The 200 Mile Limit : Bunkering and Ship-to-Ship Transfers within the Exclusive Economic Zone

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dc.contributor Helsingin yliopisto, Oikeustieteellinen tiedekunta fi
dc.contributor University of Helsinki, Faculty of Law en
dc.contributor Helsingfors universitet, Juridiska fakulteten sv
dc.contributor.author Vlodder, Albert
dc.date.issued 2021
dc.identifier.uri URN:NBN:fi:hulib-202106152639
dc.identifier.uri http://hdl.handle.net/10138/331016
dc.description.abstract The codification of the law of the sea at the third United Nations Conference on the Law of Sea (UNCLOS III) was a significant development within that body of law. With it came the establishment of a sui generis area in the seas named the Exclusive Economic Zone (EEZ). Each coastal state can establish an EEZ up to 200 nautical miles from the baseline of which its territorial sea is measured. Within the new zone, the separation of activities that belong under the freedom of the high seas took place. Sovereign rights and jurisdiction over such activities as fishing, erecting artificial installations and marine scientific research were attributed to coastal states. While traditional freedoms of the high seas, such as navigation, were assigned to flag states. The attempt to create a compromise represents the latest solution to the classic conflict between the free sea (mare liberum) and the closed sea (mare clausum). However, making a new zone between the high seas and the territorial waters of coastal states left legal ambiguity with activities that are not explicitly attributed to the coastal state or the flag state. Two of those unattributed activities are bunkering and ship-to-ship transfers. The uncertainty involving the two activities has created disputes which have found their way to the International Tribunal for the Law of the Sea (ITLOS). In the cases of the M/V “Saiga” and M/V “Virginia G,” the activity of bunkering foreign fishing vessels was adjudicated at ITLOS. The three options available to the Tribunal were to attribute bunkering to the coastal state, the flag state, or deciding the activity based on equity. In M/V “Saiga,” ITLOS used judicial restraint and refused to settle the issue of bunkering, despite the request of both parties. However, the situation in the case of M/V “Virginia G” required a decision. Through arguments using the text of UNCLOS and the practices of coastal states, ITLOS decided the bunkering of foreign fishing vessels to be under the jurisdiction of the coastal state due to a connection with fishing. Bunkering in all other instances and arguments based on marine pollution were not considered. Currently, before ITLOS is the case of the M/T “San Padre Pio.” The unattributed activity of conducting a ship-to-ship transfer within the EEZ of a coastal state will be decided. An analysis of the argumentation utilized in earlier cases was used to predict the outcome of this dispute. The Tribunal will likely find a solution based on incompatible laws and will not have to categorize ship-to-ship transfers, thus leaving the activity’s attribution unsettled. en
dc.language.iso eng
dc.publisher Helsingin yliopisto fi
dc.publisher University of Helsinki en
dc.publisher Helsingfors universitet sv
dc.subject law of the sea
dc.subject ITLOS
dc.subject LOSC
dc.subject bunkering
dc.subject STS transfers
dc.subject exclusive economic zone
dc.title The 200 Mile Limit : Bunkering and Ship-to-Ship Transfers within the Exclusive Economic Zone en
dc.type.ontasot pro gradu -tutkielmat fi
dc.type.ontasot master's thesis en
dc.type.ontasot pro gradu-avhandlingar sv
dct.identifier.urn URN:NBN:fi:hulib-202106152639
dc.subject.specialization Kansainvälinen oikeus fi
dc.subject.specialization International Law en
dc.subject.specialization Folkrätt sv
dc.subject.degreeprogram Kansainvälisen liikejuridiikan maisteriohjelma (International Business Law) fi
dc.subject.degreeprogram Master's Programme in International Business Law en
dc.subject.degreeprogram Magisterprogrammet i internationell affärsjuridik sv

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