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The EU Ship-Source Pollution Directive And Recent Expansions Of Coastal State Jurisdiction

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Chapter Summary

This chapter examines recent moves in the EU to expand coastal state jurisdiction over shipping activities where such jurisdiction is either lacking or questionable under existing international law. Beyond the territorial sea the coastal state's prescriptive and enforcement jurisdiction over offending ships is less clear-cut. In 2005, at the behest of Australia, the IMO approved the extension of the Great Barrier Reef Particularly Sensitive Sea Area (PSSA) to the Torres Strait, a strait used for international navigation separating Australia from Papua New Guinea. EU and Australian measures that attempts to establish coastal state jurisdiction over shipping traffic are legally problematic, given the lack of prescriptive and enforcement jurisdiction as assessed against the LOS Convention. Where international rules and standards are silent, ambiguous or deemed outdated, the proper recourse must be to seek to remedy them in the appropriate forum in the very manner contemplated and required by the LOS Convention.

Keywords: Australia; coastal state jurisdiction; EU; Great Barrier Reef; IMO; LOS Convention; Torres Strait



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