The 1969 INTERVENTION Convention affirms the right of coastal states to take measures on the high seas to prevent, mitigate or eliminate danger from oil pollution threats to their coastlines from maritime casualties. Coastal states can only take necessary action and must consult with interested parties like the flag state, ship owners, and cargo owners. Coastal states that take unauthorized measures beyond what the convention allows are liable for damages caused. Disputes are settled through provisions in the convention. The 1973 protocol extended the convention's scope to include pollution threats from substances other than oil.
The 1969 INTERVENTION Convention affirms the right of coastal states to take measures on the high seas to prevent, mitigate or eliminate danger from oil pollution threats to their coastlines from maritime casualties. Coastal states can only take necessary action and must consult with interested parties like the flag state, ship owners, and cargo owners. Coastal states that take unauthorized measures beyond what the convention allows are liable for damages caused. Disputes are settled through provisions in the convention. The 1973 protocol extended the convention's scope to include pollution threats from substances other than oil.
The 1969 INTERVENTION Convention affirms the right of coastal states to take measures on the high seas to prevent, mitigate or eliminate danger from oil pollution threats to their coastlines from maritime casualties. Coastal states can only take necessary action and must consult with interested parties like the flag state, ship owners, and cargo owners. Coastal states that take unauthorized measures beyond what the convention allows are liable for damages caused. Disputes are settled through provisions in the convention. The 1973 protocol extended the convention's scope to include pollution threats from substances other than oil.
The 1969 INTERVENTION Convention affirms the right of coastal states to take measures on the high seas to prevent, mitigate or eliminate danger from oil pollution threats to their coastlines from maritime casualties. Coastal states can only take necessary action and must consult with interested parties like the flag state, ship owners, and cargo owners. Coastal states that take unauthorized measures beyond what the convention allows are liable for damages caused. Disputes are settled through provisions in the convention. The 1973 protocol extended the convention's scope to include pollution threats from substances other than oil.
The Torrey Canyon disaster of 1967 revealed certain doubts with regard to the powers of States, under public international law, in respect of incidents on the high seas. In particular, questions were raised as to the extent to which a coastal State could take measures to protect its territory from pollution where a casualty threatened that State with oil pollution, especially if the measures necessary were likely to affect the interests of foreign ship-owners, cargo owners and even flag States.
The Convention which resulted affirms the right of a coastal State to take such measures on the high seas as may be necessary to prevent, mitigate or eliminate danger to its coastline or related interests from pollution by oil or the threat thereof, following upon a maritime casualty.
The coastal State is, however, empowered to take only such action as is necessary, and after due consultations with appropriate interests including, in particular, the flag State or States of the ship or ships involved, the owners of the ships or cargoes in question and, where circumstances permit, independent experts appointed for this purpose.
A coastal State which takes measures beyond those permitted under the Convention is liable to pay compensation for any damage caused by such measures. Provision is made for the settlement of disputes arising in connection with the application of the Convention.
The Convention applies to all seagoing vessels except warships or other vessels owned or operated by a State and used on Government non-commercial service.
The Protocol of 1973
Adoption: 2 November 1973 Entry into force: 30 March 1983
The 1969 Intervention Convention applied to casualties involving pollution by oil. In
view of the increasing quantity of other substances, mainly chemical, carried by ships, some of which would, if released, could cause serious hazard to the marine environment, the 1969 Brussels Conference recognized the need to extend the Convention to cover substances other than oil.
The Conference adopted the Protocol relating to Intervention on the High Seas in Cases of Marine Pollution by Substances other than Oil.
