to national jurisdiction, i.e. Arts. 208, 210 and 214. Together with Art. 208, Art.
214 UNCLOS is the other side of the coin of environmental jurisdiction over
continental shelf activities, as it contains provisions on coastal states’ enforcement
rights therein.
42 It reads as follows:
States shall enforce their laws and regulations adopted in accordance with article 208 and
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
arising from or in connection with seabed activities subject to their jurisdiction and from
artificial islands, installations and structures under their jurisdiction, pursuant to articles
60 and 80.
Similarly, coastal states’ discretion to implement laws and regulations against
pollution from continental shelf activities is limited, as the standards adopted shall be
no less effective than international standards, rules, recommendations and
procedures.
Another provision governing the topic is Art. 220, on coastal states’ enforcement
powers over vessels. Following pollution incidents in jurisdictional waters,
UNCLOS grants coastal states the right—not duty—to exercise plain enforcement
authority, including in loco inspection and detention of a vessel—one of the most
intrusive enforcement measures in the law of the sea, in cases “where the evidence so
warrants”
43 and clear ground exists for believing that the vessel has violated laws
and regulations of the coastal state.
44 Those provisions reflect what Maria Gavouneli
calls the “graduated approach to coastal state intervention”
45 and form he bulk of
legal rules underpinning the current item of this book.
Note, however, that Art. 220 applies only to vessels navigating the territorial sea
and the EEZ; not a single reference is made to the seabed. In other words, wherever
an overlap exists between EEZ and continental shelf, that provision shall subsidize
coastal states’ enforcement actions, whereas the same may not be held true for the
outer continental shelf. There, Art. 220 does not apply for a simple reason: the waters
above the outer continental shelf are considered as high seas, so navigation which
does not engage in continental shelf activities falls beyond the bulk of activities upon
which coastal states may exercise prescriptive and enforcement rights. Thus, a vessel
which is suspected of having discharged pollutant in waters above the outer continental shelf may not be subject to coastal states’ enforcement powers from Art.
42 Article 214 UNCLOS relates not only to coastal states, but to flag states which have ship flying
their flag engaged in seabed activities, such the FPSOs, ships used for towing, offshore storage and
transportation or other sorts of vessels used in connection with seabed activities. See König (2017),
p. 1460, mn 6.
43 Article 220, paragraph 2 UNCLOS.
44 Art. 220, paragraphs 3 to 6 UNCLOS, on enforcement by coastal states.
45 Gavouneli (2014), p. 19.
236
8 Material Extent of Coastal States’ Environmental Jurisdiction on the. . .
214 UNCLOS is the other side of the coin of environmental jurisdiction over
continental shelf activities, as it contains provisions on coastal states’ enforcement
rights therein.
42 It reads as follows:
States shall enforce their laws and regulations adopted in accordance with article 208 and
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
arising from or in connection with seabed activities subject to their jurisdiction and from
artificial islands, installations and structures under their jurisdiction, pursuant to articles
60 and 80.
Similarly, coastal states’ discretion to implement laws and regulations against
pollution from continental shelf activities is limited, as the standards adopted shall be
no less effective than international standards, rules, recommendations and
procedures.
Another provision governing the topic is Art. 220, on coastal states’ enforcement
powers over vessels. Following pollution incidents in jurisdictional waters,
UNCLOS grants coastal states the right—not duty—to exercise plain enforcement
authority, including in loco inspection and detention of a vessel—one of the most
intrusive enforcement measures in the law of the sea, in cases “where the evidence so
warrants”
43 and clear ground exists for believing that the vessel has violated laws
and regulations of the coastal state.
44 Those provisions reflect what Maria Gavouneli
calls the “graduated approach to coastal state intervention”
45 and form he bulk of
legal rules underpinning the current item of this book.
Note, however, that Art. 220 applies only to vessels navigating the territorial sea
and the EEZ; not a single reference is made to the seabed. In other words, wherever
an overlap exists between EEZ and continental shelf, that provision shall subsidize
coastal states’ enforcement actions, whereas the same may not be held true for the
outer continental shelf. There, Art. 220 does not apply for a simple reason: the waters
above the outer continental shelf are considered as high seas, so navigation which
does not engage in continental shelf activities falls beyond the bulk of activities upon
which coastal states may exercise prescriptive and enforcement rights. Thus, a vessel
which is suspected of having discharged pollutant in waters above the outer continental shelf may not be subject to coastal states’ enforcement powers from Art.
42 Article 214 UNCLOS relates not only to coastal states, but to flag states which have ship flying
their flag engaged in seabed activities, such the FPSOs, ships used for towing, offshore storage and
transportation or other sorts of vessels used in connection with seabed activities. See König (2017),
p. 1460, mn 6.
43 Article 220, paragraph 2 UNCLOS.
44 Art. 220, paragraphs 3 to 6 UNCLOS, on enforcement by coastal states.
45 Gavouneli (2014), p. 19.
236
8 Material Extent of Coastal States’ Environmental Jurisdiction on the. . .