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    4.1 Intervention Convention

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    Reza
    The Intervention Convention allows coastal states to intervene on the high seas to prevent or mitigate pollution that threatens their coastline from ship-based oil pollution incidents. It entered into force in 1975 and was later expanded by a 1973 protocol to cover other pollutants besides oil. The convention aims to balance coastal state interests with rights of flag states and others affected. Coastal states must consult with other affected parties before taking necessary response measures, which must be proportional to the threat and cease once the threat is addressed. Compensation is required if a state's measures exceed what is reasonably necessary.

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    4.1 Intervention Convention

    Uploaded by

    Reza
    64 views5 pages
    The Intervention Convention allows coastal states to intervene on the high seas to prevent or mitigate pollution that threatens their coastline from ship-based oil pollution incidents. It entered into force in 1975 and was later expanded by a 1973 protocol to cover other pollutants besides oil. The convention aims to balance coastal state interests with rights of flag states and others affected. Coastal states must consult with other affected parties before taking necessary response measures, which must be proportional to the threat and cease once the threat is addressed. Compensation is required if a state's measures exceed what is reasonably necessary.

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    Intervention

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    The Intervention Convention allows coastal states to intervene on the high seas to prevent or mitigate pollution that threatens their coastline from ship-based oil pollution incidents. It entered into force in 1975 and was later expanded by a 1973 protocol to cover other pollutants besides oil. The convention aims to balance coastal state interests with rights of flag states and others affected. Coastal states must consult with other affected parties before taking necessary response measures, which must be proportional to the threat and cease once the threat is addressed. Compensation is required if a state's measures exceed what is reasonably necessary.

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    © All Rights Reserved
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    64 views5 pages

    4.1 Intervention Convention

    Uploaded by

    Reza
    The Intervention Convention allows coastal states to intervene on the high seas to prevent or mitigate pollution that threatens their coastline from ship-based oil pollution incidents. It entered into force in 1975 and was later expanded by a 1973 protocol to cover other pollutants besides oil. The convention aims to balance coastal state interests with rights of flag states and others affected. Coastal states must consult with other affected parties before taking necessary response measures, which must be proportional to the threat and cease once the threat is addressed. Compensation is required if a state's measures exceed what is reasonably necessary.

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    Intervention Convention

    International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties,
    1969
    Adoption: 29 November 1969
    Entry into force: 6 May 1975
    If a pollution took place on the high seas beyond the EEZ and that casualty threatens
    pollution of the coastal waters of the state, then the concerned coastal state cannot
    proceed against the vessel for discharge violation since the vessel is outside its
    jurisdiction. Therefore the IMO evolved the above convention.

    Salient points
    1. The coastal state can intervene in the event of pollution on the high seas, only when
    there is grave and imminent danger to its coastal line or interests like fishing marine life
    etc. In other words such intervention in justified only an environmental grounds.
    2. The intervention is limited to cases of pollution only by crude oil, fuel oil, Diesel oil and
    L.O. but the 1973 protocol extends to other dangerous substances also.
    3. Measures taken by the coastal state shall be preceded by due consultation if the other
    states or persons whose interests are effected as a safeguard against abuse of power.
    4. The extent and degree of measures shall be proportional to the actual or future
    damage and shall be stopped as soon as the objective is achieved.
    The consideration for this are:
    a) The maximum damage caused if measures are not taken
    b) The effectiveness of the planned measures
    c) The maximum damage the planned measures may cause

    Intervention Convention
    Q. Is the Intervention Convention in force?
    Yes. This Convention was adopted in November 1969, entered into force on 6 May 1975.
    Parties to the present Convention may take such measures on the high seas as may be
    necessary to prevent, mitigate or eliminate grave and imminent danger to their coastline or
    related interests from pollution or threat of pollution of the sea by oil; following upon a
    maritime casualty or acts related to such a casualty, which may reasonably be expected to
    result in major harmful consequences.

