of Californiae.g. Hudson’s Bay and Gulf of California

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Historic Bays Historic Bays Hudson’s BayHudson’s Bay

Gulf of Gulf of CaliforniaCalifornia

Gulf of California

Hudson’s Bay

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Gulf of SirteGulf of Sirte

BenghaziBenghazi

LIBYALIBYA

300 miles300 miles

Mediterranean SeaMediterranean SeaUS ExerciseUS ExerciseAreaArea

Historic Bay Claim - Gulf of SirteHistoric Bay Claim - Gulf of Sirte

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Internal WatersInternal Waters

All waters within the territory of a State All waters within the territory of a State (harbours, rivers and lakes) together (harbours, rivers and lakes) together with all waters to landward of the with all waters to landward of the baselinesbaselines Laws of the State are supremeLaws of the State are supreme Any vessel can be excludedAny vessel can be excluded Warships need diplomatic clearance to Warships need diplomatic clearance to

enterenter Four inter-oceanic canals are subject to Four inter-oceanic canals are subject to

special rules (Corinth, Suez, Panama, Kiel)special rules (Corinth, Suez, Panama, Kiel)

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Territorial SeasTerritorial Seas

Belt of water extending a maximum Belt of water extending a maximum of 12 miles to seaward of the of 12 miles to seaward of the baselinesbaselines

Part of the sovereign territory of the Part of the sovereign territory of the StateState

All vessels can normally claim All vessels can normally claim “innocent passage”“innocent passage”

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Innocent PassageInnocent Passage Navigation through the territorial sea for traversing Navigation through the territorial sea for traversing

the sea without entering internal waters or the sea without entering internal waters or proceeding into internal watersproceeding into internal waters

Limitations defined 1982 conventionLimitations defined 1982 convention Some States demand prior notification of the Some States demand prior notification of the

passage of a Merchant Shippassage of a Merchant Ship Coastal State is required to publicise dangers to Coastal State is required to publicise dangers to

navigationnavigation Right to deny passage if vessel fails to comply with Right to deny passage if vessel fails to comply with

rulesrules Temporary suspension in specified areas allowed Temporary suspension in specified areas allowed

provided it is not discriminatoryprovided it is not discriminatory

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High SeasHigh Seas All parts of the sea not included in the All parts of the sea not included in the

territorial sea or internal waters of a territorial sea or internal waters of a StateState

Vessels generally subject only to the Vessels generally subject only to the jurisdiction of their flag Statejurisdiction of their flag State

Limited jurisdiction may be exercised Limited jurisdiction may be exercised by coastal State, for example:by coastal State, for example: Internationally agreed fishery regulationsInternationally agreed fishery regulations In relation to EEZ or Continental ShelfIn relation to EEZ or Continental Shelf Establishing air defence identification zonesEstablishing air defence identification zones

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Contiguous ZonesContiguous Zones

May extend up to 24 miles from May extend up to 24 miles from baselinesbaselines

National jurisdiction only to the National jurisdiction only to the extent necessary to prevent or extent necessary to prevent or punish infringements of customs, punish infringements of customs, fiscal, immigration or sanitary fiscal, immigration or sanitary regulationsregulations

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International StraitsInternational Straits

Route used for international Route used for international navigation where no similarly navigation where no similarly convenient alternative existsconvenient alternative exists

Passage cannot be suspendedPassage cannot be suspended Over flight and submerged transit Over flight and submerged transit

permittedpermitted

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United United Kingdom Kingdom Rights of Rights of PassagePassage

SHETLAND/ORKNEY GAP SHETLAND/ORKNEY GAP RIGHTS OF TRANSIT RIGHTS OF TRANSIT PASSAGE APPLYPASSAGE APPLY

PENTLAND FIRTH RIGHTS OF PENTLAND FIRTH RIGHTS OF INNOCENT PASSAGE APPLYINNOCENT PASSAGE APPLY

STRAITS OF DOVER STRAITS OF DOVER RIGHTS OF TRANSIT RIGHTS OF TRANSIT PASSAGE APPLYPASSAGE APPLY

NORTH NORTH CHANNEL CHANNEL RIGHTS OF RIGHTS OF TRANSIT TRANSIT PASSAGE PASSAGE APPLYAPPLY

SCILLY ISLES/LANDS SCILLY ISLES/LANDS END RIGHTS OF END RIGHTS OF INNOCENT PASSAGEINNOCENT PASSAGE APPLYAPPLY

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Archipelagic WatersArchipelagic Waters

