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© DET JURIDISKE FAKULTET UNIVERSITETET I OSLO Alla Pozdnakova Post. doc. Scandinavian Institute of Maritime Law A comparative study of safety at sea regulation in Russia and Norway
© DET JURIDISKE FAKULTET UNIVERSITETET I OSLO The need to protect marine environment in the North Norway: between EU and Russia –Implements EU safety measures in sea transport –Participates in the regional arrangements (Paris MOU) –Established bilateral cooperation with Russia Effective safety regulation at the regional and domestic level is essential for the protection of the marine environment What is the Russian approach to safety at sea (environmental dimension)?
© DET JURIDISKE FAKULTET UNIVERSITETET I OSLO Ship-source pollution (overview of Russian legal acts) MARPOL 73/78 contains general principles and leaves many issues open Russian federal laws relevant for environmental safety (open list) –Merchant Shipping Code –Law on the Protection of Environment (2002) –Laws regulating maritime zones (internal waters, territorial sea, EEZ) –Law on Seaports –Administrative Code, Criminal Code Other (sub-ordinate) legal acts (orders, instructions etc)
© DET JURIDISKE FAKULTET UNIVERSITETET I OSLO Unlawful discharges from ships Law on Internal and Territorial Waters and Contiguous zone, Art 37: “any” discharge (a broad list of examples) for “any reasons” is prohibited –Deliberate and accidental –Whether by intent, recklessly or serious negligence Law on Exclusive Economic Zone, Art 30: –The same as in territorial sea but taking regard to international treaties –Government adopts normatives in line with international agreements (Decrees on prohibited/allowed discharges) High seas?
© DET JURIDISKE FAKULTET UNIVERSITETET I OSLO Who is liable for unlawful discharge? Law on Internal and Territorial Waters, Art 40: –liability of officials of federal executive institutions –as well as natural and legal persons under Russian law Law on EEZ, Art 40: –federal officials only for infringements relating to licensing –persons are liable for marine pollution under Russian law Russia provides for sanctions for the pollution of marine environment: Criminal Code Art. 252 –Persons who have an obligation to ensure environmental safety (?)
© DET JURIDISKE FAKULTET UNIVERSITETET I OSLO MSC Art 61: Master of a ship has an obligation to protect marine environment Harbour master (MSC Art 74 et seq) is responsible for safety in the port and that vessels calling/sailing are safe
© DET JURIDISKE FAKULTET UNIVERSITETET I OSLO Shipowner? –Order by MinTrans (1994) to implement ISM Code Classification societies? Law on the Protection of Environment –obligation to protect environment of a very broad scope –applies in territorial sea and EEZ including shipping activities
© DET JURIDISKE FAKULTET UNIVERSITETET I OSLO ”Law in action”: how are the rules enforced in practice? –MARPOL –Domestic rules Complex institutional structure of federal executive institutions in the maritime field (many actors with different functions) Accident investigation system: –Statute on Classification, Investigation and Registration of Incidents with Ships (1989, amended 1994) –Unsatisfactory accident investigation in practice – too lengthy etc
© DET JURIDISKE FAKULTET UNIVERSITETET I OSLO Role of Russian seaports in safety FS Control of vessels in Russian ports –Blame for some serious accidents with Russian flagged vessels –In principle, no uniform regulation of FS of Russian ships in Russian ports –Merchant Shiping Code, Law on Seaports PSC: Paris Memorandum of Understanding –Is it necessary to extend cooperation/information sharing between Norway and Russia on PSC?
© DET JURIDISKE FAKULTET UNIVERSITETET I OSLO Ports/places of refuge: a Russian approach Law on Internal Waters, Territorial Sea and Contiguous Zone, Art 9 In Russia, right to seek shelter for vessels in distress is not unlimited and may inter alia exclude pre-pollution situations Harmonization between European and Russian approach is very important
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