    Q. Does it apply to pollutants other than oil?


    The 1973 London Conference on Marine Pollution adopted the Protocol relating to
    Intervention on the High Seas in Cases of Marine Pollution by Substances other than Oil.
    This extended the regime of the 1969 Intervention Convention to substances which are either
    listed in the Annex to the Protocol or which have characteristics substantially similar to those
    substances. The 1973 Protocol entered into force in 1983.
    Q. Is there a Convention that deals with cooperation of nations to combat pollution?
    International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC)
    deals with this subject. It was adopted in November 1990, entered into force on 13 May 1995.
    It provides a global framework for international co-operation in combating major incidents or
    threats of marine pollution.

    Q. In respect of OPRC, what must the Parties do?


    Parties to OPRC are required to establish measures for dealing with pollution incidents, either
    nationally or in co-operation with other countries.

    Q. What preparedness must be observed by ships and the Party Nations?


    Ships and offshore units are required to carry a shipboard oil pollution emergency plan,
    which must be coordinated with national systems for responding promptly and effectively to
    oil pollution incidents. Ships are required to report incidents of pollution to coastal
    authorities. The Convention details the actions that are then to be taken. The Convention calls
    for the establishment of stockpiles of oil spill combating equipment, the holding of oil spill
    combating exercises and the development of detailed plans for dealing with pollution
    incidents.

    Q. What about the expenditure incurred by a Party?


    In the event of pollution emergency and provision is made for the reimbursement of any
    assistance provided. IMO plays an important coordinating role.

    Q. Is there a similar Convention for the noxious substances?


    A Protocol to the OPRC relating to hazardous and noxious substances (OPRC-HNS Protocol)
    was adopted in 2000.

    Q. What kind of casualties is dealt when referred to the Intervention Convention?


    When referred to the Intervention Convention, maritime casualty means a collision of ships,
    stranding or other incident of navigation, or other occurrence on board a ship or external to it
    resulting in material damage or imminent threat of material damage to a ship or cargo.

    Q. What is the responsibility of a Coastal State in respect of consultation and notification


    prior exercising the right to take measures?
    When a coastal State is exercising the right to take measures the following provisions shall
    apply:
    (1) coastal State shall proceed to consultations with other States affected, particularly with the
    flag State or States;
    (2) it shall notify without delay the proposed measures to any persons physical or corporate
    known to the coastal State, to have interests which can reasonably be expected to be affected
    by those measures;
    (3) before any measure is taken, the coastal State may proceed to a consultation with
    independent experts, whose list is maintained by the Organizations.
    Q. Can such action be taken without prior notification or consultation?
    In cases of extreme urgency requiring measures to be taken immediately, the coastal State
    may take measures rendered necessary by the urgency of the situation, without prior
    notification or consultation or without continuing consultations already begun.

    Q. What is the responsibility towards the safety of life?


    A coastal State shall, before taking such measures and during their course, use its best
    endeavors to avoid any risk to human life, and to afford persons in distress any assistance of
    which they may stand in need, and in appropriate cases to facilitate the repatriation of ships’
    crews, and to raise no obstacle thereto.

    Q. How does IMO know about measures?


    The measures which have been taken shall be notified without delay to the States and to the
    known physical or corporate persons concerned, as well as to the Secretary-General of the
    Organization.

    Q. What is the provision, in case the measures taken are disproportionately excess?
    Measures taken by the coastal State shall be proportionate to the damage actual or threatened
    to it. Such measures shall not go beyond what is reasonably necessary to achieve the
    objective and shall cease as soon as that end has been achieved; they shall not unnecessarily
    interfere with the rights and interests of the flag State, third States and of any persons,
    physical or corporate, concerned.
    Any Party which has taken measures in convention of the provisions of the present
    Convention causing damage to others, shall be obliged to pay compensation to the extent of
    the damage caused by measures which exceed those reasonably necessary.
    Q. What is provided in UNCLOS 82, in respect of measures which can be taken to prevent
    the marine pollution?
    Article 221(1) UNCLOS provides the rights of States, ‘pursuant to international law, both
    customary and conventional, to take and enforce measures to prevent marine pollution. It
    extends beyond the territorial sea and is proportionate to the actual or threatened damage to
    protect their coastline or related interests, including fishing, from pollution or threat of
    pollution.  It may be thus, following upon a maritime casualty which may reasonably be
    expected to result in major harmful consequences.

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