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SECTION 7. SAFEGUARDS
Article 223
Measures to facilitate proceedings
In proceedings instituted pursuant to this Part, States shall take measures
to facilitate the hearing of witnesses and the admission of evidence
submitted by authorities of another State, or by the competent
international organization, and shall facilitate the attendance at such
proceedings of official representatives of the competent international
organization, the flag State and any State affected by pollution arising
out of any violation. The official representatives attending such
proceedings shall have such rights and duties as may be provided under
national laws and regulations or international law.
Article 224
Exercise of powers of enforcement
The powers of enforcement against foreign vessels under this Part may only
be exercised by officials or by warships, military aircraft, or other ships
or aircraft clearly marked and identifiable as being on government service
and authorized to that effect.
Article 225
Duty to avoid adverse consequences in the exercise of the
powers of enforcement
In the exercise under this Convention of their powers of enforcement
against foreign vessels, States shall not endanger the safety of navigation
or otherwise create any hazard to a vessel, or bring it to an unsafe port
or anchorage, or expose the marine environment to an unreasonable risk.
Article 226
Investigation of foreign vessels
1.
- States shall not delay a foreign vessel longer than is essential
for purposes of the investigations provided for in articles 216, 218
and 220. Any physical inspection of a foreign vessel shall be limited
to an examination of such certificates, records or other documents as
the vessel is required to carry by generally accepted international
rules and standards or of any similar documents which it is carrying;
further physical inspection of the vessel may be undertaken only
after such an examination and only when:
- there are clear grounds for believing that the condition of the
vessel or its equipment does not correspond substantially with the
particulars of those documents;
- the contents of such documents are not sufficient to confirm or
verify a suspected violation; or
- the vessel is not carrying valid certificates and records.
- If the investigation indicates a violation of applicable laws and
regulations or international rules and standards for the protection
and preservation of the marine environment, release shall be made
promptly subject to reasonable procedures such as bonding or other
appropriate financial security.
- Without prejudice to applicable international rules and standards
relating to the seaworthiness of vessels, the release of a vessel
may, whenever it would present an unreasonable threat of damage to
the marine environment, be refused or made conditional upon
proceeding to the nearest appropriate repair yard. Where release has
been refused or made conditional, the flag State of the vessel must
be promptly notified, and may seek release of the vessel in
accordance with Part XV.
2. States shall co-operate to develop procedures for the avoidance of
unnecessary physical inspection of vessels at sea.
Article 227
Non-discrimination with respect to foreign vessels
In exercising their rights and performing their duties under this Part,
States shall not discriminate in form or in fact against vessels of any
other State.
Article 228
Suspension and restrictions on institution of proceedings
1. Proceedings to impose penalties in respect of any violation of
applicable laws and regulations or international rules and standards
relating to the prevention, reduction and control of pollution from vessels
committed by a foreign vessel beyond the territorial sea of the State
instituting proceedings shall be suspended upon the taking of proceedings
to impose penalties in respect of corresponding charges by the flag State
within six months of the date on which proceedings were first instituted,
unless those proceedings relate to a case of major damage to the coastal
State or the flag State in question has repeatedly disregarded its
obligation to enforce effectively the applicable international rules and
standards in respect of violations committed by its vessels. The flag State
shall in due course make available to the State previously instituting
proceedings a full dossier of the case and the records of the proceedings,
whenever the flag State has requested the suspension of proceedings in
accordance with this article. When proceedings instituted by the flag State
have been brought to a conclusion, the suspended proceedings shall be
terminated. Upon payment of costs incurred in respect of such proceedings,
any bond posted or other financial security provided in connection with the
suspended proceedings shall be released by the coastal State.
2. Proceedings to impose penalties on foreign vessels shall not be
instituted after the expiry of three years from the date on which the
violation was committed, and shall not be taken by any State in the event
of proceedings having been instituted by another State subject to the
provisions set out in paragraph 1.
3. The provisions of this article are without prejudice to the right of the
flag State to take any measures, including proceedings to impose penalties,
according to its laws irrespective of prior proceedings by another State.
Article 229
Institution of civil proceedings
Nothing in this Convention affects the institution of civil proceedings in
respect of any claim for loss or damage resulting from pollution of the
marine environment.
Article 230
Monetary penalties and the observance of recognized rights
of the accused
1. Monetary penalties only may be imposed with respect to violations of
national laws and regulations or applicable international rules and
standards for the prevention, reduction and control of pollution of the
marine environment, committed by foreign vessels beyond the territorial
sea.