Convention includes provisions for Convention includes provisions for archipelagic states to claim archipelagic states to claim increased sovereigntyincreased sovereignty

State may designate sea lanes State may designate sea lanes suitable for continuous and suitable for continuous and expeditious passage in their normal expeditious passage in their normal mode of operationmode of operation

Disputes exist with respect to the Disputes exist with respect to the designation of these sea lanesdesignation of these sea lanes

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Archipelagic State (Example)Archipelagic State (Example)

ArchipelagicArchipelagicWatersWaters

TerritorialTerritorialSeaSea

Designated Sea LaneDesignated Sea Lane

ArchipelagicArchipelagicBaselineBaseline

Ratio ofRatio ofLandLandto Waterto Waterbetweenbetween1:1 and 1:91:1 and 1:9

InternalInternalWatersWaters

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Archipelagic StateArchipelagic StateFORMOSA

LUZON STRAIT

CHINA SEA

CELEBES SEA

MINDORO STRAIT

SULU SEA

PALAVAN

LUZON

MILES

0 60 120 180

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Indonesian ProposalIndonesian Proposal

Sumatra

Malaysia

Kallmantan

Java

Lombock Strait Weter

Strait

Australia

Sunda Strait

Celebes Sea

Philippines

PACIFIC OCEAN

INDIAN OCEAN

Java Sea

Malaysia

Brunei

0o 0o

LEGEND

Indonesian Proposed Sea Routes

Other Normal Routes

100oE 110oE 120oE 130oE 140oE

110oE 120oE 130oE 140oE

5oS

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Exclusive Economic ZoneExclusive Economic Zone

Extends up to maximum of 200 milesExtends up to maximum of 200 miles Must be specifically claimedMust be specifically claimed Rights extend to all resources in the Rights extend to all resources in the

water, on the sea bed and belowwater, on the sea bed and below Jurisdiction over research and Jurisdiction over research and

protection of environment (include protection of environment (include pollution control)pollution control)

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Continental ShelfContinental Shelf

May be claimed out to 350 miles or May be claimed out to 350 miles or 100 miles beyond 2,500 meter 100 miles beyond 2,500 meter isobathisobath

Rights to mineral resources and Rights to mineral resources and sedentary species of fishsedentary species of fish

Coastal state is entitled to erect Coastal state is entitled to erect installations and establish safety installations and establish safety zones (500 metres)zones (500 metres)

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Maritime Zones 1982 Maritime Zones 1982 ConventionConvention

Continental ShelfContinental Shelf

LowLowWaterWater

InternalInternalWatersWaters

1212 1212188188

Max 350 or 100 beyond 2,500mMax 350 or 100 beyond 2,500m

High SeasHigh SeasExclusiveExclusiveEconomic ZoneEconomic Zone

Bas

elin

eB

asel

ine

TerritorialTerritorialSeaSea

ContiguousContiguousZoneZone

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Continental Continental Shelf Shelf

Claims west Claims west of UKof UK

Faeroes

Rockall

Anglo-Irish Boundary

20oW

20oW

10oW

10oW

60oN 60oN

55oN 55oN

50oN 50oN

UK Designations

Icelandic Claim

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RockallRockall

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Faroe/UK Faroe/UK BoundaryBoundary

