necessary to prevent the passage. Moreover, the flag State would be failing in its
obligations under Article 301
84 to refrain from any threat or use of force against the
territorial integrity or political independence of another State.
85
6 The Social Dimension
6.1 Crew
While UNCLOS specifies a set of non-exclusive set of actions by a vessel which may
render its passage in the territorial seas of coastal State not innocent, the State
v. Yannopulous (1974) (Italy v. Greece) case in a way suggests that a coastal State
taking any measures against a vessel on innocent passage, or its crew for that matter
alleging commission of acts prejudicial to the peace and good order of the State may
be required to back up its actions with sound evidence that will withstand the
scrutiny of court. In the State v. Yannopulous case, Yannopulous a Greek national
serving as a crew member of a Cypress flagged vessel was arrested for possession of
marijuana while the ship lay anchored at a port in Italy. Consequent to the arrest,
Yannopulous was produced in court alleging that his carrying of the marijuana was a
threat to the peace and security in the shore. The Italian Court, however, acquitted
Yannopulous with honor and set him free reasoning among other things that if the
offence is committed on board a vessel, the flag state has the jurisdiction and that,
evidence that the act of Yannopulous disturbed the peace, security and good order of
the port was severely lacking.
86
Criminalisation and detention of seafarers has been witnessed in a number of oil
pollution incidents such as the Erika (France, 1999), Prestige (Spain, 2002), Tasman
Spirit (Pakistan, 2003), and the Hebei Spirit (South Korea, 2007) largely on the basis
of national legislation that allows for penal sanctions in cases of pollution in the
territorial sea with no regard as to whether or not the “willful and serious” standard
had been met. This finding emerged from a study of 52 countries by the CMI
87
International Working Group on the Fair Treatment of Seafarers.
88 Further,
Australia, Canada, France, the United Kingdom and the United States are likely to
subject seafarers to criminal liability and penal prosecution for any incidence of
84 UNCLOS Article 301, Peaceful uses of the seas, p. 138.
85 Ebbs and Upcher (2015), pp. 3–5.
86 Ahmed (2017), pp. 21–40.
87 Comite Maritime International established in 1897 with the objective to promote by the establishment of National Associations, by conferences, by publication and by any other activities or
means, the unification of international maritime and commercial law and practice, whether by
Treaty or Convention or by establishing uniformity of domestic laws, usages, customs or practices.
88 Breide and Saunders (2008), p. 9.
Innocent Passage Under UNCLOS: An Exploration of the Tenets, Trials. . .
243
obligations under Article 301
84 to refrain from any threat or use of force against the
territorial integrity or political independence of another State.
85
6 The Social Dimension
6.1 Crew
While UNCLOS specifies a set of non-exclusive set of actions by a vessel which may
render its passage in the territorial seas of coastal State not innocent, the State
v. Yannopulous (1974) (Italy v. Greece) case in a way suggests that a coastal State
taking any measures against a vessel on innocent passage, or its crew for that matter
alleging commission of acts prejudicial to the peace and good order of the State may
be required to back up its actions with sound evidence that will withstand the
scrutiny of court. In the State v. Yannopulous case, Yannopulous a Greek national
serving as a crew member of a Cypress flagged vessel was arrested for possession of
marijuana while the ship lay anchored at a port in Italy. Consequent to the arrest,
Yannopulous was produced in court alleging that his carrying of the marijuana was a
threat to the peace and security in the shore. The Italian Court, however, acquitted
Yannopulous with honor and set him free reasoning among other things that if the
offence is committed on board a vessel, the flag state has the jurisdiction and that,
evidence that the act of Yannopulous disturbed the peace, security and good order of
the port was severely lacking.
86
Criminalisation and detention of seafarers has been witnessed in a number of oil
pollution incidents such as the Erika (France, 1999), Prestige (Spain, 2002), Tasman
Spirit (Pakistan, 2003), and the Hebei Spirit (South Korea, 2007) largely on the basis
of national legislation that allows for penal sanctions in cases of pollution in the
territorial sea with no regard as to whether or not the “willful and serious” standard
had been met. This finding emerged from a study of 52 countries by the CMI
87
International Working Group on the Fair Treatment of Seafarers.
88 Further,
Australia, Canada, France, the United Kingdom and the United States are likely to
subject seafarers to criminal liability and penal prosecution for any incidence of
84 UNCLOS Article 301, Peaceful uses of the seas, p. 138.
85 Ebbs and Upcher (2015), pp. 3–5.
86 Ahmed (2017), pp. 21–40.
87 Comite Maritime International established in 1897 with the objective to promote by the establishment of National Associations, by conferences, by publication and by any other activities or
means, the unification of international maritime and commercial law and practice, whether by
Treaty or Convention or by establishing uniformity of domestic laws, usages, customs or practices.
88 Breide and Saunders (2008), p. 9.
Innocent Passage Under UNCLOS: An Exploration of the Tenets, Trials. . .
243