2. Monetary penalties only may be imposed with respect to violations of
national laws and regulations or applicable international rules and
standards for the prevention, reduction and control of pollution of the
marine environment, committed by foreign vessels in the territorial sea,
except in the case of a wilful and serious act of pollution in the
territorial sea.
3. In the conduct of proceedings in respect of such violations committed by
a foreign vessel which may result in the imposition of penalties,
recognized rights of the accused shall be observed.
Article 231
Notification to the flag State and other States concerned
States shall promptly notify the flag State and any other State concerned
of any measures taken pursuant to section 6 against foreign vessels, and
shall submit to the flag State all official reports concerning such
measures. However, with respect to violations committed in the territorial
sea, the foregoing obligations of the coastal State apply only to such
measures as are taken in proceedings. The diplomatic agents or consular
officers and where possible the maritime authority of the flag State, shall
be immediately informed of any such measures taken pursuant to section 6
against foreign vessels.
Article 232
Liability of States arising from enforcement measures
States shall be liable for damage or loss attributable to them arising from
measures taken pursuant to section 6 when such measures are unlawful or
exceed those reasonably required in the light of available information.
States shall provide for recourse in their courts for actions in respect of
such damage or loss.
Article 233
Safeguards with respect to straits used for international
navigation
Nothing in sections 5, 6 and 7 affects the legal regime of straits used for
international navigation. However, if a foreign ship other than those
referred to in section 10 has committed a violation of the laws and
regulations referred to in article 42, paragraph 1 (a) and (b), causing or
threatening major damage to the marine environment of the straits, the
States bordering the straits may take appropriate enforcement measures and
if so shall respect mutatis mutandis the provisions of this section.
SECTION 8. ICE-COVERED AREAS
Coastal States have the right to adopt and enforce non-discriminatory laws
and regulations for the prevention, reduction and control of marine
pollution from vessels in ice-covered areas within the limits of the
exclusive economic zone, where particularly severe climatic conditions and
the presence of ice covering such areas for most of the year create
obstructions or exceptional hazards to navigation, and pollution of the
marine environment could cause major harm to or irreversible disturbance of
the ecological balance. Such laws and regulations shall have due regard to
navigation and the protection and preservation of the marine environment
based on the best available scientific evidence.
SECTION 9. RESPONSIBILITY AND LIABILITY
Article 235
Responsibility and liability
1. States are responsible for the fulfilment of their international
obligations concerning the protection and preservation of the marine
environment. They shall be liable in accordance with international law.
2. States shall ensure that recourse is available in accordance with their
legal systems for prompt and adequate compensation or other relief in
respect of damage caused by pollution of the marine environment by natural
or juridical persons under their jurisdiction.
3. With the objective of assuring prompt and adequate compensation in
respect of all damage caused by pollution of the marine environment, States
shall co-operate in the implementation of existing international law and
the further development of international law relating to responsibility and
liability for the assessment of and compensation for damage and the
settlement of related disputes, as well as, where appropriate, development
of criteria and procedures for payment of adequate compensation, such as
compulsory insurance or compensation funds.
SECTION 10. SOVEREIGN IMMUNITY
The provisions of this Convention regarding the protection and preservation
of the marine environment do not apply to any warship, naval auxiliary,
other vessels or aircraft owned or operated by a State and used, for the
time being only on government non-commercial service. However, each State
shall ensure, by the adoption of appropriate measures not impairing
operations or operational capabilities of such vessels or aircraft owned or
operated by it, that such vessels or aircraft act in a manner consistent,
so far as is reasonable and practicable, with this Convention.
SECTION 11. OBLIGATIONS UNDER OTHER
CONVENTIONS ON THE PROTECTION AND
PRESERVATION OF THE MARINE ENVIRONMENT
Article 237
Obligations under other conventions on the protection and
preservation of the marine environment
1. The provisions of this Part are without prejudice to the specific
obligations assumed by States under special conventions and agreements
concluded previously which relate to the protection and preservation of the
marine environment and to agreements which may be concluded in furtherance
of the general principles set forth in this Convention.
2. Specific obligations assumed by States under special conventions, with
respect to the protection and preservation of the marine environment,
should be carried out in a manner consistent with the general principles
and objectives of this Convention.
Previous
Convention on the Law of the Sea: Index
Parts:
I -
II -
III -
IV -
V -
VI -
VII -
VIII-IX -
X -
XI -
XII -
XIII -
XIV -
XV -
XVI -
XVII
Annexes:
I -
II -
III -
IV -
V -
VI -
VII -
VIII -
IX
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