Faroe Islands

Torshavn

Suduroy

Shetland

Orkney

Stornoway

Atlantic Ocean

Boundary Britain preferred

Agreed demarcation for oil zones

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Proposed Proposed Sea Sea

BoundaryBoundaryEngland England

/Scotland/Scotland

Old Boundary

New Boundary

Berwick-on-Tweed

North Sea

40 miles

Aberdeen

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South South China China SeaSea So

uth

Sout

h C

hina

Sea

Chi

na S

ea

VietnamVietnam

Paracel IsParacel Is

Gulf ofGulf ofTonkinTonkin

LaosLaos

TaiwanTaiwan

ThailandThailand

Natuna IsNatuna Is

SingaporeSingapore

0 300 600

CHINACHINA

BruneiBrunei

SarawakSarawak

INDONESIAINDONESIA

PhilippinesPhilippines

MalaysiaMalaysia

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Spratly Islands - Licensed Oil Spratly Islands - Licensed Oil Exploration BlocksExploration Blocks

VietnamVietnam

PhilippinesPhilippines

SpratlySpratlyIslandsIslandsChineseChinese

BlockBlockVietnameseVietnameseBlocksBlocks

South ChinaSouth China SeaSea

BruneiBrunei

BorneoBorneo

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Status of Naval ShipsStatus of Naval Ships

Represent the sovereignty and independence Represent the sovereignty and independence of the State (sovereign immunity)of the State (sovereign immunity)

Must refrain from abusing their immunity Must refrain from abusing their immunity (Must not interfere in the affairs of another (Must not interfere in the affairs of another State)State)

Immunity extended to ship’s boats and Immunity extended to ship’s boats and usually to ship’s company ashore in uniform usually to ship’s company ashore in uniform and on official businessand on official business

Diplomatic clearance must be obtained Diplomatic clearance must be obtained before entering port or internal watersbefore entering port or internal waters

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Other Vessels Other Vessels State-owned vessels are generally regarded as State-owned vessels are generally regarded as

having same status and immunity as warships having same status and immunity as warships provided they are not commercially operated.provided they are not commercially operated.

Commercially operated and merchant ships Commercially operated and merchant ships may fall under the jurisdiction of the Coastal may fall under the jurisdiction of the Coastal State in the territorial sea and internal waters.State in the territorial sea and internal waters.

Jurisdiction in the course of innocent passage Jurisdiction in the course of innocent passage is limited to offences which affect the coastal is limited to offences which affect the coastal State or disturb the peace and good order, State or disturb the peace and good order, unless assistance is specifically requested, or unless assistance is specifically requested, or action is necessary to suppress narcotics action is necessary to suppress narcotics traffictraffic..

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PiracyPiracy

Only offence for which any nation Only offence for which any nation may arrest and punish under its own may arrest and punish under its own laws regardless of the nationality of laws regardless of the nationality of the offending vesselthe offending vessel

Offences must be committed on the High Offences must be committed on the High SeasSeas

Acts must be committed by private Acts must be committed by private individuals operating from private vesselsindividuals operating from private vessels

Use of government vessels or actions within Use of government vessels or actions within the territorial sea do not constitute piracythe territorial sea do not constitute piracy

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Actions on the High SeasActions on the High Seas

Jurisdiction over vessels vested solely Jurisdiction over vessels vested solely in the Flag State.in the Flag State.

Action against slavery or narcotics Action against slavery or narcotics traffic must be with the agreement of traffic must be with the agreement of the Flag State.the Flag State.

Exercise of jurisdiction would Exercise of jurisdiction would normally be regarded as aid to civil normally be regarded as aid to civil power and MOD approval should be power and MOD approval should be sought. sought.

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Hot PursuitHot Pursuit

May be exercised by competent May be exercised by competent authorities following legal violationsauthorities following legal violations Only commences after visual or auditory Only commences after visual or auditory

signal to stopsignal to stop Order to stop must be made whilst Order to stop must be made whilst

offending vessel is within specific maritime offending vessel is within specific maritime zonezone

Can only continue if pursuit not interruptedCan only continue if pursuit not interrupted Ends when offending vessel enters the Ends when offending vessel enters the

territorial sea of another stateterritorial sea of another state

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PollutionPollution References: MARPOL 73/78, Water Bill References: MARPOL 73/78, Water Bill

19891989* Warships exempt but RN ships are Warships exempt but RN ships are

expected to abide by regulations as far as expected to abide by regulations as far as operationally possible.operationally possible.

