ABSTRACT
In the area of enforcement competence, the 1982 UN Convention introduced several important jurisdictional innovations, especially related to port and coastal State enforcement. While traditionally regarded as the sole province of flag States, new enforcement powers are now recognised to lie with port and coastal States. Port States are empowered to undertake certain enforcement procedures in respect of vessel-discharge violations – even those occurring outside their internal waters, territorial seas and exclusive economic zones, when a vessel is voluntarily within a port or off-shore terminal of a State (Art 218). Also, under certain clearly delineated circumstances, coastal States will be able to cause proceedings and other measures to be taken in respect of violations of national laws and regulations, not only in their territorial sea but also in their EEZs, where these give effect to international rules and standards (Art 220). Enforcement powers are, however, subject to certain highly detailed safeguards to ensure that freedom of navigation is maintained alongside efforts to ensure environmental protection (Pt XII, s 7, Arts 223-33). These safeguards include a basic provision requiring non-discrimination against foreign vessels (Art 227), flag State pre-emption rights over enforcement proceedings in relation to violations (requiring, at the request of the flag State, suspension of proceedings that may have been initiated by other States) (Art 228), establishment of monetary penalties only for violations beyond internal waters, except in cases of ‘wilful and serious’ acts of pollution in the territorial sea (Art 230), and a special Article on safeguards with respect to straits used for international navigation (Art 233).
