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COASTAL STATE JURISDICTION (2) answer(s).
 
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ID:   169289


Coastal State Regulation of Bunkering and Ship-to-Ship (STS) Oil Transfer Operations in the EEZ: an Analysis of State Practice and of Coastal State Jurisdiction Under the LOSC / Testa, David   Journal Article
Testa, David Journal Article
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Summary/Abstract While the United Nations Convention on the Law of the Sea (LOSC) expressly allocates jurisdiction in regard to several activities that are conducted in the exclusive economic zone (EEZ), it does not do so for bunkering and ship-to-ship (STS) oil transfers. This article sheds light on different types of bunkering operations, as well as on the often-overlooked practice of STS oil transfers. It suggests that in the case of bunkering, the allocation of jurisdiction as between coastal and flag states depends on the activity of the vessel being bunkered. In the case of STS oil transfers, it concludes that jurisdictional competence needs to be determined in line with Article 59 of the LOSC. The article also examines relevant state practice and contends that the LOSC’s ambiguity is no license to unfettered coastal state regulation.
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2
ID:   187409


Geneva Declaration on Human Rights at Sea: an Endeavor to Connect Law of the Sea and International Human Rights Law / Klein, Natalie   Journal Article
Klein, Natalie Journal Article
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Summary/Abstract The Geneva Declaration on Human Rights at Sea was officially launched on 1 March 2022. The document was produced by the nongovernmental organization Human Rights at Sea, and responds to an undoubted need to prevent human rights violations at sea and to provide redress to victims of such abuses. Connecting the international human rights regime with the law of the sea has been one of many challenges to respond to this issue. This article explores the content of the Geneva Declaration and its alignment with existing law of the sea. Beyond the jurisdictional complexities presented, it is important to consider how this informal instrument holds relevance for international lawmaking. While there are obstacles, the Geneva Declaration creates a needed opportunity to bring attention to and clarity around the legal protections of human rights at sea.
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