* Coastal State has jurisdiction in the EEZ Coastal State has jurisdiction in the EEZ for “the protection and preservation of the for “the protection and preservation of the marine environment”marine environment”

* Garbage controls:Garbage controls: Discharge of synthetic waste totally prohibitedDischarge of synthetic waste totally prohibited All non-food waste prohibited in special areasAll non-food waste prohibited in special areas No food waste within 3 miles of shoreNo food waste within 3 miles of shore

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Marpol 73/78 Garbage Pollution Marpol 73/78 Garbage Pollution RegulationsRegulations

Special AreasSpecial AreasBaltic; Red Sea; Black Sea; Mediterranean; Arabian GulfBaltic; Red Sea; Black Sea; Mediterranean; Arabian GulfNorth Sea South of 62North Sea South of 62ooN and East of 4N and East of 4oo West WestEnglish Channel North of 48English Channel North of 48oo 30’N and East of 5 30’N and East of 5oo West WestSkaggerak North of 57Skaggerak North of 57oo 44’N 44’N

Outside 12nmOutside 12nmInside 12nmInside 12nmOutside 25nmOutside 25nmOutside 12nmOutside 12nmInside 3nmInside 3nm 3-12nm3-12nm

Floating Floating DunnageDunnage

Food Food WasteWaste

Paper, Rags, Paper, Rags, Glass, MetalGlass, Metal

PlasticPlastic

NoNo

NoNo

NoNo

NoNo NoNo NoNo

NoNo

NoNo

NoNo

NoNo NoNo

YesYes

YesYes

YesYes

YesYes

YesYes

Outside Special AreasOutside Special Areas Special AreasSpecial Areas

ProhibitedProhibited

MutratedMutrated

MutratedMutrated

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Pollution - Enforcement ActionPollution - Enforcement Action

Not normally used to enforce Not normally used to enforce pollution legislationpollution legislation

Actions normally required:Actions normally required: Identify suspected vesselsIdentify suspected vessels Report incidents Report incidents Take samples of pollutantTake samples of pollutant Photograph offending vessels Photograph offending vessels

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Assistance (1)Assistance (1)

““Assistance should be rendered to a Assistance should be rendered to a ship or an aircraft endangered at ship or an aircraft endangered at sea....on occasions where it is within sea....on occasions where it is within the reasonable power of any ship. the reasonable power of any ship.

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Assistance (2)Assistance (2)

Merchant Ships are under a legal Merchant Ships are under a legal obligation to assist but cannot be obligation to assist but cannot be requisitioned.requisitioned.

Masters are directed to render assistance Masters are directed to render assistance in all reasonable circumstances and failure in all reasonable circumstances and failure to do so must be fully documented and the to do so must be fully documented and the distress message relayed.distress message relayed.

Ships should always acknowledge distress Ships should always acknowledge distress messages even if they are unable to messages even if they are unable to assist.assist.

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Salvage (1)Salvage (1)

Maritime salvage is a voluntary Maritime salvage is a voluntary service to save maritime property for service to save maritime property for monetary gain.monetary gain.

May be difficult, long-term and May be difficult, long-term and legally complexlegally complex

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Salvage (2)Salvage (2) Contractual salvage based on Lloyds Contractual salvage based on Lloyds

Open Form (LOF 95)Open Form (LOF 95) Should not be agreed without Should not be agreed without

consultation with Vessels Ownersconsultation with Vessels Owners Makes “Company” the salvage contractor Makes “Company” the salvage contractor

with continuing obligationswith continuing obligations Salvaged vessel taken to a “place of safety”Salvaged vessel taken to a “place of safety” Places the service rendered beyond doubtPlaces the service rendered beyond doubt Salvor can be sued for negligence by third Salvor can be sued for negligence by third

partyparty

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Salvage (3)Salvage (3)

Non-contractual salvageNon-contractual salvage Usually preferred methodUsually preferred method Neither party legally boundNeither party legally bound No guarantee of award by courtNo guarantee of award by court Must step aside if other party has LOFMust step aside if other party has LOF