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AuthorTesta, David
Available date2021-11-25T11:21:20Z
Publication Date2019-05-31
Publication NameOcean Development & International Law
Identifierhttp://dx.doi.org/10.1080/00908320.2019.1605673
CitationDavid Testa (2019) 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, Ocean Development & International Law, 50:4, 363-386, DOI: 10.1080/00908320.2019.1605673
URIhttp://hdl.handle.net/10576/25170
AbstractWhile 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.
Languageen
Publishertaylor and francis online
SubjectBunkering
STS oil transfers
Saiga and Virginia G cases
coastal state jurisdiction
Law of the Sea Convention
freedom of navigation
state practice
TitleCoastal 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
TypeArticle
Pagination363-386
Issue Number4
Volume Number50
dc.accessType Abstract Only


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